Redefining fair market value under Stark Law

In Part 1 of this three-part series, the laws and governmental agencies that regulate physician transactions were reviewed against the risk of non-compliance and potential of civil and/or criminal penalties.

Much has transpired since its publication. In addition to the challenges associated with the COVID-19 pandemic, physician practices face new compliance concerns after the Centers for Medicare & Medicaid Services (CMS) shared two major announcements in the latter part of 2020:

1. The 2021 Medicare Physician Fee Schedule (PFS)
2. New final rules under the Physician Self-Referral “Stark” Law and Anti-Kickback Statute (AKS).