Tim Reimers’ Post

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Partner at Sheppard Mullin Richter & Hampton LLP

More from Day 3 at the #AHLA Healthcare Transactions Conference. Session - What's Old is New Again: Hospital/Physician Affiliation Models in an Age of Private Equity shed light on pivotal trends reshaping healthcare affiliations. Key takeaways from the presentation and supplemental materials: Private Equity's Role: The session underscored private equity's attraction to healthcare due to its unique economics, scalability, and the vast potential for operational efficiencies. This interest forms a backdrop against which hospitals and physicians navigate their affiliations, fostering a climate ripe for innovative models. Alignment Models Explored: A variety of alignment models were discussed, including Clinical Co-Management/Administrative Services Agreements, Gainsharing, Recruitment, Medical Director, and Management Services Agreements, each with its own set of benefits and challenges. The Master Affiliation Agreement (MAA) was highlighted as a flexible framework that accommodates evolving partnerships. Guiding Principles and Legal Framework: Critical to these discussions were the guiding principles for business owners and legal parameters for healthcare counsel. Emphasis was placed on ensuring that payments to physicians are for bona fide services, meet fair market value (FMV), and avoid any potential conflicts with regulations such as the Stark Law and Anti-Kickback Statute. Commercial Reasonableness and Red Flags: A valuable part of the session focused on the importance of commercial reasonableness and identifying potential legal red flags in affiliation arrangements. This discussion is crucial for navigating the complexities of healthcare transactions while ensuring compliance and ethical practices. #HealthcareLaw #AHLAConference #PrivateEquity #HealthcareInnovation

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