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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

    Thursday, December 14, 2023

  • 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

This CLE course will guide healthcare counsel through the corporate practice of medicine and fee-splitting prohibitions. The panel will examine how different states address the challenges presented by the prohibitions. The panel will also offer best practices for navigating the prohibitions to ensure compliance.

Faculty

Ari J. Markenson
Partner
Venable LLP

Mr. Markenson practices at the intersection of healthcare, law, and business. He advises healthcare industry clients, including investors, lenders, providers, and suppliers, on a broad range of regulatory and corporate matters, and has significant experience conducting due diligence in complex healthcare industry acquisitions and financial transactions. He regularly represents private equity firms and lenders in such transactions and evaluates and advises on compliance and regulatory issues with regard to sellers and potential borrowers from banks and financing sources. He also advises various healthcare entities on regulatory matters, including conditions for participation, fraud and abuse, and survey, certification, licensure, and enforcement issues, Medicare and Medicaid conditions for participation, obtaining a certificate of need approval, and state licensure. 

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Christopher E. Conn
Attorney
Venable LLP

Mr. Conn focuses his practice on corporate, mergers and acquisitions (M&A), and regulatory matters related to the financial services and healthcare industries. He has represented both private and public clients in complex buy-side and sell-side transactions. Mr. Conn has experience representing health industry clients on matters relating to professional practice acquisitions and structuring of professional practice and professional practice management businesses. He also regularly advises companies on various corporate governance matters. In December 2020, Mr. Conn was selected as Venable’s Treanor Fellow and served a six-month fellowship at Maryland Legal Aid, where he represented tenants facing eviction in Baltimore City’s rent court.

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Description

Many states prohibit the corporate practice of medicine. The prohibition presents one of the key challenges for structuring some healthcare transactions, such as management services arrangements, particularly if the entity has venture capital or private equity investments. Corporate practice of medicine laws prohibit an entity from providing medical services or employing physicians if non-physicians own it.

Another risk is fee-splitting, which many states prohibit to reduce the likelihood that unnecessary medical services will be provided to maximize income. Fee-splitting can occur when a physician splits professional fees with non-clinicians.

Counsel must consider several factors unique to healthcare when structuring different transactions, including the corporate practice of medicine and fee-splitting prohibitions, and ensure compliance when structuring agreements.

Listen as our authoritative panel of healthcare attorneys examines the corporate practice of medicine and fee-splitting. The panel will examine how different states address the challenges presented by the corporate practice of medicine laws. The panel will address fee-splitting issues and offer best practices for navigating both corporate practice of medicine and fee-splitting to ensure compliance.

Outline

  1. Corporate practice of medicine
    • Legislation, judicial decisions, AG opinions
    • Exceptions
  2. Fee-splitting
    • Differences with kickbacks, Stark violations
  3. Best practices to ensure compliance

Benefits

The panel will review these and other key issues:

  • What limitations do the corporate practice of medicine and fee-splitting laws place on healthcare transactions?
  • What is the difference between fee-splitting, a kickback, and violations of physician self-referral laws?
  • What are best practices for counsel to ensure compliance with corporate practice of medicine prohibitions when structuring healthcare agreements?