Joseph Wolfe
In this session, Mr. Wolfe will provide an overview of the Stark Law and Anti-Kickback Statute, including their recent changes.
He will also discuss best practices for negotiating and drafting transaction documents and financial models on behalf of health systems, hospitals, medical groups, physician practices, and physicians.
The webinar will focus on regulatory requirements, key provisions, valuation considerations, and potential pitfalls that should be avoided.
The government finalized several changes to the Stark Law and Anti-Kickback Statute in the last few years. The healthcare industry is also seeing unprecedented consolidation. Many healthcare organizations acquire physician practices or enter into more creative joint ventures and transactions, then employ or contract for professional physician services post-acquisition.
Pursuing these transactions compliance-focused is critical in today's challenging enforcement climate. Healthcare organizations should monitor and audit their transactions to meet the Stark and Anti-Kickback strict liability rules. Importantly, transactions must be defensible under the "Big 3" regulatory requirements (i.e., fair market value, commercially reasonable, and the prohibition on "taking into account" referrals) in case a whistleblower or investigator ever challenges the transaction.
Why you should Attend:
Recent alleged violations of Stark and Anti-Kickback have resulted in penalties in the hundreds of millions of dollars for health care organizations, along with the risk of exclusion from federal health care programs and imposition of 5-year corporate monitoring programs. As healthcare organizations enter into an audit practice acquisition, joint ventures, and other similar transactions, they must be sure that the transaction, the compensation paid, and the payment formula are defensible under the Stark Law and Anti-Kickback Statute.
Areas Covered in the Webinar Session:
Who Will Benefit:
Joseph Wolfe is an attorney with Hall Render, the largest healthcare-focused law firm in the country. Mr. Wolfe supports high-performing hospitals, health systems, medical groups, and other healthcare organizations nationwide on complex financial, legal, regulatory, and strategic issues both as a consultant and attorney, depending on the scope of support, client preference, and need. He is a frequent speaker for most of the national healthcare trade associations and has given over 200 in-person, web-based, and podcast presentations in recent years. He is the leader of Hall Render’s healthcare regulatory practice group and currently serves as the vice chair of educational programming for the American Health Law Association’s Fraud & Abuse Practice Group. He is licensed as an attorney in both Florida and Wisconsin.
