In the heavily regulated health care industry, attorneys are generally aware of the importance of fair market value (FMV). Our prior article addressed the impact of the anti-kickback statute (AKS) and the Stark Law (Stark) on the definition and elements of FMV. However, there are other standards of value (and valuation approaches) that are relevant for many business transactions, situations, and disputes in the health care industry, but are not governed by the AKS and Stark.

Situations that are outside of the health care related definition of FMV include those that do not involve referrals and payment from federal health plans for healthcare services as defined by the Centers for Medicare and Medicaid Services (CMS). This includes many business and financial transactions, mergers and acquisitions, valuations in divorce situations and damages resulting from business disputes. It also may include transactions among providers that involve business relationships or health care programs not paid for by federal insurance programs.

Other Standards of Value

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