Valuations – Fair Market Value and Commercial Reasonableness in the Era of The New Stark Law and Anti-Kickback Final Rules

$189.00

On January 19, 2021, most of the Centers for Medicare and Medicaid Services (CMS) Stark Final Rule and the Office of the Inspector General, Department of Health and Human Services (HHS-OIG), Federal Anti-Kickback Statute (AKS) Final Rule became effective.

One area that has been the foundation of Stark and Anti-Kickback compliance, as well as False Claims Act litigation, relates to fair market value (“FMV”). Both the Stark Law and the AKS Final Rules bring changes to FMV, as well as the related issues of referrals based on volume or value, and commercial reasonableness. In light of the collaborations between lawyers, financial experts, and consults to achieve compliance, this program provides the attendee with the perspectives of a lawyer and an accomplished valuation expert.

Want a discount? Become a member by purchasing LawPracticeCLE Unlimited or Unlimited CLE Black Friday Special!

Event Details

Webinar Date

Webinar Time

Course Type

Original Date Of Course

Course Instructor

Don Barbo, CPA/ABV, MB, Rachel V. Rose, Esq.

General Credits

2

Course Description

On January 19, 2021, most of the Centers for Medicare and Medicaid Services (CMS) Stark Final Rule and the Office of the Inspector General, Department of Health and Human Services (HHS-OIG), Federal Anti-Kickback Statute (AKS) Final Rule became effective.

One area that has been the foundation of Stark and Anti-Kickback compliance, as well as False Claims Act litigation, relates to fair market value (“FMV”). Both the Stark Law and the AKS Final Rules bring changes to FMV, as well as the related issues of referrals based on volume or value, and commercial reasonableness. In light of the collaborations between lawyers, financial experts, and consults to achieve compliance, this program provides the attendee with the perspectives of a lawyer and an accomplished valuation expert.

Principles

  • Changes to the Stark Law
  • Changes to the Anti-kickback Statute
  • Learn the fundamentals about how FMV, commercial reasonableness, and related compliance is achieved from a valuation standpoint.
  • Appreciate legal liability under the False Claims Act.

Syllabus

  1. What is Value-Based Purchasing?
  2. Value-Based Enterprise and other critical definitions from both the AKS and Stark Law Final Rules
  3. AKS Final Rule nuances Stark Law Final Rule changes & Potential False Claims Act Liability
  4. Fair market value, commercial reasonableness, and referrals – past and present
  5. Approaching a Viable and Legal Valuation
  6. Q&A: RVR asks DB specific valuation questions
  7. General Compliance Suggestions

Instructors

Don Barbo, CPA/ABV, MB

Rachel V. Rose, Esq.

You may also like…