Easing Frustrations with the Stark Law: CMS' Proposed Regulations

Led by the VIrginia MGMA in collaboration with the NY MGMA, PA MGMA, CT MGMA, and WV MGMA.

CMS proposed various changes to the Stark Law regulations last Fall to help ease some of the requirements for healthcare providers. Many of the proposed changes address value-based care models, but others address more practical concerns for today’s group practice provider. Attendees will learn about proposed changes to key terms and concepts—including commercial reasonableness, special rules on compensation, compensation that “takes into account” the volume or value of referrals, fair market value, the new limited remuneration exception and the special rule for productivity bonuses and profit shares.  Each of these could help provide groups with additional flexibility in structuring financial relationships with their physicians.

About the Speakers

Michael R. Newby
Partner, Hancock, Daniel & Johnson, P.C.

Mike Newby serves as a partner in the firm. His practice focuses on business, regulatory compliance and other transactional issues within healthcare law.

As providers continue to explore options to consolidate and affiliate, Mr. Newby has served as transaction counsel for hospitals, health systems and other providers in acquisitions, mergers, divestitures, member
substitution agreements, joint ventures and other types of affiliations. He has
provided on-site and virtual corporate or general counsel services for various
health system and association clients, with each engagement tailored to client
needs.

He regularly advises healthcare providers on various legal issues concerning
contract drafting and interpretation; contract management; tax exemption
issues; health reform; accountable care organizations; Medicare/Medicaid
reimbursement; managed care agreements; hospital/physician joint ventures
and alignment strategies; fraud and abuse issues; Stark law compliance;
self-disclosures; corporate governance; corporate compliance; mergers,
acquisitions and reorganizations; commercial real estate matters; corporate
insurance law; and day-to-day operational issues. Mr. Newby regularly advises
physicians, dental professionals and other healthcare professionals on various
employment contracts, buy-sell arrangements, corporate formation issues,
and other transactional matters.

Continuing Education Units

Earn up to 1.0 continuing education unit hours for each hour of education from the ACMPE, American College of Medical Practice Executives and up to 1.0 continuing professional educational credit hours for Certified Public Accountants for each hour of education from, The New York State Education Department, Professional Licensing Services. Our events are eligible for continuing education units as awarded by other professional associations. We recommend that you contact your professional association for their approval process.