Fair Market Value in Hospital and Physician Transactions: Complying With Anti-Kickback and Self-Referral Laws

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, March 7, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance on understanding the importance of FMV assessments in hospital-physician transactions as a way to ensure compliance with anti-kickback and self-referral laws.


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.



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


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 lessons can be learned from recent litigation in which FMV was challenged?
  • What steps can counsel take to avoid common FMV pitfalls?


Harper, Jacob
Jacob J. Harper

Morgan Lewis & Bockius

Mr. Harper advises stakeholders across the healthcare industry, including hospitals, health systems, large physician...  |  Read More

Wolfel, Hunter
Hunter A. Wolfel

HealthCare Appraisers

Mr. Wolfel applies his knowledge of both economic and mathematical theory in the...  |  Read More

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