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Dangerous Waters: When Median Benchmarks are Not a Safe Harbor - Part Two

June 19, 2018 Stephanie Tafoya

Author: Stephanie Tafoya

As discussed in a prior article, HAI examined the pitfalls of blindly relying on median benchmarks from compensation surveys.  It is worth reiterating that numerous whistleblower complaints resulting in newsworthy settlements[1] illustrate that median benchmarks are not an automatic safe harbor for compensation that is [...]

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Dangerous Waters: When Median Benchmarks are Not a Safe Harbor - Part One

June 12, 2018 Stephanie Tafoya

Author: Stephanie Tafoya

Some market participants think that selecting an appropriate compensation value that is consistent with fair market value (“FMV”) is as simple as selecting a median benchmark reported by a compensation survey.  Unfortunately, as proven through numerous whistleblower complaints resulting in newsworthy settlements,[1] [...]

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You've Got Patients! A Case Study in Fair Market Value and Commercial Reasonableness: Considerations for Attorneys Evaluating Telemedicine

May 23, 2018 Luis Argueso

Originally published in May 2018 ABA Health eSource web edition | Author: Luis Argueso

On February 9, 2018, President Trump signed into law the Bipartisan Budget Act of 2018passed by Congress.  It incorporated the text of the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act.2 The CHRONIC Care Act [...]

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FMVantage Point™: Telemedicine Industry Trends: Compensation Structure

May 14, 2018 Luis Argueso

Author: Luis A. Argueso

Telemedicine as a modality of medical care continues to expand and gain traction in the United States.  On February 9, 2018, President Trump signed into law the Bipartisan Budget Act of 2018 passed by Congress.  This budget incorporated the text of the Creating High-Quality Results and Outcomes Necessary to Improve [...]

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Shifting Paradigms? The Potential Impact of the Medicare Access and CHIP Reauthorization Act on What Constituties a Fair Market Value and Commercially Reasonable Physician Transaction

By Andrea M. Ferrari, Director, HealthCare Appraisers Inc., Boca Raton, Florida; William B. EckSeyfarth Shaw LLP, Washington, D.C.;  Tizgel K.S. HighLifePoint Health,  Brentwood, Tennessee; and David S. SzaboLocke Lord LLP, Boston

A version of this article was previously published by the American Health Lawyers Association and the [...]

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Valuing On-Call Arrangements - Locums vs. Non-Locums Rates

Published: 04/17/2018 | Author: Berta Narohna and Adam S. Polsky, MBA, CVA

The use of locum tenens physicians to fill gaps in emergency department call coverage schedules is prevalent at many hospitals.  When hospitals and their compliance teams are assessing the fair market value (“FMV”) of compensation for on-call coverage arrangements, [...]

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