As the market leader in healthcare valuation, HealthCare Appraisers is routinely engaged as an expert witness in cases at both the state and federal levels. Our appraisal professionals are credentialed through numerous professional valuation associations, including the American Society of Appraisers, American Institute of Certified Public Accountants, CFA Institute, and National Association of Certified Valuators and Analysts. Furthermore, our team includes numerous appraisers who hold a Juris Doctor degree. With a diverse and multidisciplinary team and years of experience serving in an expert witness capacity, HealthCare Appraisers has the expertise to assist with you all of your litigation support needs, ranging from preparation of expert reports and review of opposing party’s expert reports, to deposition and trial testimony.
Violating federal fraud and abuse laws can result in criminal penalties, civil fines, exclusion from the federal 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.
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.
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Our well-diversified experts are available to speak with you at your convenience. Our team draws on our varied areas of expertise to provide insight and solutions for nearly any valuation need or healthcare transaction.
Author: David W. Sands, CVA Download the PDFThe Department of Health and Human Services’ Office of Inspector General (OIG) recently released a Special Fraud Alert aimed at pharmaceutical and device companies that use speaker programs to compensate physicians and...
Author: Fred M. Lara, CFA, ASA, CVA Download the PDFOn April 29, 2021, the Office of Inspector General (the “OIG”) posted Advisory Opinion No. 21-02, which addressed a request from a health system and management company (the “Requestors”) for review of a proposed...
HealthCare Appraisers Releases 2021 ASC Valuation and Benchmarking Surveys – Timely Insight into the Trends and Forces Shaping the ASC Industry
BOCA RATON, Fla., May 6th – HealthCare Appraisers, a leading healthcare valuation and advisory firm with offices nationwide, released its comprehensive 2021 Ambulatory Surgery Center (ASC) Valuation and Benchmarking Surveys. Research from these surveys reveal data...
Author: Nicholas A. Newsad, MHSA Download the PDFAs more and more healthcare organizations are being courted for their data by life sciences and software companies, there is a growing need for clinical data valuation. In addition to typical data licensing...
HealthCare Appraisers' clients, please contact your representative for a complimentary copy of the 2021 ASC Valuation and Benchmarking Surveys. These surveys have become widely-utilized and valuable industry resources over the years, and we hope you enjoy the...
HealthCare Appraiser's Partner, Andrea M. Ferrari, JD, MPH will co-present The Terrible, Horrible, No Good, Very Bad Year: How Did We Do and Where do We Go From Here? Understanding the Strides and Obstacles to Diversity and Inclusion Through the Lens of COVID....