On March 26, 2004, the Centers for Medicare and Medicaid Services issued Phase II of its two-part regulations implementing the federal physician self-referral law or 'Stark Law.' The Phase II regulations, effective July 26, 2004, cover those parts of the Stark Law not covered by Phase I - ownership and investment exceptions, compensation arrangement exceptions and the Stark Law's reporting provisions. Phase II creates new flexibility for some arrangements and greater obstacles for others.
This conference is geared toward hospital executives, owners and medical directors of physician groups, and owners and executives of ancillary service management companies, free-standing diagnostic imaging centers, clinical laboratories and other ancillary service providers. The purpose of the conference is to offer attendees a practical understanding of the impact of the Phase II regulations on their businesses and existing financial arrangements.
- Financial arrangements among physicians and group practices
- Physician recruitment by hospitals
- Fair market value opinions for Stark financial arrangements
- Stark Law enforcement and whistle blower actions
- Financial arrangements under Florida law
9:00 a.m. - 9:15 a.m.
I. Welcoming And Opening Remarks
9:15 a.m. - 10:00 a.m.
II. Regulatory Background And Overview
A discussion of the background of the Stark Law and an overview of the Phase II regulations including
changes to the definition of 'group practice,' new reporting requirements and new exceptions.
10:00 a.m. - 11:00 a.m.
III. Financial Arrangements Among Physicians And Group Practices
A discussion of the changes made to the in-office ancillary services exception and its impact on group
practice ancillary service arrangements (e.g., diagnostic imaging, clinical laboratory, physical therapy,
etc.), as well as a discussion of key considerations and options for physician compensation (e.g.,
percentage and other formula based compensation arrangements).
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:00 p.m.
IV. Academic Medical Center Exception, Indirect Compensation Exception, And Bona Fide Employee
A discussion of changes made to the primary exception traditionally used by academic medical centers
and the teaching faculty's medical staff and potential new options for such arrangements.
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
V. Physician Recruitment And Other Financial Arrangements Between Hospitals And Physicians
A presentation of new obstacles and options for hospital recruitment of physicians and other key
financial arrangements among hospitals and physicians.
1:45 p.m. - 2:30 p.m.
VI. Fair Market Value Opinions For Stark Financial Arrangements
A discussion addressing when providers should obtain a fair market value opinion in connection with a
Stark implicated financial arrangement and the key issues providers face in receiving such opinion.
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 3:30 p.m.
VII. Stark Law Enforcement And Whistle Blower Actions
A case study of a whistle blower action and a presentation on the latest in enforcement actions against
hospitals and physicians.
3:30 p.m. - 4:00 p.m.
VIII. Washington Update
A discussion of the current status of certain legislation impacting health care providers including the
specialty hospital moratorium established by the Medicare prescription Drug and Modernization Act of
2003, whether nuclear medicine (i.e., PET) will become subject to Stark, and future predictions.
4:00 p.m. - 4:30 p.m.
IX. Financial Arrangements Under Florida Law
A discussion of certain Florida laws that impact financial arrangements among hospitals, physician
practices and other providers including the recently enacted Florida Health Care Clinic Act, as well as the
Florida Patient Self Referral Act, fee-splitting provisions, anti-kickback provisions, and the patient