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Fair Market Value Defensibility Analysis

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In order to comply with some of the safe harbors under the Anti-Kickback Statute, many of the exceptions under the Stark Act, and for compliance with tax exempt rules and regulations, financial arrangements between hospitals and health systems and referring physicians need to be fair market value and commercially reasonable. Krieg DeVault has highly skilled professionals who can assist hospitals and health systems in developing and analyzing financial arrangements, including compensation arrangements with referring physicians, to assess whether such financial arrangements are representative of fair market value and thus likely to be capable of being defended as reasonable and fair market value.