| Halifax: A View from the Expert’s Seat
Program Type: VideoCast (Audio,Video, PPT Presentation)
Program Level: Advanced
Prerequisites: Good knowledge of topic and experience in the field.
Advanced Preparation: None
Delivery Method: Group Internet-Based
CPE Credits: Two (2) Hours
Fields of Study: Auditing—Governmental
Shipping Weight: 0lbs. 0oz.
Halifax Medical Center recently entered into a record-breaking $85 million settlement with the U.S. Department of Justice to resolve allegations it violated the False Claims Act by entering into employment agreements with medical oncologists and neurosurgeons that violated the Stark Law.
This case, following on the heels of Tuomey’s $237 million judgment for similar Stark violations, serve as cautionary tales for hospitals across the country as they continue to pursue integration arrangements with referring physicians.
Kathy McNamara, CPA, was the government’s expert witness in both the Tuomey and Halifax cases. In this webinar, Ms. McNamara will discuss her findings relating to the fair market value and commercial reasonableness of Halifax’s employment arrangements with its neurosurgeons.
Gabriel Imperato, Esq., counsel for Halifax Medical Center, will discuss the nature of the arrangements between the physicians and the hospital and the decisions of the Court related to compliance with the Federal Stark Law and Anti-Kickback Statute, including addressing fair market value and commercial reasonableness.
After completing this webinar, attendees will be able to:
- Describe the case background and specific issues which were addressed by the court
- Summarize Ms. McNamara’s positions taken in the case and which led to her findings
- List methodologies Ms. McNamara used to assess the value of the employment arrangements
- Associate lessons learned and best practices related to fair market value and commercial
- Identify what these recent legal developments mean for assessing the legality of future arrangements between hospitals and physicians
Who Should Attend
Appraisers, attorneys, CPA's, CEO's, compliance professionals, consultants
Gabriel L. Imperato, Esq, CHC (Certified in Health Care Compliance)
Mr. Gabriel L. Imperato is the Managing Partner of Broad and Cassel’s Fort Lauderdale office and Co-Chair of the Firm’s White Collar/Health Care Criminal and Civil Fraud Practice. He has practiced health care law in both the public and private sectors for over thirty years and is Board Certified as a specialist in health law by the Florida Bar. He is also Certified in Healthcare Compliance and currently is President of the Board of Directors of the Society of Corporate Compliance and Ethics and the Health Care Compliance Association.
Mr. Imperato’s personal area of practice involves the representation of individuals and organizations accused of criminal and civil health care fraud and handling compliance matters for health care organizations. Prior to joining Broad and Cassel, Mr. Imperato was the Deputy Chief Counsel, Office of the General Counsel, United States Department of Health and Human Services, where he advised and represented various agencies of the Department of Health and Human Services, including the Center for Medicare and Medicaid Services, the Public Health Service, the Social Security Administration and the Office of the Inspector General.
Mr. Imperato has extensive criminal and civil trial and appellate experience in administrative, state and federal courts and has personally handled leading national cases concerning criminal and civil health care fraud and abuse and health care law and policy. He has also handled numerous matters involving the formation of integrated delivery systems and managed care organizations. He is considered a national expert on health care fraud and abuse and compliance and regulatory matters and is a frequent lecturer on these topics. He is a member of the Illinois, Florida and District of Columbia Bars, the American Health Lawyers Association, the Health Law Section of the Florida Bar, The American Bar Association White Collar Crime Committee and the Subcommittee on Health Care Fraud where he has been the Chairman of the Planning Committee of the American Bar Association’s Annual Health Care Fraud Institute since 1995.
Mr. Imperato was a long time member of the now dissolved American Academy of Hospital Attorneys, where he was Chairman of the Reimbursement and Payment Committee and the Health Care Reform Task Force.