Blog and News

Article written by: Laura Dyrda, Becker's ASC Review, October 10, 2019

HHS may make changes to the Stark Law and Anti-Kickback Statute that are intended to make it easier for healthcare providers to collaborate on value-based care arrangements.

Five things to know:

1. Under the proposed new rule issued by CMS, Stark Law would include value-based exceptions to acknowledge that the incentives for value-based care are different from volume-based care. The proposal includes safeguards to protect against overutilization, among other potential issues, but would give physicians and healthcare providers more flexibility... Read the full article here.


The Global Healthcare Services U.S. Healthcare Real Estate Outlook 2017 covers this year's trends in consolidation, need for capital, uncertainty with healthcare reform, value based care and consumerism as well as continued investment demand for acquiring healthcare assets. The healthcare industry continues to evolve, as it responds to the twin mandates of serving a growing patient population while controlling the rapid increase in the price of the services it delivers.

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Jeff Lagasse, Associate Editor | Healthcare Finance

If adopted, the bill would repeal sections of the ACA that, since 2011, prevented new physician-owned hospitals from participating in Medicare.

Shortly after Valentine's Day, Representative Sam Johnson, R-Texas, introduced a bill to the House of Representatives that put a spotlight on a contentious debate regarding the propriety of physician-owned hospitals. If adopted, the Patient Access to Higher Quality Health Care Act of 2017 would repeal sections of the Affordable Care Act that, since 2011, have effectively prevented new physician-owned hospitals from participating in the Medicare program.

Prior to the ACA, the "whole hospital" exception...

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Article Commentary Written by Garth Hogan, Executive Managing Director, Global Healthcare Services

After 2 decades, the Stark Law still has an impact on contracts between hospitals and physicians. With the original Stark 1 act passed in 1989 and revisions to the Stark II in 1995, hospitals and health systems have been held to a high standard of ethics, with regards to contracts and agreements between referring physicians. Real estate has always been a key factor in keeping the relationships at “arm’s length” and “at fair market value”.

Written by Ayla Ellison | Becker's Healthcare

Enacted more than two decades ago with the simple purpose of curbing physician self-...

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Written by Kelly M. Blumline, Hall Render, Victor H. McConnell, VMG Health and Andrew Dick, Hall Render

1. Repeal of the Affordable Care Act

On January 20, 2017, President Trump signed an executive order indicating “prompt repeal” of the Affordable Care Act (ACA) and instructed federal agencies to use “all authority and discretion available to them to waive, defer…or delay the implementation of any provision … that would impose a fiscal burden on any State or … individuals.” Republicans have made efforts to repeal the ACA since its enactment, but Congress has not yet acted in 2017 to make significant changes to the law. One may only speculate as to ...

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Written by Emily Rappleye | Becker's Healthcare Review

President Donald Trump signed an executive order Friday evening aimed at immediately lessening the economic burden of the ACA as Republican lawmakers work on a repeal and replacement plan.

Here are five things to know about the scope of the executive order.

1. The order offers broad guidance. It authorizes states and agencies to make changes "to the maximum extent permitted by the law," which is somewhat limiting. Not much can be done until the heads of the federal departments that oversee the ACA are officially appointed, according to Timothy Jost, a professor at Lexington, Va.-based Washington and Lee University School of Law. Mr. Jost wr...

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Article By Victor H. McConnell, VMG Health, and Andrew Dick, Hall Render Killian Heath & Lyman PC

Article Commentary Written by: Garth Hogan, Executive Managing Director, Global Healthcare Services Newmark

On or Off-Campus Premium? This discussion started years ago when hospitals started building off-campus outreach clinics to drive business back to the on-campus acute care facility. (hub and spoke) Rents for buildings located near the hospital have traditionally been higher than the off-campus facilities. It became a compliance discussion but the higher rates were usually driven by the medical office building owners maximizing asset value and no other purpose. Some of the obvious factors were...

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Published by: HALL RENDER

In recent years, increasing numbers of municipalities have asked health care entities that might otherwise be exempt from property taxes to enter into payment in lieu of taxes agreements (“PILOTs”). While most prevalent in the Northeast Region of the country, PILOTs are expanding in popularity nationwide as municipalities seek to expand their budgets by taxing some of the largest nonprofits in their districts, which include hospitals and universities. Health care entities that own real property should consider the following issues when evaluating whether to pursue a PILOT.

PILOTs Apply to Nonprofit and For-Profit Entities
PILOTs may take various forms, incl...

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Written by: Hall Render

Health care providers subject to the Stark Law and the Anti-Kickback Statute can face significant penalties for non-compliant arrangements. In the event that a provider discovers a potentially non-compliant arrangement, it may elect to disclose the arrangement to government officials in an effort to limit its liability. Potential Stark Law violations are often disclosed to the Centers for Medicare & Medicaid Services (“CMS”) using the Voluntary Self-Referral Disclosure Protocol (“SRDP”). Potential violations of the Anti-Kickback Statute or a combination of the Anti-Kickback Statute and the Stark Law are often disclosed to the Office of Inspector...

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Article Commentary Written by: Garth Hogan, Executive Managing Director of Global Healthcare Services, Newmark

As we see the Affordable Care Act (ACA) and continued implementation of reform, it’s no surprise that the existing Stark Laws are being challenged on Capitol Hill. A shift from “volume based” to “performance based” medicine has changed some of the usefulness of the original legislation directed at enforcement of not allowing self-referrals.

As a healthcare real estate specialist with over 2 decades of experience with Stark and transactions between physicians and hospitals, it’s interesting to see how the Stark challenges are also under examination a...

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