Fundamentals of Health Care Valuation for Lawyers (2020 Fundamentals Single Session)

11. Fundamentals of Health Care Valuation for Lawyers (Single Session Taken from the 2020 Fundamentals of Health Law Program)
Carol A. Hendry
Christina C. Street

  • Background–why does Fair Market Value matter from a legal perspective:
    • The overarching concept and the rationale behind it under the fraud and abuse laws, including potential penalties
    • Stark/Anti-kickback “Fair Market Value” definition, related regulatory guidance
  • What is meant by “Fair Market Value” outside of the fraud and abuse laws:
    • The Fair Market Value standard (including IRS Revenue Ruling 59-60 and related guidance)
    • Basic valuation principles and approaches, including the cost, income, and market approaches, as well as basic valuator standards and requirements
    • Several basic examples of valuation situations, including process of data gathering, analysis and documenting the appraisal
  • Recent and future changes related to Fair Market Value:
    • COVID-19 and its impact on FMV and data used to determine FMV
    • CMS proposal to modify FMV and the potential impact
  • Issues and Enforcement:
    • Common recurring problems in healthcare valuation (including data issues and the distinction of "commercial reasonableness")
    • Recent enforcement efforts that involve Fair Market Value issues
Continuing Education Credits are available for this session. For CLE credits, you can earn 1.0  credit hours on a 60-Min Calculation and 1.2 credit hours on a 50-minute Calculation. For CPE and CCB, you can earn 1.2 credit hours for this session.