QUESTIONS / ARRANGEMENTS
Is this arrangement legal?
A new partner wants a share of ancillary income. A hospital offers a medical director stipend. A company offers to manage your practice for a percentage. Each one can be fine, or can be a serious problem, depending on how it's built.
WHAT YOU’RE ASKING
Can we do this deal the way it's written, and if not, how do we fix it?
WHY IT MATTERS?
Federal law restricts referrals and payments in healthcare more than almost any other business. The Stark Law limits physician referrals for certain services to entities the physician has a financial relationship with. The Anti-Kickback Statute prohibits paying or receiving anything of value to induce referrals of federal healthcare program business. States add their own self-referral, fee-splitting and corporate practice rules.
Many common arrangements fit an exception or safe harbor, but only if specific requirements are met, usually in writing.
WHAT WE REVIEWE
Partner and shareholder agreements, including how ancillary income is divided
Compensation and bonus plans
MSO and management services agreements
Space, equipment and staff leases between referral sources
Medical director and consulting agreements
Marketing and patient referral programs
WHAT YOU LEAVE WITH
A clear explanation of the risks we found, the options to fix them, and revised documents. Where the law leaves room for judgment, we'll tell you so and explain the tradeoffs.
Free 30-minute consultation
Speak directly with a healthcare attorney Reza Ghafoorian, MD, JD. No charge and no obligation.