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The Stark Law, the anti-kickback statute, the False Claims Act, and Internal Revenue Service 501(c)(3) status all include regulations and sanctions requiring that transactions in the healthcare field be both commercially reasonable and at fair market value. While appraisers and businesses have refined the definition of fair market value over the past several years, such consensus and guidance on commercial reasonableness has yet to be created. Despite this, increased government commentary has underscored the need to understand and ensure that this requirement is met for all financial arrangements between parties in a position to refer.
In Part 5 of BVR's 2013 Online Symposium on Healthcare, series curator Mark Dietrich and expert attorney James Pinna address the requirements set forth by the many statutes regulating healthcare transactions, and what appraisers need to know in order to be in compliance with their stipulations of standards of value and commercial reasonableness.
Program Agenda
Fair market value defined
Commercial transactions
Physician workforce, recruitment, and retention
Does the transaction make sense int eh absence of referrals?
Learning Objectives
Learn how regulation and statute defines commercial reasonableness
Learn to comply with regulations overseeing the healthcare market when assessing commercial reasonableness and fair market value
Learn how others have interpreted commercial reasonableness, and what these precedents mean for appraisers today
Learn the relationship between fair market value and commercial reasonableness
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The Guide offers the first comprehensive body of knowledge for the emerging appraisal discipline of compensation valuation (CV) in the healthcare industry. It includes 42 chapters and five practice aides, presenting a systematic treatment of both the theory and practice of CV. This is a must-have text for appraisers, consultants, attorneys, and industry participants who deal with physician compensation arrangements in healthcare. Written by various subject-matter experts and thought leaders, this new Guide is expected to become the industry's touchstone for the appraisal discipline of CV.
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