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Lexis Nexis AHLA The Stark Law: Comprehensive Analysis and Practical Guide (Non-Members)
The Stark Law: Comprehensive Analysis + Practical Guide provides practical guidance for advising clients on complying with the Stark regulations.
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This completely updated, revised, and significantly expanded new edition of The Stark Law: Comprehensive Analysis and Practical Guide is not just a summary of the law. It remains an in-depth critical analysis of Stark Law authority, interpretation, and enforcement. Sharing a wealth of insight, the authors provide an analytic overview to assessing Stark Law compliance questions, before addressing the legal effect of the regulations and the regulatory process, and analyzing the implications of various federal cases and enforcement activity. Throughout the book, they include practical guidance for advising clients on complying with the current state of the law and regulations, as well as a look at what future direction the law might take. The authors highlight themes that emerge in the regulations, identify key definitions and interpretive changes, illuminate problem areas, and suggest guidance for navigating each of them.
New developments on fundamental issues are addressed in this Seventh Edition, including commercial reasonableness, taking into account the volume or value of referrals or other business generated, and fair market value. The authors expand their analysis on recent areas of focus, including two new chapters on curing temporary noncompliance and new exceptions for value-based arrangements.
Continuing areas of concern are also considered in detail, with the benefit of updated analysis. The authors address physician recruitment concerns and detail the evolution in CMS’s view of the acceptability of percentage-based compensation, the continuing debate over specialty hospitals, and the viability of gainsharing and clinical co-management arrangements. Other coverage in this concise and comprehensive work includes models for Stark-compliant physician joint ventures, group practices and their applicable exceptions, developments in the area of self-disclosure, and more.
The ISBN for the 6th Edition was 9781522170327.
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Published November, 2021
Featured Authors
Charles B. Oppenheim
Amy M. Joseph
Benjamin A. Durie
Charles B. Oppenheim
Charles B. Oppenheim, Esquire, is a principal in the Los Angeles, CA office of Hooper, Lundy & Bookman, P.C., and has been practicing health law for more than 30 years. His practice includes all aspects of transactional, operational, and regulatory health care law, including acquisitions, joint ventures, and integrated delivery systems.
Mr. Oppenheim is a nationally recognized expert on anti-kickback and Stark Law issues, and has served as an expert on them in arbitration and litigation, in both civil and criminal proceedings. He is a frequent lecturer on Stark Law developments, as well as other health care law subjects. He has served as a guest lecturer at the UCLA School of Law, Loyola Law School, and at the UCLA School of Public Health. He is a past Chair of the Health Law Committee of the Business Law Section of the State Bar Association of California and a past President of the Healthcare Law Section of the Los Angeles County Bar Association.
Mr. Oppenheim is a member of the American Health Law Association and the California Society for Healthcare Attorneys, and donates time and legal services to a number of Los Angeles area charities. He is listed in Best Lawyers in America, Who's Who in American Law, and Who's Who in America. He is included in the Guide to the Leading U.S. Healthcare Lawyers, is identified by Chambers as an outstanding California health law attorney, and has repeatedly been named one of Los Angeles Magazine’s Southern California Super Lawyers.
Amy M. Joseph
Amy M. Joseph, Esquire, is a partner in the Boston, MA office of Hooper, Lundy & Bookman, P.C. Ms. Joseph advises a wide variety of health care providers on business and regulatory matters, including for-profit and nonprofit health systems, health care information technology companies, management organizations, and physician groups. A significant portion of her practice is focused on fraud and abuse compliance, including counseling and advice regarding compliance of potential business structures with federal and state anti-kickback and self-referral laws, as well as assistance with internal investigations.
Ms. Joseph served as one of the original members on the Women's Leadership Council of the American Health Law Association (AHLA) and is currently on the program planning committee for the AHLA Academic Medical Centers and Teaching Hospitals Law Institute.
Benjamin A. Durie
Benjamin A. Durie, Esquire, is a partner in the San Francisco, CA office of Hooper, Lundy & Bookman, P.C. His practice includes health care related business transactions and general corporate representation for health care entities, including structuring contracts between hospitals and physicians, fraud and abuse compliance issues, and the purchase and sale of health care facilities. Mr. Durie specializes in hospital mergers and acquisitions and Stark-related compliance issues, including self- disclosures for hospitals and hospital chains. Mr. Durie is a member of the American Health Law Association and is currently on the Board of Directors of the California Society for Healthcare Attorneys.
Table of contents
Recent Titles from American Health Law Association
Preface
Acknowledgments
About the Authors
About the American Health Law Association
Chapter 1 Introduction and Background
Chapter 2 Overview of Analytic Framework and Key Themes
Chapter 3 Key Definitions and Interpretations
Chapter 4 Temporary Noncompliance and Curing Imperfect Performance
Chapter 5 Ongoing Challenges and Recurring Questions
Chapter 6 Analysis of Group Practices
Chapter 7 Value-Based Arrangements and Care Coordination
Chapter 8 Permissible Joint Ventures
Chapter 9 Addressing Potential Violations and Current Enforcement Activity
Chapter 10 Proposed Solutions to "Intractable" Stark Problems
Chapter 11 Practical Tips for Preventing Violations
Chapter 12 The Future of the Stark Law
Appendix A: Prohibitions on Self-Referral by State
Index
