Litigation Support

Violating federal and state fraud and abuse laws can result in investigations, criminal penalties, civil fines, exclusion from the federal and/or state health care programs or loss of medical licenses. These laws can be implicated in a wide range of arrangements, including business transactions, physician compensation, real estate transactions, or capital equipment transactions, and often focus on fair market value issues. Healthcare Appraisers’ extensive experience in providing fair market value and commercial reasonableness opinions can be an invaluable source for proving or disputing such claims and investigations.

Tax controversies surrounding the amount of taxes owed may arise when businesses are sold or transferred as part of a gift or estate. While many disputes are resolved through the IRS Office of Appeals without litigation, cases may also be litigated through the federal court system. Our expertise in healthcare valuation enables us to navigate the complexities of the healthcare regulatory landscape as it pertains to tax issues, and utilize the appropriate valuation methodologies to ensure a reliable and defensible expert witness opinion.

Commercial litigation matters may include contract disputes, intellectual property infringement, temporary or permanent interruption of business, or losses due to fraud, including fraudulent conveyance and fraudulent transfers. While similar, economic damages are quantified in the form of lost profits or lost business value due to the actions of another party. HealthCare Appraisers has the experience required to understand both the applicable case law in determining the appropriate valuation approach to utilize, as well as the pertinent facts and circumstances of the arrangement, necessary to produce a reliable expert witness opinion.

Valuations prepared for marital dissolutions can be challenging since valuation issues surrounding personal goodwill, tax affecting, pass-through entities, valuation discounts, and buy-sell agreements may differ by state. HealthCare Appraisers remains abreast of key valuation issues and appellate court decisions across all 50 states, and is ready to serve as your expert witness for all marital dissolution valuation issues.

Often related to dissenter rights actions and minority shareholder oppression actions, HealthCare Appraisers is often engaged in shareholder disputes to determine the value of a business at a given point in time. Key valuation issues may relate to normalizing adjustments for officer/shareholder compensation, the standard of value (e.g., fair market value vs fair value), or the premise of value (e.g., going concern vs orderly liquidation). While many states define fair value using the 1984 version of the Model Business Corporation Act, interpretations may still vary from state to state depending on the specifics of the case.

IRC 501(c)(3) provides exemption from federal income tax for entities that are organized and operated for charitable purposes. Issues surrounding a non-profit’s executive compensation or sale of assets can be called into question as the use of public funds to benefit private individuals or for-profit entities is prohibited. Furthermore, it’s important to examine transactions with private individuals or for-profit entities that may involve the rental, sale, purchase, or use of an organization’s assets. Failing to maintain compliance may result in monetary sanctions or loss of tax exemption status. In connection with legal actions surrounding a non-profit’s tax-exempt status, HAI can leverage our extensive experience in providing FMV opinions in a wide variety of healthcare arrangements, including capital assets, real estate, business valuation, and executive compensation and governance.