Structuring and Auditing Physician Employment Agreements: Key Legal Considerations
Duration: 60 Minutes
In this session Mr. Wolfe will provide an overview of the Stark Law, including its 2016 changes. He will also discuss best practices for negotiating and drafting employment agreements on behalf of health systems, hospitals, medical groups and physician practices. The webinar will focus on regulatory requirements, key provisions, valuation considerations and potential pitfalls that should be avoided.
Objectives of the Presentation
Why Should you Attend
- Provide a general Stark Law overview
- Examine critical components of Stark compliant employment arrangements
- Discuss best practices for drafting employment agreements and the related financial terms
- Describe best practices for auditing employment agreements
- Review processes for documenting fair market value and commercial reasonableness
- Discuss best practices for auditing existing arrangements and potential pitfalls
As health care organizations and physicians develop employment arrangements, they must manage their compliance and enterprise risk by ensuring the employment is defensible under the Stark Law.
Prior to moving forward with any employment arrangement, the parties should carefully evaluate whether the proposed structure and financial terms support compliance with Stark's technical requirements and key tenets of defensibility so they will be prepared to mount a defence in the event the arrangement is ever challenged.
This webinar will focus on the Stark Law's underlying technical requirements and key tenets of defensibility as they apply to physician employment arrangements.
Who will Benefit
- In-House Counsel
- Health Care Compliance Officers
- Health Care Human Resources
- Health Care CFOs
- Health Care executives
In recent years, the health care industry has seen unprecedented levels of physician employment. Structuring employment arrangements appropriately and periodically auditing implementation are critical in today's challenging enforcement climate. Compliance with the Stark Law has become more than just a compliance issue. It is an Enterprise Risk Management issue, as the substantial awards and settlements in recent enforcement actions indicate. Managing their compliance and enterprise risk by ensuring that their physician employment arrangements are defensible under the Stark Law is now imperative for medical groups, hospitals, and health systems that seek to switch to more innovative compensation structures.