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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 28, 2023

Recorded event now available

or call 1-800-926-7926

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.


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 are the lessons from recent challenges of FMV in litigation?
  • What steps can counsel take to avoid common FMV pitfalls?


Bernstein, Curtis
Curtis H. Bernstein, CPA/ABV, ASA, CVA, MBA

Pinnacle Healthcare Consulting

Mr. Bernstein specializes in providing valuation, transaction advisory, strategic and operational consulting services...  |  Read More

Coleman, Jesse
Jesse M. Coleman

Seyfarth Shaw

Mr. Coleman assists clients with breach of contract and general business tort litigation. He has handled numerous trade...  |  Read More

del Junco, Drew
Drew del Junco

Seyfarth Shaw

Mr. del Junco's practice focuses on high-stakes commercial litigation matters, including health care litigation,...  |  Read More

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