Understanding the Recent Changes to the Stark Law Regulations: What Lies Ahead in 2016 and Beyond
As Centers for Medicare and Medicaid Services (CMS) amends the Physician Self-Referral Law and the regulations promulgated thereunder (the “Stark Law”) from time to time, it is imperative for health care providers to keep themselves informed of the impact of those changes on their overall compliance. In November 2015, CMS released the 2016 Medicare Physician Fee Schedule final rule (the “2016 Final Rule”) which primarily “updates the physician self-referral regulations to accommodate delivery and payment system reform, to reduce burden, and to facilitate compliance.”
Health care providers and other stakeholders should assess the 2016 Final Rule carefully because any change to the Stark Law affects the structure of existing physician arrangements and considerations in entering into future physician arrangements.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders will help health care providers and other industry participants understand the Final Rule and other recent developments to the Stark Law. They will offer best practices in developing and implementing effective strategies for complying with current Stark Law issues and will provide the audience with discussion on the future of Stark Law and related upcoming compliance issues.
Key topics include:
- The 2016 Medicare Physician Fee Schedule Final Rule
- Implications of the Final Rule
- Risks and Pitfalls
- Best Compliance Practices
- Regulatory Forecasts on Possible Stark Law Revamp/Repeal
Rose Willis, Member
Dickinson Wright PLLC
Serene K. Zeni, Of Counsel
Dickinson Wright PLLC
Jack L. Caynon, III, Special Counsel
Sussman Shank LLP
- A discussion of the background and perceived need for additional revisions to the Stark Law.
- How the 2016 Final Rule clarifies and adds exceptions to the Stark Law to reduce burdens on providers, and how it seeks to define and create avenues to facilitate and ensure compliance. Specifically, we will discuss the changes made to the Stark Law relating to the following:
- The recruitment of Nonphysician Practitioners and recruitment by FQHCs and Rural Health Clinics
- Retention Payments in Underserved Areas
- The Writing, Term, and Holdover Provisions
- Definitions of Remuneration, “Stand in the Shoes” and Locum Tenens Physicians
- Ownership of publicly traded securities
- Timeshare Arrangements
- Situations involving Temporary Noncompliance with Signature Requirements
- Physician Owned Hospitals
- Review of current “best practices” relating to the recent changes.
- Review of CMS’ official solicitation of comments relating to Physician Compensation and what that means for physicians.
- The impact the Final Rule might have on industry stakeholders and an identification of steps to be taken by such stakeholders in light of the 2016 Final Rule
- Did the Final Rule actually achieve its goals?
- Parallel reform to payment systems and how the 2016 Final Rule was designed to accommodate such reform.
- How the 2016 Final Rule modifies our perspective on the Stark Law and the role it will play as payment systems advocate for integration and performance.
Who Should Attend:
- Healthcare Law Attorneys
- Healthcare Organizations (Financial Reporting & Accounting)
- Healthcare Service Providers
- Hospital Executives (Finance, CFOs, General Counsel and Related)
- Medical Directors
- Health Insurance Companies
- Healthcare Finance Executives
- Finance Lawyers
Rose’s practice focuses entirely on the legal representation of participants in the healthcare industry. She is a frequent speaker at regional and national healthcare conferences, and has written extensively, on top legal issues faced by participants in the healthcare industry. Her clients represent a broad spectrum of the industry, including for example, hospitals, physicians and physician practices (single and multi-specialty), urgent care facilities, physical therapy providers, dentists, ambulatory surgical centers, laboratories, pharmacies, adult foster care facilities, long-term care facilities, and other businesses that are part of the health care system.
Specialties: Compliance & Operations, Stark & Anti-Kickback, Certificate of Need & Licensing, Billing & Audits/Fraud & Abuse, HIPAA/HITECH/EHRs Privacy, HIPAA/HITECH/EHRs Security, Acquisitions & Dispositions, Creation & Governing Documents, Contract Drafting, Joint Ventures, Equipment Acquisition & Leasing, Buy & Sell Transaction Funding, Employment & Labor Matters, Governance & Contract Disputes, Accountable Care Organizations, Reimbursement.
