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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

    Tuesday, April 1, 2025

  • 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 counsel to hospitals and physician groups on structuring and negotiating leased practice agreements, professional service agreements (PSAs), and management services agreements (MSAs). The panel will explain how healthcare providers can leverage the benefits and understand and overcome the legal challenges associated with these kinds of alignment models.

Faculty

Sokolow David
Shareholder
Fox Rothschild LLP

Mr. Sokolow is Co-Chair of the firm’s Health Law Practice. He concentrates his practice in a variety of regulatory and transactional areas, including fraud and abuse, physician self-referral, and false claims; healthcare compliance programs and regulatory compliance; internal investigations; governmental and third-party payor audits and investigations; healthcare affiliations, joint ventures and contractual arrangements; medical practice formation, compensation and governance issues; hospital-physician relations; tax-exempt organizations and corporate governance; provider and facility licensing; reimbursement and payment issues; Medicare and Medicaid; certificate of need and health planning; medical records, privacy and confidentiality issues (HIPAA); and managed care and integrated delivery systems.

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Gosfield Alice
Shareholder
Alice G. Gosfield and Associates, PC

Ms. Gosfield advises on problems involving a range of issues, including Medicare reimbursement, fraud and abuse avoidance, and compliance including all aspects of Stark and anti-kickback, Medicare and Medicaid, managed care contracting, medical staff issues, HIPAA privacy, electronic health record licenses, and general healthcare business contracts including employment contracts. As the health system is changing, she advises regarding innovative payment models, clinical integration, physician compensation models, and the use of patient safety organizations and new forms of fraud and abuse liability.

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Description

Many hospitals and health systems pursue practice affiliation and alignment strategies with physician practices as an alternative to traditional purchase and employment transactions. Some of the more popular of these arrangements are leased practice agreements, PSAs, and MSAs.

The ultimate structure of these practice alignment arrangements can have operational, financial, and legal implications. Common affiliation arrangements may include clinical and administrative service arrangements, employee leases, equipment and space leases, acquisition of select assets, and various financial contracts consisting of RVU-based or collection-based payments, performance incentives, administrative mark-ups, and budgeted cost agreements, among others.

Hospitals, health systems, physician practices, and their counsel need to understand the regulatory requirements, including implications under the Stark Law, the Anti-Kickback Statute, and even the False Claims Act, as well as antitrust, HIPAA, and other applicable federal and state regulatory authorities, and must carefully evaluate critical economic considerations such as Medicare, Medicaid, and commercial payor billing and reimbursement rules when structuring these transactions.

Listen as our experienced panel of healthcare counsel examines structuring these practice arrangements and addresses essential contract terms for these transactions. The panel will discuss legal and regulatory concerns impacting the institution and ongoing administration of these agreements and fair market value issues. The panel will also offer insight into these arrangements from the hospitals' and physicians' perspectives.

Outline

  1. Employee leasing arrangements
  2. PSA/MSA arrangements: the practice lease
  3. Equipment leasing agreements
  4. Acquiring select assets, employing the group staff
  5. Financial and fair market value considerations: the value of the valuator
  6. Hospital/health system vs. physician/medical group perspective

Benefits

The panel will review these and other noteworthy questions:

  • What are the primary benefits of practice leasing agreements for hospitals and physician groups?
  • What are the critical first questions counsel must answer before drafting and negotiating practice leasing arrangements to achieve the benefits?
  • What Anti-Kickback Statute and Stark Law issues must practice leasing agreements address?
  • How should counsel address billing matters to preserve Medicare, Medicaid, and commercial payor reimbursements to hospitals and physician groups?