Structuring and Auditing Health Care Transactions Under the New Stark and Anti-Kickback Rules

Joseph Wolfe
Recording Webinar Available @All Days
Recorded Webinar


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:

  • Provide a general Stark and Kickback overview.
  • Examine critical regulatory requirements related to physician practice acquisitions, joint ventures, and other transactions
  • Discuss best practices for drafting purchase agreements and the related financial terms
  • Discuss best practices for drafting post transactions service arrangements (e.g., employment, professional services, etc.) and the related financial terms
  • Review processes for documenting fair market value and commercial reasonableness

Who Will Benefit:

  • In-House Counsel
  • Health Care Compliance Officers
  • Health Care Human Resources
  • Health Care CFOs
  • Health Care executives

Training Options

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Digital Download

Transcript (PDF)


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