Beard Audio Conferences

New Stark Law Modifications

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Hosted By : Beard Group Law & Business Publishers and Nightingale's Healthcare News

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New Stark Law final regulations published August 19 by CMS continue to revise and expand the prohibition on physician self-referrals.

Some of the new rules take effect October 1, 2008. Moreover, several new rules significantly differ from earlier proposals. Most of the changes further limit physicians’ ability to keep investment interests and compensation arrangements with entities to which they make DHS referrals.

What’s been changed – and what’s been deferred? Purchase this Audio CD (recorded September 2008) from the Stark Law Modifications Audio Alert and let two of the nation’s leading healthcare attorneys – along with senior CMS representatives Donald Romano and Lisa Ohrin – explain the new rules, answer your questions, and get you and your colleagues up to speed on all the latest changes. You’ll examine –

• New prohibitions on Per-Click Payments for lessor referrals to lessee DHS providers
• Percentage-Based Compensation prohibitions and applications to Space and Equipment Leases and Fair Market Value
• New CMS limits for “Under Arrangements” Services – impact on future hospital-physician ventures
• Practical guidance for reviewing and unwinding potentially non-compliant arrangements
- How physician owners, but not employees, must "Stand in the Shoes" of their physician organizations in relationship to DHS entities

Speaker(s):

	Donald H. Romano Centers for Medicare and Medicaid Services (CMS)
Donald Romano is the Director of the Division of Technical Payment Policy within the Center for Medicare Management, Centers for Medicare & Medicaid Services (CMS). His division is responsible for, among other areas, the agency's administration of the Stark law. Previously, he was a Senior Attorney in the Office of the General Counsel, CMS Division, in which he had litigation, program advice and program integrity responsibilities. He received his J.D. from the University of Baltimore in 1984, and his undergraduate degree in Music Performance from Towson State University in 1977. He is a member of the Maryland and Massachusetts bars.
	Hayden S. Wool Garfunkel, Wild & Travis, P.C.
Hayden S. Wool is a partner at Garfunkel, Wild & Travis, P.C., where his practice includes the structuring of hospital-physician relationships, physician group relationships, review of the structure of business transactions, and issues regarding proper reimbursement for healthcare activities. He has particular expertise in the application of federal and state laws governing self-referral (Stark Law), anti-kickback, fee-splitting, and professional misconduct.
	Lisa Ohrin Centers for Medicare and Medicaid Services (CMS)
Lisa Ohrin has practiced health law for 13 years in a variety of settings and specialties. She currently is the Director of the Division of Technical Payment Policy within the Center for Medicare Management at CMS. This division is responsible for developing policy and regulations related to the physician self-referral law, issuing advisory opinions regarding the same, overseeing enforcement of Medicare-approved transplant centers, and handling a variety of statutory and regulatory Medicare payment issues. Previously, Lisa worked for an integrated hospital system, national long term care provider, private law firm, the University of Maryland School of Law, and a Harvard teaching hospital, where she focused primarily on Medicare reimbursement issues. In addition to her health law practice, Lisa teaches law school courses and seminars on general health care law, the physician-patient relationship, Medicare law, long term care law, and the practice of health law.
	Steven J. Chananie Garfunkel, Wild & Travis, P.C.
Steven J. Chananie is a partner at Garfunkel, Wild & Travis, P.C., and the head of the firm’s Compliance and White Collar Defense Practice Group. In his practice, he represents many health care providers, helping them to set up comprehensive compliance programs and advising them on regulatory and fraud and abuse issues. His clients include hospitals, faculty practice plans, laboratories (both independent and hospital-based), physician practices, nursing homes, and home health agencies.

New Stark Law Modifications


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