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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, May 29, 2024 (in 11 days)

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

or call 1-800-926-7926

This CLE course 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 the legal risks with such agreements. The panel will also discuss an 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.

A 2020 IRS private 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 healthcare providers, including the corporate practice of medicine, FMV, and fee-splitting. The panel will also discuss the 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

Partner, Co-Chair Digital Health Task Force
Hooper Lundy & Bookman

Mr. Sherer specializes in digital health matters. He counsels healthcare providers and suppliers, including hospital...  |  Read More

Attend on May 29

Cannot Attend May 29?

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 course handouts.

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

CLE On-Demand Video

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