Health Care Leases: Structuring and Auditing for Compliance with the Stark Law and Fair Market Value Requirements

Duration: 60 Minutes
Instructor: Joseph Wolfe
Webinar Id: 803181


One Attendee
Unlimited Attendees ?


Several of the recent Stark Law cases and settlements have highlighted the risks of entering into flawed leasing arrangements.

In this webinar, Mr. Wolfe will discuss why these leases must satisfy a Stark Law exception, and why the rental rate paid must be at fair market value and on terms that are commercially reasonable. He will also discuss key features of effective and defensible physician leases.

The webinar will include practical strategies that healthcare executives can use to enhance the defensibility of these arrangements, including potential features of an organizational policy

Why you should Attend:
This webinar will prepare healthcare personnel to structure healthcare leases that address applicable regulatory and operational considerations.

Mr. Wolfe will discuss how to draft leases that qualify for an exception under the federal Stark Law and a safe harbor under the federal Anti-Kickback Statute, and also how hospital affiliations and environmental concerns may impact lease provisions, and more.

Areas Covered in the Session:

  • Provide a legal and regulatory overview (e.g., Stark, Anti-Kickback, etc.)
  • Examine critical components of compliant lease arrangements
  • Discuss best practices for drafting leases and the related financial terms
  • Review processes for documenting fair market value and commercial reasonableness
  • Discuss best practices for auditing existing leases and potential pitfalls
  • Review features of an organizational policy focused on leases with physicians' medical groups

Who Will Benefit:
  • In-House Counsel
  • Health Care Compliance Officers
  • Health Care Human Resources
  • Health Care CFOs
  • Health Care executives

Speaker Profile
Joseph Wolfe is an attorney with Hall Render, the largest healthcare-focused law firm in the country. Mr. Wolfe supports high-performing hospitals, health systems, medical groups, and other healthcare organizations nationwide on complex financial, legal, regulatory, and strategic issues both as a consultant and attorney, depending on the scope of support, client preference, and need. He is a frequent speaker for most of the national healthcare trade associations and has given over 200 in-person, web-based, and podcast presentations in recent years. He is the leader of Hall Render’s healthcare regulatory practice group and currently serves as the vice chair of educational programming for the American Health Law Association’s Fraud & Abuse Practice Group. He is licensed as an attorney in both Florida and Wisconsin.

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