Telemedicine Agreements: FMV, Commercial Reasonableness Compliance in Compensation Arrangements

A live 90-minute CLE webinar with interactive Q&A


Wednesday, August 8, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will provide guidance to healthcare counsel on compensation in agreements for telemedicine services. The panel will examine the various ways in which common telemedicine arrangements require commercial reasonableness and FMV requirements to be met. The panel will also discuss the process and requirements associated with FMV and commercial reasonableness opinions related to telemedicine arrangements.

Description

An April 2018 OIG report on unwarranted Medicare reimbursement to providers of telehealth services highlights the government’s interest in compliance by telemedicine providers. While the OIG has provided guidance regarding telemedicine service arrangements in Advisory Opinions addressing telemedicine compensation arrangements, the number of and content in such opinions is limited.

Telemedicine service lines may implicate the Stark Law and the Anti-Kickback Statute as well as federal tax law. As a result, the compensation arrangements between the healthcare facilities and the physicians or other medical professions will need to contain commercially reasonable terms and offer payment that is consistent with fair market value (FMV).

The continued growth of telemedicine as a means to provide high quality and cost-effective healthcare underscores the need for healthcare counsel to understand the issues surrounding commercial reasonableness and FMV as they relate to compensation for telemedicine services.

Listen as our authoritative panel briefly discusses compensation arrangements between healthcare facilities and telemedicine service providers, and the laws those relationships implicate. The panel will examine the various ways in which common telemedicine arrangements require commercial reasonableness and FMV requirements to be met. The panel will also discuss the process and requirements associated with FMV and commercial reasonableness opinions related to telemedicine arrangements.

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Outline

  1. Key developments related to the telemedicine industry
  2. Outline of the standard types of telemedicine service arrangements
  3. Laws those arrangements implicate
  4. Commercial reasonableness and FMV requirements
  5. OIG opinions related to telemedicine arrangements
  6. Opinions of commercial reasonableness in the telemedicine context
  7. Key considerations for telemedicine FMV analyses

Benefits

The panel will review these and other important issues:

  • When should counsel consider whether the contemplated telemedicine arrangements meet one of the applicable Stark exceptions and/or AKS safe harbors related to service arrangements?
  • What are the factors involved when evaluating the commercial reasonableness of the telemedicine service arrangement?
  • How can counsel assess the FMV of compensation in a telemedicine service agreement?

Faculty

Argueso, Luis
Luis A. Argueso

Director
HealthCare Appraisers

Mr. Argueso’s practice involves the appraisal of healthcare businesses and the valuation of healthcare provider...  |  Read More

Houston, Alex
Alex Houston

Senior Associate
HealthCare Appraisers

Mr. Houston focuses on valuation and analysis of various healthcare provider call coverage services and compensation...  |  Read More

Hutzler, Albert
Albert D. (Chip) Hutzler

Partner
HealthCare Appraisers

Mr. Hutzler focuses on fair market value analysis of hospital arrangements with physicians for clients nationwide,...  |  Read More

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