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Healthcare Essentials

Aug. 14, 2023

Stark Integrity Podcast: Civil and Criminal Investigations, FMV, and Time-Share Lease Arrangements Episodes

By Bob Wade, Bart Daniel

Check out the latest episodes on the Stark Integrity podcast hosted by Nelson Mullins Riley & Scarborough LLP Nashville partner Bob Wade featuring professionals in the healthcare industry, including Nelson Mullins' Bart Daniel and The Advisory Group's Ron Young.

Civil and Criminal Investigations in the Healthcare Industry: Discussion with Bart Daniel from Nelson Mullins

Civil and criminal investigations have become a huge focus in the healthcare industry. In this episode, Nelson Mullins partners Bob Wade and Bart Daniel discuss this area of focus. Hear when you should retain experienced white collar healthcare counsel immediately, how to determine the nature and scope of the investigation, why you should cease any borderline conduct immediately, how an investigation begins, and “The Parade of Horribles.”

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Fair Market Value Analysis Mistakes

There are several mistakes that can be made when conducting a Fair Market Value (FMV) review. In this episode, Wade dives into these mistakes and how to prevent them. Hear why FMV opinions are qualified, why you should focus on personally performed productivity, how to make sure you understand the full-time equivalency (FTE) of the physician you’re reviewing, the “Dirty Dozen” of FMV analysis mistakes, and how work relative value units (wRVUs) fit into the mix.

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Time-Share Lease Arrangements in Healthcare: Conversation with Ron Young from The Advisory Group

How do time-share lease arrangements work in the healthcare world? In this episode, Wade dives into the details with Ron Young, President and Owner of The Advisory Group. Hear why consistency in your methodology is critical, the monitoring of the space needs to be documented, when to think like a patient, why a hospital or medical provider would time-share real estate, and the hotel room analogy.

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Fair Market Value, Commercial Reasonableness, and Remuneration: Does FMV Cover All Sins?

There is a legal storm brewing over the definition of remuneration. In this episode, Wade breaks down all the factors under the Stark Law. Hear why the Stark Law needs to meet a safe harbor, Fair Market Value (FMV), and Commercial Reasonableness (CR). Also learn why you shouldn’t make the connection between the financial arrangement and the inducement for referrals, notable cases to discuss, and how the transfer of value plays into things. 

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