Hospital Employment of Physicians: Complying With Stark Law and Anti-Kickback Statute
Evaluating Employment Models, Structuring Agreements, and Planning for Physician-Hospital Alignment
Recording of a 90-minute CLE webinar with Q&A
The CLE course will provide hospital counsel with a review of key issues involved when hospitals consider directly employing physicians, including applicable laws, regulations and strategies for structuring employment contracts.
Outline
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Legal considerations
- Evaluating and selecting employment/operational models
- Anti-Kickback Statute
- Stark Law exceptions
- Tax law considerations
- State law considerations
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Physician employment contract and ancillary agreements
- Duties and responsibilities
- Autonomy
- Terms and termination
- Compensation/benefits
- Incentive pitfalls to avoid
- Restrictive covenants
Benefits
The panel will review these and other key questions:
- What is driving the trend of increased hospital employment of physicians?
- What are the key legal concerns for hospitals prior to and when employing physicians?
- What compensation models have been most attractive or effective for hospitals negotiating employment with physicians?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
R. Michael Barry
Partner
Arnall Golden Gregory
Mr. Barry is a partner in the firm's Health Care and Life Sciences and Corporate Law Practices. His areas of... | Read More
Mr. Barry is a partner in the firm's Health Care and Life Sciences and Corporate Law Practices. His areas of focus include healthcare regulatory compliance, fraud and abuse issues, negotiation and preparation of acquisition, divestiture and joint venture agreements, and other business arrangements. He represents hospital and healthcare systems, physician groups, device manufacturers and service providers.
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Lorin E. Patterson
Partner
Reed Smith
He focuses on healthcare joint venture formation, planning and development. He assists healthcare clients in the... | Read More
He focuses on healthcare joint venture formation, planning and development. He assists healthcare clients in the formation and capitalization of physician-owned entities. He frequently speaks at national conferences focusing on physician-owned ancillary services.
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Brad M. Rostolsky
Partner
Reed Smith
Mr. Rostolsky assists hospitals on arrangements with physicians, such as joint ventures, physician recruitment,... | Read More
Mr. Rostolsky assists hospitals on arrangements with physicians, such as joint ventures, physician recruitment, practice acquisitions, employment arrangements, and exclusive provider agreements, as well as compliance with federal and state laws governing referrals among health care providers, such as the "Anti-Kickback Law" and "Stark II." He has written and spoken on a variety of health law topics.
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