The value-based Anti-Kickback Statute safe harbors and Physician Self-Referral exceptions are some of the most significant rulemaking related to these laws in years. Jennifer Michael, Member, Bass Berry & Sims, and Tony Maida, Partner, McDermott Will & Emery, discuss the background behind the rulemaking and some of the issues they are seeing around value-based arrangements. Jennifer and Tony are speaking at AHLA’s upcoming 2023 Fraud and Compliance Forum in Baltimore, MD.To learn more...

Value-Based Arrangements and Navigating the Fraud and Abuse Laws

The American Health Law Association (AHLA) is the largest nonprofit, nonpartisan educational organization devoted to legal issues in the health care field with nearly 14,000 members. As part of its educational mission, AHLA's Speaking of Health Law podcasts offer thoughtful analysis and insightful commentary on the legal and policy issues affecting the health care system.                                                                                                                                                                                                                                                                                                                                                                                   AHLA is committed to ensuring equitable access to our educational content. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you experience accessibility issues, please contact accessibility@americanhealthlaw.org.

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Douglas Mancino, Partner, Seyfarth Shaw LLP, and Ruth Madrigal, Principal, KPMG, discuss recent tax-related developments in the health care space. They cover 501(r) compliance, the 4960 excise tax on compensation in excess of $1 million, criticisms that have been levied against tax-exempt health care organizations, and Inflation Reduction Act tax credits related to clean energy investments. Douglas co-authored the third edition of AHLA’s Taxation of Hospitals and Health Care Organizations.Wat...

Recent Health Care Tax-Related Developments

Joseph Miller, Co-Chair, Antitrust Practice, Mintz Levin, and Holden Brooks, Partner, McGuireWoods, discuss recent developments in the health care antitrust space. They cover the DOJ’s health care monopolies task force, private equity in health care, Hart-Scott-Rodino changes, the FTC’s final rule on non competes, state statutes, Indiana’s pre-transaction review law, and entrenchment in the health care market. Joseph and Holden spoke about this topic at AHLA’s 2024 Advising Providers: Legal S...

Antitrust Enforcement in the Biden Administration: What Health Care Counsel Needs to Know

Christopher P. Kenny, Partner, King & Spalding LLP, and Christina A. Hughes, Counsel, Powers Pyles Sutter & Verville PC, discuss some of the key issues related to provider-based status. They cover challenges related to the public awareness, notice of co-insurance, and distance requirements; and the difference between billing something as “provider-based” versus "under arrangement." Christopher and Christina spoke about this topic at AHLA’s 2024 Institute on Medicare and Medicaid Payme...

Provider-Based Status: Benefits and Challenges

Omenka Nwachukwu, Principal Consultant, Clearwater, speaks with Robert Kantrowitz, Partner, Kirkland & Ellis, about the key issues surrounding health care data privacy and the various points of intersection from a regulatory standpoint. They discuss challenges related to inferential data and de-identified data, federal and state privacy laws, the recently proposed American Privacy Rights Act and its implications for the health care sector, risks for health care organizations that share an...

The Patchwork That Is U.S. Health Care Data Privacy

Joe Wolfe, Attorney, Hall Render Killian Heath & Lyman PC, speaks with Charles Oppenheim, Partner, Hooper Lundy & Bookman PC, about trends, updates, reforms, and developments related to the Stark Law. They discuss the history of Stark and recent reforms, how both new and experienced lawyers can approach Stark, practical applications of the 2021 changes, and best practices for analyzing financial arrangements and creating compliance processes. Charles is the author of the supplement to...

Value-Based Arrangements and Navigating the Fraud and Abuse Laws

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