decisionhealth Newsletters, Answer Books - 2009 Issue 3 (March)
Radiological Services / Don't Wait to Restructure Imaging Joint Ventures
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Article Overview
This article explains upcoming Stark Law changes affecting imaging joint ventures and discusses the general compliance considerations physicians and investors should review when deciding whether to restructure an ownership arrangement or exit the venture. It is aimed at physicians, practice administrators, compliance teams, and other stakeholders involved in radiology-related business arrangements. The guidance focuses on broad Stark Law concepts, exceptions, and related federal and state self-referral concerns.
Why This Topic Matters
The article matters because ownership and referral relationships in imaging can create significant legal exposure when Stark Law rules change. Readers need to understand the general compliance issues surrounding continued referrals, restructuring options, and the potential impact of federal and state self-referral laws.
Article Sections
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Stark Law changes affecting imaging joint ventures
Introduces the pending expansion of Stark-related designated health services and explains why imaging joint ventures are being affected. The section frames the issue in terms of physicians, investors, and referral relationships.
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Restructuring or sale options for physician-investors
Describes the broad compliance considerations involved when physicians try to preserve or exit an ownership interest in an imaging venture. It covers general exception-based restructuring themes and ownership transfer considerations.
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Risks of limiting referrals and considering payer impact
Reviews the general risks associated with trying to avoid referrals instead of changing the ownership structure. It also notes broader payer and state-law considerations that may affect self-referral analysis.
What You Will Learn
- Why imaging joint ventures are drawing renewed Stark Law scrutiny
- What broad compliance themes physicians should evaluate before continuing referrals
- What general issues can arise when transferring an ownership interest in an imaging venture
- How federal and state self-referral concerns can affect imaging arrangements
Who Should Read This
- Physicians
- Radiology practices
- Imaging center owners
- Practice administrators
- Compliance professionals
- Healthcare attorneys
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