The stipulations in the federal Anti-Kickback Statue and Stark Law that healthcare providers cannot exchange remuneration in return for referrals of federal healthcare program business has extensive consequences in the world of healthcare valuation. Indeed, as Jim Pinna and Matt Jenkins explain "healthcare providers [must] be careful to avoid ascribing value to prior or anticipated referrals when structuring transactions involving business ventures providing services to beneficiaries of federal healthcare programs."
In this archived 90-minute webinar The Anti-Kickback Statute and Stark Law: Avoiding Valuation of Referrals, James Pinna and Matt Jenkins explain the challenges these regulations pose for appraisers. Through an examination of these laws, their histories, and the obstacle they pose to appraisers, Pinna and Jenkins discuss where to find and how to avoid potential landmines.
James M. Pinna: Advises healthcare clients on matters involving regulatory compliance (including fraud and abuse, licensure, health record privacy and reimbursement issues), structuring of business transactions, corporate governance and tax-exempt status issues. He is a member of Hunton & Williams Healthcare Reform Initiative and Pro Bono Committee in Richmond, Va. Prior to law school, Pinna served as Business Development Analyst for National Nephrology Associates, a privately held dialysis company in Nashville, Tenn., where he was responsible for market research, financial analysis and due diligence on the acquisition of 28 dialysis clinics with over $90 million in net revenues.
Matthew D. Jenkins: As the head of his Hunton & Williams' healthcare practice, Jenkins devotes his practice to the firm's leading health care clients and coordinates the delivery of comprehensive legal services to such clients across the firm's various practices. Jenkins currently chairs the ABA Health Law Section's Task Force on Accountable Care Organizations. He has chaired the ABA Health Law Section's Business Transactions Interest Group and the Health Law Section of the Virginia State Bar. He is a member of his firm's Health Reform Initiative.