Complying with Stark’s Technical Requirements and the Key Tenets of Defensibility
In recent years, the healthcare industry has seen unprecedented levels of physician employment. Stark law, too, has undergone many significant changes. Stark law now includes an exception that allows hospitals to provide financial support to physician practices that employ or contract with non-physician practitioners ("NPPs"). However, prior to moving forward with any NPP arrangements, physician leases or other employment arrangements, the parties should carefully evaluate whether the proposed structure and financial terms support compliance with Stark’s technical requirements and key tenets of defensibility.
Stark law enforcement actions have led to substantial awards and settlements. Structuring employment arrangements appropriately and periodically auditing implementation are critical in today’s challenging enforcement climate. In order to manage compliance and enterprise risks, healthcare organizations and physicians should ensure that their employment arrangements are defensible under the Stark law. They must monitor and audit their existing arrangements to ensure that they are in compliance with Stark’s technical requirements and the key tenets of defensibility such as fair market value, commercial reasonableness, as well as not taking into account assigned health service referrals, in case their physician setups are ever challenged.
This virtual boot camp with healthcare law expert Joseph Wolfe will provide you with an overview of the regulatory standards for Stark law, focusing on Stark’s technical requirements and the three key tenets of defensibility. With this boot camp, you will learn how to operationalize the Stark exceptions, the group practice requirements, interpretations/clarifications. Joseph will further guide you on the auditing process and will discuss the strategies for mitigating risk.
Session 1: Structuring and Auditing Physician Leases under the New Stark Rules
Length: 60 Minutes
Join this session to understand Stark Law's core technical requirements as well as the key tenets of defensibility regarding leasing arrangements. You will get an overview of Stark Law and learn about the best practices for negotiating and drafting leases on behalf of health systems, hospitals, medical centers and physician practices.
Join this session for a discussion of the best practices for negotiating and drafting employment agreements from the perspective of health systems, hospitals, medical groups and physician practices. The session will focus on regulatory requirements, key provisions, valuation considerations and potential pitfalls that should be avoided.
Session 3: Structuring and Auditing Non-Physician Practitioner Arrangements under the New Stark Rules
Length: 60 Minutes
Join this session for a discussion of the best practices for negotiating and drafting non-physician practitioner (NPP) arrangements on behalf of health systems, hospitals, medical groups and physician practices. The session will provide you with an overview of the applicable regulatory standards and will discuss the requirements of Stark employment, recruitment and assistance to compensate NPP exceptions.
Joseph Wolfe is a partner with Hall, Render, Killian, Heath & Lyman, P.C., the largest health care focused law firm in the country, now with offices nationwide. Hall Render's attorneys provide advice and counsel to many of the nation's largest health systems, hospitals and medical groups on a variety of health care issues. Joseph regularly counsels clients on a national basis regarding compliance-focused physician compensation strategies. He..