About the Course
Introduction
This CLE course will guide counsel in understanding the importance of FMV assessments in hospital-physician transactions as a way to ensure compliance with anti-kickback and self-referral laws.
Description
With an increasing focus on improvements in patient care, value-based reimbursement methodologies, bundled payments, costs management, and reduced third-party reimbursements, healthcare providers are exploring innovative ways to collaborate with physicians to deliver care. Healthcare providers are frequently using joint ventures, co-management arrangements, ACOs, and other arrangements to achieve these goals.
Almost every healthcare-related transaction involves FMV issues. For example, parties often must ensure that payments to referral sources are consistent with FMV to satisfy applicable Stark and anti-kickback law exceptions.
Over the last several years, FMV determinations have become a focal point in many government investigations and litigation, with litigants at odds about the basis and appropriateness of FMV comparisons.
Listen as our authoritative panel of healthcare attorneys and advisers examines the laws and regulations that have specific FMV requirements and recent court decisions that address and apply FMV principles. The panel will offer practical tips for obtaining, reviewing, and effectively using valuation reports and avoiding common FMV pitfalls.
Presented By
Mr. Bernstein specializes in providing valuation, transaction advisory, strategic and operational consulting services to clients. He has extensive experience working closely with hospital systems, physician groups, ambulatory surgery centers and other healthcare providers. He also provides valuation services in the areas of business valuation and complex compensation structures.
Mr. Coleman assists clients with breach of contract and general business tort litigation. He has handled numerous trade secret and noncompete matters for clients across the business spectrum from hospitality to telecommunications. He has further successfully litigated multiple trade secret and noncompete matters, assisting clients in protecting their trade secrets, obtaining injunctive relief, and defending against claims of misappropriation.
Mr. del Junco's practice focuses on high-stakes commercial litigation matters, including health care litigation, contract disputes, trade secrets and non-competes, business torts, and antitrust issues.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, March 28, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Laws and regulations
- Stark law
- Anti-kickback statute
- Tax exemption issues
- Court treatment
- Recent decisions
- Lessons learned
- Valuation reports
- Obtaining reports
- Reviewing reports
- Effectively using reports
- Commercial reasonableness opinions
- Avoiding common FMV pitfalls
The panel will review these and other key issues:
- What are the FMV requirements that must be met to comply with Stark and anti-kickback laws?
- What are the lessons from recent challenges of FMV in litigation?
- What steps can counsel take to avoid common FMV pitfalls?
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