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

Catherine Short converses with Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C. and Don Barbo, Managing Director with VMG Health, on the topic of “New Stark Law and AKS Final Rules -Valuation Considerations.” 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, we will focus on these aspects of the respective Final Rules, which must be read in conjunction with each other.