Telemedicine Management Services Agreements: Corporate Practice of Medicine, Fee-Splitting, Regulatory Compliance

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


Wednesday, May 12, 2021

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

or call 1-800-926-7926

This CLE webinar will guide healthcare counsel on structuring telemedicine management service agreements. The panel will discuss considerations for both the management group and the healthcare providers and legal risks with such agreements. The panel will also discuss a recent IRS rule that addresses healthcare management services. The panel will offer best practices for addressing healthcare regulatory issues in telemedicine management services.

Description

Under a management services agreement, a professional association employs physicians to provide telemedicine services and a management company handles the administrative, non-clinical aspects of those services. The management company may provide technology and other support that will facilitate telemedicine services. However, there are risks to operating under management services agreements.

Many states prohibit the corporate practice of medicine. This presents one of the challenges for management services arrangements, particularly if the entity has venture capital or private equity investments. Corporate practice of medicine laws prohibit an entity from providing medical services or employing physicians if non-physicians own it. Another risk is fee-splitting, which many states prohibit to reduce the likelihood that unnecessary medical services will be provided to maximize income.

Further, on Dec. 4, 2020, the IRS released a new private ruling that should be of interest to telemedicine companies and providers. The ruling held that a physician-owned medical services professional corporation could be included in a consolidated tax return filing and its management service organization and related corporations.

Listen as our authoritative panel of healthcare attorneys examines the nuts and bolts of structuring telemedicine management service agreements. The panel will explain considerations for management and the healthcare providers, including the corporate practice of medicine, FMV, and fee-splitting. The panel will also discuss a recent IRS rule that addresses healthcare management services. The panel will outline guidance for counsel to address healthcare regulatory issues in telemedicine management services.

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Outline

  1. Considerations when determining to enter into a management services arrangement
  2. Legal risks
    1. Corporate practice of medicine
    2. Fee-splitting
  3. Recent IRS ruling
  4. Regulatory issues
  5. Best practices

Benefits

The panel will review these and other key issues:

  • What are the key considerations when determining whether to enter into a management services arrangement?
  • What are the legal risks for counsel to consider when structuring management services agreements?
  • What are the best practices for counsel to ensure regulatory compliance in a telemedicine management services agreement?

Faculty

Cohen, Roger
Roger A. Cohen

Partner
Goodwin Procter

Mr. Cohen practices in the firm’s nationally recognized Life Sciences practice. He counsels healthcare services,...  |  Read More

de la Houssaye, Nadia
Nadia de la Houssaye

Partner
Jones Walker

Ms. de la Houssaye is Co-Leader of the firm's Healthcare Litigation Team and Chairs the Healthcare Industry...  |  Read More

Sherer, Jeremy
Jeremy D. Sherer

Attorney
Hooper Lundy & Bookman

Mr. Sherer specializes in digital health matters and is Co-Chair of the firm’s Digital Health Task Force. He...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

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