• videocam Live Webinar with Live Q&A
  • calendar_month September 2, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Health
  • schedule 90 minutes

Fair Market Value and Commercial Reasonableness in Hospital and Physician Transactions: Complying With Anti-Kickback and Self-Referral Laws

About the Course

Introduction

This CLE webinar will guide counsel in understanding the importance of FMV assessments and determinations of commercial reasonableness in hospital-physician transactions as a way to help ensure compliance with federal 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 and commercial reasonableness issues. For example, parties often must ensure that arrangements with referral sources have a legitimate business purpose and that payments provided under those arrangements are consistent with FMV—all in compliance with applicable self-referral and anti-kickback law exceptions.

Over the last several years, FMV and commercial reasonableness determinations have become focal points in many government investigations and cases, with the parties at odds about the basis for and appropriateness of these determinations.

Listen as our authoritative panel of healthcare attorneys and advisers examine both the laws and regulations that have specific FMV and commercial reasonableness requirements as well as the enforcement actions and cases that address and apply these FMV principles. The panel will offer practical tips for obtaining, reviewing, and effectively using valuation reports and for avoiding common FMV and commercial reasonableness pitfalls.

Presented By

Lynn M. Barrett
President
Barrett Law, PA

Ms. Barrett is a seasoned healthcare lawyer with significant experience in analyzing federal and state healthcare laws and regulations, particularly related to fraud and abuse, health system operations, medical necessity and billing and coding. She also has significant experience in compliance matters, having served as SVP, Chief Compliance and Ethics Officer for a large health system with an academic medical center. Ms. Barrett has served as General Counsel to a multi-facility health system and has held senior in-house positions in for-profit, non-profit, and public health systems. She has also spent many years in private practice providing advice and guidance to a wide variety of healthcare providers including hospitals, ambulatory surgery centers, physicians, home health agencies, hospice providers, DME providers, labs and nursing homes. Ms. Barrett is currently an Adjunct Professor at the Maurice A. Deane School of Law at Hofstra University, as well as at the Univeristy of North Carolina at Wilmington. She holds leadership positions in the ABA's Health Law Section, as Vice Chair of eHealth, Privacy & Security, as well as Vice Chair of Ethics and Professionalism. Ms. Barrett frequently speaks and writes on a wide array of health law and compliance topics.

Curtis Bernstein, CPA/ABV, ASA, MBA
Partner
Pinnacle Healthcare Consulting

Mr. Bernstein has more than two decades of management experience in the provider and consulting settings and has more recently focused on strategic and valuation consulting services around provider relationships in the healthcare industry. As part of the Pinnacle leadership team, he directs our growing and highly talented team of valuation experts and leverages his extensive experience working closely with hospital systems, physician groups, ambulatory surgery centers, and other healthcare providers. Prior to Pinnacle, Mr. Bernstein was a managing director of transaction advisory services and the director of valuation services for two national healthcare consulting firms where he worked with clients including law firms, hospitals, ancillary service providers, physician practices, and life sciences clients.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, September 2, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Laws and regulations

A. Stark law

B. Anti-kickback statute

C. Tax exemption issues

II. Recent enforcement actions and cases

A. Lessons learned

III. Valuation reports

A. Obtaining reports

B. Reviewing reports

C. Effectively using reports

D. Commercial reasonableness opinions

IV. Avoiding common FMV and commercial reasonableness pitfalls

V. Key takeaways

The panel will review these and other key issues:

  • What are the FMV and commercial reasonableness requirements that must be met to comply with self-referral and anti-kickback laws?
  • What are the lessons learned from recent enforcement actions and cases?
  • What steps can counsel take to avoid common FMV and commercial reasonableness pitfalls?