BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Health

Date & Time
  • event Date

    Tuesday, March 28, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

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.

Faculty

Curtis H. Bernstein
Partner
Pinnacle Healthcare Consulting

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.

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Jesse M. Coleman
Partner
Seyfarth Shaw LLP

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.

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Drew del Junco
Attorney
Seyfarth Shaw LLP

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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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.

Outline

  1. Laws and regulations
    • Stark law
    • Anti-kickback statute
    • Tax exemption issues
  2. Court treatment
    • Recent decisions
    • Lessons learned
  3. Valuation reports
    • Obtaining reports
    • Reviewing reports
    • Effectively using reports
    • Commercial reasonableness opinions
  4. Avoiding common FMV pitfalls

Benefits

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?