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You are here > Home > Reading Lists > Law & Compliance > Hospital Joint Ventures Legal Handbook

Hospital Joint Ventures: Legal Handbook
Max Reynolds

Hardcover: 234 pages
ISBN 0763747793
9780763747794
Jones & Bartlett
March 2004
Price: $98.95

 

This book provides comprehensive treatment of each distinct body of federal law governing hospital joint ventures. It contains separate chapters on the various types of laws, including health care fraud and abuse, antitrust, securities, and Medicare certification and enrollment. Each chapter details an overview of the particular body of law and an analysis as to how the body of law affects hospital joint ventures.

With hospitals maintaining their lowest operating margins in over a decade, and with one third of them maintaining negative operating profits, joint venturing with one another and with physician groups is a fiscal necessity. However, these ventures are fraught with legal risks. Hospital joint ventures implicate a variety of federal laws, including those related to fraud and abuse, restrictions on tax exempt institutions, anti-trust restrictions, and the issuance of securities.

This essential book summarizes the pertinent federal laws implicated by joint ventures, identifies risks, and presents strategies by which hospital executives can structure and operate joint ventures which meet their business objectives while minimizing compliance concerns.

You are also provided with additional chapters which integrate the laws that govern hospital joint ventures and and describes what steps must be taken to ensure compliance with these laws throughout the various steps in implementing a joint venture. Separate chapters address compliance requirements when selecting investors, structuring the joint venture and operating the joint venture. Coverage in this book includes:

  • Overview
    • The Growth of Hospital Joint Ventures
    • This Work
  • Federal Fraud and Abuse Laws Governing Hospital Joint Ventures
    • Introduction
    • Anti-Kickback Law
    • The Stark Law
    • Exclusion Law
  • Federal Tax Laws Governing Hospital Joint Ventures
    • Introduction
    • Preservation of Exempt Status
    • Unrelated Business Income Tax
    • Restrictions on the Use of Tax Exempt Bond Proceeds
    • Intermediate Sanctions
  • Federal Antitrust Laws Governing Hospital Joint Ventures
    • Introduction
    • Application to Hospital Joint Ventures
  • Federal Securities Laws Affecting Hospital Joint Ventures
    • Introduction
    • Overview of Federal Securities Law
    • Application to Hospital Joint Ventures
  • Medicare Certification & Enrollment
    • Introduction
    • General Provisions
    • Application to Hospital Joint Ventures
  • Selecting Investors
    • Introduction
    • Fraud & Abuse Compliance
    • Tax Compliance
    • Antitrust Compliance
    • Securities Compliance
  • Structuring the Joint Venture
    • Introduction
    • Fraud & Abuse Compliance
    • Tax Compliance
    • Antitrust compliance
    • Securities Compliance
  • Operating the Joint Venture
    • Introduction
    • Fraud & Abuse Issues
    • Tax Compliance
    • Antitrust Compliance
    • Medicare Certification

Max M. Reynolds is an attorney in the Health Law Department, resident in McDermott, Will & Emery's Washington, D.C. office.  He concentrates his practice on regulatory counseling and fraud and abuse corporate compliance. Mr. Reynolds regularly counsels acute care hospitals, medical practices, nursing facilities and other health care providers on regulatory issues, including Medicare coverage and reimbursement, health care fraud and abuse compliance, and licensure and accreditation.  He has advised providers on a variety of issues, including those regarding EMTALA, exemption from and the requirements of various Medicare prospective payment systems and fee schedules, establishment of a "hospital within a hospital," securing provider-based status for off-campus facilities, consolidated billing, Medicare coverage of various diagnostic services and CLIA requirements governing clinical laboratory services.

Mr. Reynolds also represents hospitals, physicians, medical equipment suppliers, and pharmaceutical companies on fraud and abuse compliance matters, including analysis of business ventures, commercial strategies, compensation arrangements, gainsharing and recruitment and retention of practitioners.  In addition, Mr. Reynolds represents providers in qui tam actions as well as federal investigations and audits and drafts corporate compliance programs. Mr. Reynolds has published extensively on Medicare regulatory matters as well as health care fraud and abuse, including articles on EMTALA, the hospital outpatient prospective payment system, the hospital inpatient prospective payment system, the rehabilitation facility prospective payment system and gainsharing.  His articles include "Gainsharing: A Cost-Reduction Strategy that May Be Back," Healthcare Financial Management, January 2002;  "Final Inpatient Rehabilitation PPS Rule Improves on Proposed Rule," Healthcare Financial Management, October 2001;  "EMTALA Liability: Transforming Your Off-Campus Facility into an Emergency Department," Trustee, January 2001;  "Medicare Payment for New Impatient Services and Technologies Requires Expanded Coordination Between Hospitals and Those Conducting Clinical Trials," The RAP Sheet, Summer 2001; and "HCFA's New Restrictions on the Operation of Hospital Outpatient Facilities," Journal of Health Law, Fall 2000. Mr. Reynolds received a bachelor's degree in political science, summa cum laude and Phi Beta Kappa, from Emory University in 1992.  He earned the JD in 1996 from the University of Virginia. 

"Reynolds, an attorney specializing in health law, summarizes the federal laws implicated by hospital joint ventures, identifies the risks that joint venture activities pose under these laws, and suggests strategies by which hospital executives can structure and operate joint ventures in compliance with the law. He describes federal laws relating to health care fraud and abuse, tax, antitrust, securities, and Medicare certification and enrollment, assessing how they are implicated by hospital joint ventures. He also describes regulatory implications and compliance strategies associated with various aspects of the joint venture arrangement, namely investor selection, the structure of the joint venture, and ongoing operation." --Book News

Hardcover: 234 pages
ISBN 0763747793
Jones & Bartlett
March 2004
Price: $98.95

 

This book provides comprehensive treatment of each distinct body of federal law governing hospital joint ventures. It contains separate chapters on the various types of laws, including health care fraud and abuse, antitrust, securities, and Medicare certification and enrollment.

(information provided by the publisher)

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