Exploring the Adverse Impact of Federal Healthcare Reform on Physician-Owned Hospitals

Posted by Jason Greis on April 1, 2010 under Articles | Read the First Comment

After almost a year of heated debate, President Obama signed into law the Patient Protection and Affordable Health Care Act (P.L. 111-148) (“PPACA” or the “Act”) on March 23, 2010, as amended by the Health Care and Education Affordability Act of 2010 (H.R. 4872) (“HCEAA”) on March 30, 2010.  While many of these laws’ provisions are benign, some contain “bombshells” that will permanently alter the business and regulatory landscape for certain businesses.  One such provision is contained in Section 6001 of PPACA, which significantly curbs physician ownership and investment in hospitals by restricting application of the Federal Ethics in Patient Referrals Act’s (the “Stark Law”) statutory “whole-hospital exception.” Read More...

House SCHIP Bill Contains Ban on Physician Ownership and Investment in Hospitals (including LTACHs)

Posted by Jason Greis on January 27, 2009 under Articles | Be the First to Comment

On January 14, 2009 the House of Representatives voted to reauthorize the State Children’s Health Insurance Program (“SCHIP”).  The House version of the SCHIP bill (HR 2) includes a provision contained in Section 623 proposed by House Ways and Means Health Subcommittee Chairman Fortney Pete Stark that would prevent construction of new physician-owned hospitals and restrict the expansion of current physician-owned hospitals by amending certain provisions of the Federal physician self-referral law (commonly known as the “Stark Act”).  Congressman Stark has said that the provision banning future physician ownership in hospitals would prevent the “unethical kickbacks that physicians receive from ownership in hospitals, most of which are of questionable safety and quality.”  This legislation, if passed, would significantly impact current physician ownership and investment interests in LTACHs (e.g., investment by physician joint venture partners) and specialty hospitals and would altogether ban future physician investment and ownership in LTACHs and specialty hospitals. Read More...