Valuation Considerations in the Era of the New Stark Law and AKS Final Rules

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Audio version of the webinar broadcast

Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX and Don Barbo, Managing Director with VMG Health are presenting this timely webinar. On January 19, 2021, a new era was ushered in as the CMS Stark Law Final Rule and the HHS-OIG Anti-Kickback Statute Final Rule became effective. The impetus behind the new Final Rules is value-based care and care coordination. In light of the advent of Value-Based Arrangements, which include Value-Based Enterprises, as well as the continuing importance of fair-market value and commercial reasonableness, this presentation focuses on these aspects of the respective Final Rules, which must be read in conjunction with each other. Additionally, a portion of the presentation will be dedicated to the nuances of balance sheets, income statements, and valuations in relation to both the healthcare industry and the aforementioned laws.

This webinar will cover the following objectives:

1. Understand the role of value-based care in relation to the new Stark Law and AKS Final Rules
2. Appreciate what is required for a Value-Based Arrangement, as well as how finance and accounting affect fair- market value and commercial reasonableness in healthcare transactions
3. Legal implications under the False Claims Act – a retrospective look at significant FCA cases involving the Stark Law and AKS, as well as potential landmines to avoid when applying the new Final Rules and the related safe harbors/exceptions

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