Rose’s practice focuses entirely on the legal representation of participants in the healthcare industry. She is a frequent speaker at …
Serene K. Zeni is Of Counsel in Dickinson Wright’s Troy, Mich. office. She counsels health professionals and organizations in the development, establishment and maintenance of quality, risk management, and compliance programs in a variety of settings. Her clients seek her assistance in an array of matters whether it is simple contract review and negotiation to aiding an entrepreneur in the health field in establishing and structuring a new organization. Serene also has extensive experience in administrative law matters whether it is defending a professional’s license against state prosecution or addressing controversies with state and federal agencies. Serene is a member of the American Health Lawyers Association and the Health Law Section of the State Bar of Michigan. She received her B.A. from the University of Michigan, her J.D. from Wayne State University Law School, and her LL.M. in Health Law and Policy from Loyola University School of Law.
Serene K. Zeni is Of Counsel in Dickinson Wright’s Troy, Mich. office. She counsels health professionals and organizations in the …
Jack is Special Counsel and a member of the firm's Health Care Group and Business Group. He focuses his practice on health care law and all areas of corporate transactions.
Jack is a seasoned health law attorney, with over 20 years’ experience serving in various in-house, senior-level legal positions within the health care industry. Most recently he was a partner and co-chair of Mirick O’Connell’s Health Law Group. Prior to that he was Vice President and General Counsel for Salem Health in Salem, Oregon, a $700 million integrated health system. At Salem Health, Jack was responsible for managing all legal affairs as well as having oversight over its Corporate Compliance department. He drafted and approved contracts, managed the use of Salem Health’s external legal service providers, served as the liaison to regulatory agencies, and provided counsel on all legal matters. Jack has held similar positions at Southcoast Health System in New Bedford, MA, Children's Hospital of the King's Daughters in Norfolk, VA, and Roper Care Alliance in Charleston, SC.
He currently advises health care clients on regulatory, fraud, abuse, and compliance issues to ensure that contracts, affiliation and coordination agreements, and other business arrangements meet both federal and state statutory and regulatory requirements. Jack also advises clients on complying with the Stark Law, Anti-Kickback Statute, and HIPAA. He also counsels clients with regard to Medicare and other payor issues, physician and medical staff matters, and Accountable Care Organizations.
Jack represents a broad range of healthcare providers, including medical and osteopathic doctors; psychologists, nurses, dentists, and other allied health professionals; and complementary and alternative medicine practitioners such as chiropractors, acupuncturists, and massage therapists. His clients include hospitals, healthcare educational institutions, health insurance organizations, telemedicine providers, and entrepreneurs in the health, wellness, and lifestyle industries.
Whether advising start-ups or established companies, he brings his entrepreneurial spirit and caring insight to cutting-edge legal and regulatory challenges.
Jack is Special Counsel and a member of the firm's Health Care Group and Business Group. He focuses his practice …
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Method of Presentation:
Experience in health care law
NASBA Field of Study:
Specialized Knowledge - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Dickinson Wright PLLC
Dickinson Wright PLLC is a general practice business law firm with more than 425 attorneys among more than 40 practice areas. Headquartered in Detroit and founded in 1878, the firm has seventeen offices, including six in Michigan (Detroit, Troy, Ann Arbor, Lansing, Grand Rapids, and Saginaw) and ten other domestic offices in Austin, Texas; Columbus, Ohio; Ft. Lauderdale, Fla.; Lexington, Ky.; Nashville, Tenn. (2); Las Vegas, Nev.; Phoenix, Ariz.; Reno, Nev.; and Washington, D.C. The firm’s Canada office is located in Toronto.
As one of the few law firms with ISO/IEC 27001:2013 certification, the firm offers clients a distinctive combination of superb client service and exceptional quality. Dickinson Wright lawyers are known for delivering commercially-oriented advice on sophisticated transactions and have a remarkable record of wins in high-stakes litigation. Dickinson Wright lawyers are regularly cited by Chambers, Best Lawyers, Super Lawyers and other leading independent firm evaluating organizations.
About Sussman Shank LLP
Founded in 1960 in Portland, Oregon, Sussman Shank is a full-service business, litigation, and commercial bankruptcy law firm with over 30 lawyers. Our clients include public and private companies, government entities, institutions, non-profit organizations, and individuals. While we are based in the Pacific Northwest, we frequently represent clients in court proceedings and business transactions throughout the country. In 2016, Oregon Business Magazine named Sussman Shank as one of the "100 Best Companies to Work for", and one of the "100 Best Green Workplaces in Oregon."