The Volume or Value Standard: Navigating the Stark Laws
Part 5 of BVR's Special Series presented by the BVR/AHLA Guide to Healthcare Industry Finance and Valuation
Tuesday, September 13, 2016
10:00am-11:40am PT • 1:00pm-2:40pm ET
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- Stark Law Overview
- Navigating the Volume or Value Standard - Documenting Compliance
- Understanding the Volume or Value Standard - Guidance From CMS
- Personally Performed Service
- The Fair Market Value Standard
- The ‘Other Business Generated’ Standard
- Compensation Conditioned on Referrals to a Particular Provider
- Special Treatment for Stark Group Practices
- The Volume or Value Standard - Case Law Illustrations
- United States ex. Rel. Villafane v. Solinger - An Objective Test
- United States ex rel. Singh v. Bradford Reg’l Med. Ctr. - A Subjective Test
- Compensation That Exceeds Professional Collections
- Examination of ‘Downstream Data’ and Tracking of Referrals
- Practical Takeaways
- Learn the current regulatory landscape and a better understanding of how to properly develop governance and documentation processes that support compliance with the Stark Law’s volume or value standard.
- Gain a better understanding of CMS' guidance on specific matters related to the Stark Law’s volume or value standard.
- Get an overview of recent enforcement actions where the government has expressly alleged Stark law violations based on the volume or value standard. The webinar will also review recent enforcement actions regarding compensation that exceeds professional collections and/or a healthcare organization’s examination of downstream referrals. These cases will illustrate the inherent tensions associated with the volume or value standard, such as whether compliance with the standard should be an objective or subjective determination.
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