Structuring Call Coverage Agreements: Key Considerations and Provisions
Employee vs. Independent Contractor, Stark and AKS, Compensation Structures, and More
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide healthcare counsel on considerations for and provisions to include in call coverage agreements. The panel will examine the issue of employee vs. independent contractor, Stark and AKS compliance, and other clauses, such as exclusivity, term and termination, and compensation. The panel will offer insight into structuring call coverage agreements.
- Regulatory issues
- Anti-Kickback Statute
- Civil Monetary Penalties Law
- Corporate Practice of Medicine
- Common State laws
- How compensated call differs from direct patient care services
- Key considerations and terms in call coverage contracts
- Selection of compensated call participants
- Employee v. independent contractors
- Type of call coverage: Restricted vs. Unrestricted
- Compensation structures, including hourly, per diems, gap payments, etc.
- Scope of services provided
- Performance standards
- Assignment of professional fees, if any
- Fair market value/commercial reasonableness issues/documentation
- Term and termination
The panel will review these and other crucial issues:
- What is the impact of having an employment or an independent contractor relationship and how does it change the structure of the call coverage agreement?
- What regulations must be complied with when structuring call coverage arrangements? What is the scope of the AKS and Stark safe harbors?
- What fraud and abuse risks do compensation structures present?
Kim C. Stanger
Holland & Hart
Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint... | Read More
Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint ventures, practice formations, acquisitions, and mergers, conversions and physician integration. He helps clients comply with laws and regulations governing healthcare, including Stark, the Anti-Kickback Statute, HIPAA, EMTALA, HITECH, Medicare and Medicaid requirements, and licensing rules. He also advises clients in governance matters, including drafting and implementing board and medical staff bylaws, policies and rules.Close
Robert A. Wade
Barnes & Thornburg
Mr. Wade represents large health systems, hospitals, ambulatory surgical centers, physician groups, physicians and... | Read More
Mr. Wade represents large health systems, hospitals, ambulatory surgical centers, physician groups, physicians and other medical providers. He has wide-ranging experience in matters involving the Stark Act, Anti-Kickback Statute, False Claims Act, and Emergency Medical Treatment and Active Labor Act. He counsels clients in developing, monitoring and documenting effective healthcare compliance programs. He assists clients in negotiating and implementing corporate integrity agreements and in documenting and defending financial arrangements between healthcare providers, including hospitals, large health systems and referring physicians, as being of fair market value and commercially reasonable.Close