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, Killian, Heath & Lyman, P.C., the largest health care focused law firm in the country. Mr. Wolfe provides advice and counsel to some of the nation's largest health systems, hospitals and medical groups on a variety of health care issues. He regularly counsels clients on a national basis regarding compliance-focused physician compensation and alignment strategies. He is a frequent speaker on issues related to the physician self-referral statute (Stark Law), hospital-physician transactions, physician compensation governance and health care valuation issues. Before attending law school at the University of Wisconsin, he served as a combat engineer in the United States Army.

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