Vertical Integration in Healthcare Transactions: Mitigating Risks and Creating Firewalls
Fraud and Abuse, Corporate Practice of Medicine, Conflicts of Interest, Antitrust, Data Sharing

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Wednesday, April 28, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide counsel on vertical integration in the healthcare industry. The panel will review the legal risks of vertical integration that arise from fraud and abuse to corporate practice of medicine and conflicts of interest. The panel will discuss the key considerations when creating firewall structures and offer best practices for vertical integration.
Faculty

A former healthcare corporate counsel, compliance, and privacy officer for a publicly traded healthcare company, Mr. Slavkin represents a variety of clients within the healthcare sector, providing guidance on complex issues and compliance with all appropriate federal and state statutes and regulations. These include federal anti-kickback, Stark laws, Medicare, Medicaid, HIPAA, and FDA regulations, as well as providing guidance on daily operational and compliance issues facing healthcare entities. Mr. Slavkin has significant experience with the Affordable Care Act and the ever-evolving role accountable care plays in U.S. health reform. Maintaining a robust thought leadership presence, he conducts frequent lectures throughout the U.S. on a wide array of healthcare issues, including compliance and development of compliance programs under the federal requirements, HIPAA matters, and other relevant issues.

Companies seeking antitrust clearance for their mergers and acquisitions, or that are parties or third parties in investigations and litigation launched by the FTC, the Antitrust Division of the DOJ, or state attorneys general, turn to Mr. Gilman for experienced and effective antitrust counsel. He leverages years of experience at the FTC, including three years as head of a merger division, to represent clients in a broad range of antitrust and competition matters, including antitrust diligence and deal negotiations, merger reviews and clearances, government investigations, Hart-Scott-Rodino and foreign merger notifications, civil conduct matters, general antitrust compliance, trade association counseling, and antitrust litigation. Mr. Gilmanʼs practice has a particular focus on representing merging parties and third parties in merger investigations by the FTC, DOJ, and state attorneys general. He brings significant prior government experience and knowledge to his client work, having joined the firm after seven years at the FTC, where, as assistant director, he led the 30-attorney Mergers IV Division and worked on some of the agencyʼs highest-profile matters.
Description
In the healthcare industry, vertical integration occurs when, for example, a hospital acquires physician practices, or health plans acquire a pharmacy benefit manager, creating an expansion up or down the service chain beyond the organization's current offerings. The healthcare industry has seen an increase in vertical integration. However, when organizations integrate vertically to increase their service offerings, they face additional risks, including antitrust, fraud and abuse, corporate practice of medicine, and conflicts of interest.
Healthcare counsel and organizations must remain vigilant to mitigate these risks. For example, to reduce the risk of Stark violations, they must ensure that referrals for certain services are part of an enumerated exception and not the basis for physician compensation. If a physician has ownership in a vertically integrated service, that ownership must be carefully structured to comply with the Stark Law.
If there are actual or perceived conflicts of interest, firewalls must be put in place to reduce the risks associated with these conflicts of interest. Firewalls will also mitigate data sharing risks among the groups in the vertically integrated organization.
Listen as our authoritative panel of healthcare attorneys examines vertical integration and the potential legal risks that arise from fraud and abuse to corporate practice of medicine. The panel will discuss the key considerations when creating firewall structures and offer best practices for vertical integration.
Outline
- Vertical integration: considerations
- Legal risks
- Fraud and abuse
- Corporate practice of medicine
- Data sharing
- Antitrust
- Conflicts of interest
- Creating firewalls
- Best practices for vertical integration
Benefits
The panel will review these and other key issues:
- What are the essential considerations for healthcare organizations considering vertical integration?
- What legal risks will healthcare organizations face when increasing service offerings through vertical integration?
- What steps should healthcare counsel take to mitigate the risks associated with vertical integration?
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