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National Healthcare Industry Conference 2014 - Virtual

Stacked Arrangements, Commercial Reasonableness, and FMV: Similarities and Distinctions

‐ Nov 6, 2014 2:05pm

Commercial reasonableness, although not new to the health care regulatory landscape, has emerged in recent years through emphasis in qui tam and enforcement activity, and parties and consultants to transactions requiring Stark and anti-kickback statute compliance must clearly understand the nuances of this term, especially in multi-faceted deal structures.
  • Participants in this session will learn to recognize the various definitions of commercial reasonableness from laws, regulations, and government pronouncements.
  • Participants will gain an understanding of the relationship between Fair Market Value and Commercial Reasonableness in hospital/physician transactions and arrangements.
  • Participants will learn how analysts ascertain whether an anticipated transaction or compensation arrangement meets the definition of Commercial Reasonableness.


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