1.00 CME / 1.00 CMD Management / 1.00 MOC
Medical Director Agreements are critical to establishing obligations and boundaries between the provider and the physician. There are a number of key provisions that Medical Director Agreements should have, including (a) the duties of the medical director; (b) compensation; (c) the licensure, criminal history, and exclusion status of the medical director; and (d) insurance and indemnity. Recently the Department of Justice has investigated False Claims Act violations arising from the alleged payment of kickbacks in the form of sham medical director agreements and payments to the spouses of referring physicians. Session will review the nuances of key agreement terms and address negotiation tips. ** For several weeks, I reached out to local Tampa Bay business school professors to ask if they would be interested in co-presenting on this. I heard back on 7/19/2022 and they have interest. If selected, I may have a faculty member from a local business school program.
Learning Objectives:
- Identify key terms and provisions of their medical director agreement that can and should be negotiated.
- Identify key negotiation approaches to key terms and provisions of their medical director agreement.
- Understand the key elements of noncompete clauses and the Biden Administration's initiative on those.
- Understand the government investigation efforts related to medical director arrangements and how to avoid them with the terms of the medical director agreement.
Presenters:
Sean Fahey, JD, is a health law attorney who helps skilled nursing facilities, assisted living facilities, home health providers, and hospice providers navigate regulatory and compliance matters. Mr. Fahey represents physicians and providers in designing, negotiating, and drafting medical director agreements. He represents clients in all areas of health care compliance, governance, transactions, Medicare enrollment, administrative appeals, and agreements and counsels nonprofit clients on charitable operations and governance. He frequently speaks before national and state healthcare providers and associations on assisted living and skilled nursing facility issues.
Credit Information:
Activity Created: 3/2023
Credits Expire: 3/2026
- 1 CME
- 1 CMD Management
- 1 MOC
Credit Statements:
CME: AMDA – The Society for Post-Acute and Long-Term Care Medicine designates this enduring material for a maximum of 1 AMA PRA Category 1 Credit(s)TM. Physicians should only claim credit commensurate with the extent of their participation in the activity.
AMDA – The Society for Post-Acute and Long-Term Care Medicine for Post-Acute and Long-Term Care Medicine is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.
CMD: This self-study activity has been pre-approved by the American Board of Post-Acute and Long-Term Care Medicine (ABPLM) for a total of 1 management hour(s) toward certification or recertification as a Certified Medical Director (CMD) in post-acute and long-term care medicine. The CMD program is administered by the ABPLM. Each physician should claim only those hours of credit actually spent on the activity.
ABIM Maintenance of Certification (MOC): Successful completion of this CME activity, which includes participation in the evaluation component, enables the participant to earn up to 1 Medical Knowledge MOC points and patient safety credit in the American Board of Internal Medicine’s (ABIM) Maintenance of Certification (MOC) program.
Participants will earn MOC points equivalent to the amount of CME credits claimed for the activity. It is the CME activity provider’s responsibility to submit participant completion information to ACCME for the purpose of granting ABIM MOC credit.
Visit the Continuing Education page for information on if and how you can claim credit/hours for AMDA’s education.
Disclosure Information:
The Society requires the disclosure of all speaker/faculty/planner’s relevant financial relationships; presence of off-label use of a device or medication; and discussion of any experimental, new or evolving topic prior to each accredited education activity.
If the learner perceives any bias toward a commercial product or service, advocation of unscientific approaches to diagnosis or therapy, or recommendation, treatment, or manners of practicing healthcare that are determined to have risks or dangers that outweigh the benefits or are known to be ineffective in the treatment of patients please report this to the Society’s staff.
- Julie Gammack, MD, CMD (Planner & Speaker): Stockholder: Amarin
- Kenya Rivas Velasquez, MD, CMD, FAAFP (Planner & Speaker): OptumRx: Stockholder
- All other planners, speakers, and AMDA staff have no relationships with ineligible companies.
All relevant financial relationships have been identified and mitigated.