Stark, Anti-kickback, and Private Inurement - Finding flexibility in what hospitals are allowed to do and how they can do it


In this Presentation:

*Stark Act

*Designated Health Services

*New CMS Stark Regulations

*Definition of DHS Entity

*Physician Owners “Stand in the Shoes” of Their Physician Organizations in Relation to DHS Entities

*Prohibition Against Unit-of-Service or “Per Click” Payments

*Prohibition Against Percentage-Based Compensation for Rental of Office Space and Equipment

*“Set in Advance” and Amendments to Agreements

*The Anti-Kickback Statute

*Private Inurement

*Private Benefit

*Physician Recruitment and Retention – General Rule Under Stark

*Physician Recruitment and Retention – New, Revised and Additional Standards

*Physician Recruitment and Retention –

New, Revised and Additional Standards

*Other Changes Under Stark II, Phase III

*Physician Recruitment – IRS Standards

*Call Compensation: Two OIG Advisory Opinions

*09-05 Does Not Trump 07-10

*Lost Opportunity Payments

*A Few Words on FMV

*Background on 07-10

Please see full presentation below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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