This CLE course will guide counsel to hospitals and physician groups on structuring and negotiating leased practice agreements, professional service agreements (PSAs), and management services agreements (MSAs). The panel will explain how healthcare providers can leverage the benefits and understand and overcome the legal challenges associated with these kinds of alignment models.
Many hospitals and health systems pursue practice affiliation and alignment strategies with physician practices as an alternative to traditional purchase and employment transactions. Some of the more popular of these arrangements are leased practice agreements, PSAs, and MSAs.
The ultimate structure of these practice alignment arrangements can have operational, financial, and legal implications. Common affiliation arrangements may include clinical and administrative service arrangements, employee leases, equipment and space leases, acquisition of select assets, and various financial contracts consisting of RVU-based or collection-based payments, performance incentives, administrative mark-ups, and budgeted cost agreements, among others.
Hospitals, health systems, physician practices, and their counsel need to understand the regulatory requirements, including implications under the Stark Law, the Anti-Kickback Statute, and even the False Claims Act, as well as antitrust, HIPAA, and other applicable federal and state regulatory authorities, and must carefully evaluate critical economic considerations such as Medicare, Medicaid, and commercial payor billing and reimbursement rules when structuring these transactions.
Listen as our experienced panel of healthcare counsel examines structuring these practice arrangements and addresses essential contract terms for these transactions. The panel will discuss legal and regulatory concerns impacting the institution and ongoing administration of these agreements and fair market value issues. The panel will also offer insight into these arrangements from the hospitals' and physicians' perspectives.
