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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Health

Date & Time
  • event Date

    Wednesday, February 21, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide guidance to healthcare counsel on the Stark timeshare arrangement exception and the challenges of the exception. The panel will examine the requirements and limitations and offer guidance for structuring a timeshare arrangement to ensure compliance with Stark, federal anti-kickback statute (AKS), and other regulations.

Faculty

Kimberly S. Ruark
Counsel
BakerHostetler

Ms. Ruark focuses her practice on transactions and regulatory matters for the healthcare industry. She is scrupulous in guiding hospitals, health systems, and physicians through complex contract arrangements that match the client’s business aims. She also counsels healthcare industry clients on issues of fraud and abuse and Stark Law compliance matters.

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Rick L. Hindmand
Counsel
Mcdonald Hopkins LLC

Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and transactional matters. He represents physicians and other healthcare providers and organizations in structuring group practices, joint ventures, medical device companies, as well as physician/hospital alignment strategies and involvement in accountable care organizations (ACOs). He also assits healthcare providers and businesses with potential compliance challenges, including compliance with the Stark physician self-referral law, federal and state anti-kickback laws, and corporate practice and fee-splitting restrictions.

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Description

The Centers for Medicare and Medicaid Services (CMS) timeshare exception permits physicians, hospitals, or other physician groups to share “space, equipment, personnel, items, supplies or services” through non-exclusive timeshare arrangements. This provides physicians and hospitals with an alternative to a full-time lease and makes it easier to share resources and expand services for patients.

To take advantage of the exception, certain conditions must be met. For example, the physician cannot be an owner, employee, or contractor--regardless of which party grants and which party receives permission to use the premises, equipment, personnel, items, supplies, and services of the other party.

Also, when structuring the arrangement, counsel should consider that in the final rule CMS compared a timeshare arrangement with a license, referring to the parties to a timeshare arrangement as licensor and licensee.

Further, hospitals, physician organizations, and physicians that are currently in or considering entering into a timeshare arrangement should review the rule and exception to ensure compliance with the requirements and understand its limitations.

Listen as our authoritative panel of healthcare attorneys reviews the Stark exception for timeshare arrangements and the requirements to meet the exception. The panel will also discuss the challenges that have arisen and what providers and their counsel are doing to overcome those challenges. The panel will also look at structuring the timeshare arrangement to ensure compliance with AKS and overcoming the practical challenges in structuring compliant timeshare leasing arrangements.

Outline

  1. Stark exception for timeshare arrangements and the requirements to meet the exception
  2. Challenges that have arisen and what providers and their counsel are doing to overcome those issues
  3. Structuring the timeshare arrangement to ensure compliance with Stark and AKS
  4. Overcoming the practical challenges in structuring compliant timeshare leasing arrangements

Benefits

The panel will review these and other key issues:

  • How has the Stark exception changed the landscape for timesharing agreements?
  • What limitations still exist with timeshare arrangements?
  • What strategies should counsel employ to ensure Stark and AKS compliance when structuring timeshare agreements?