Litigation Support
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.
Qui Tam/FCA/Stark/AKS/Self-Disclosure
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 Valuations
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.
Economic Damages
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.
Marital Dissolution
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.
Shareholder Disputes
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.
501(c)(3)
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.
Fair Market Value Opinions: Practical Tips for Engaging Third-Party Appraisers and Securing Client Buy-In During the Valuation Process
Authors: John E. Buerkert Jr., Children's...
Second Opinions Are Not Just for Patients: The Benefits of an Appraisal Review
Author: Matt J. Muller, ASA Last year, we...
The Importance of Appraisal Review in the Transaction Process
Author: Matthew J. Muller, ASA and Nicholas...
Expertise for your Unique Needs is here.
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.
Recent Insights
Medicare Shared Savings Program Results for Performance Year 2022
Authors: Matthew J. Muller, ASA, and Nicholas J. Janiga, ASA Download the PDFIn August 2023, the Centers for Medicare & Medicaid Services (CMS) released 2022 Performance Year Financial and Quality Results data related to the Medicare Shared Savings Program...
2023 On-Call Summary Review
HealthCare Appraisers is pleased to present its 2023 On-Call Summary Review. This publication summarizes key observations in on-call coverage arrangements observed during the past four years, and includes statistics associated with payment and coverage structures from...
Quarterly Insights: Q2 2023
Monitoring Industry Activity from Quarter 2 of 2023 Earnings calls in the second quarter of 2023 focused on emerging utilization trends impacting providers and payors. The higher utilization experienced in the first quarter continued in the second quarter of 2023 and...
2023 Cardiology Industry Outlook: A Reviving Heartbeat
Authors: Bobby Van Dusen, MSAQF, Matthew J. Muller, ASA, and Nicholas J. Janiga, ASA Download the PDFThe cardiology sector has experienced a surge in transaction activity in recent years, with the main buy-side participants being private equity-backed physician...
2023 Outlook for Medical Diagnostic Imaging Equipment: Appraisal Considerations When Determining Fair Market Value of Gamma Cameras
Authors: Ciara A. Kerney, Kirsten Hodges, ASA and Jeffrey Doyle, ASA Download the PDF WHAT IS A GAMMA CAMERA? Nuclear medicine is a subspecialty within radiology that utilizes small amounts of radioactive material in order to assess bodily function and anatomical...
Upcoming Events
Sept 27-29 | AHLA Fraud & Compliance Forum
September 27-29, 2023 | Baltimore, MD HealthCare Appraisers is proud to serve as a Platinum Sponsor. About the Fraud and Compliance Forum This important program brings together legal counsel, compliance officers, and government representatives for an invaluable...
Oct 4-6 | Florida Hospital Association 2023 Annual Meeting
October 4-6, 2023 | Orlando, FL HealthCare Appraisers is proud to serve as a Bronze Sponsor. Managing Partner Daryl P. Johnson, MAcc, CVA, Partner Hunter M. Outcalt, MTX, CPA/ABV, and Chief Business Development Officer Richard F. Clarke, Jr. will be in attendance. ...
Oct 11-13 | Georgia Alliance of Community Hospitals 40th Annual Conference
October 11-13, 2023 | Greensboro, GA HealthCare Appraisers is proud to serve as a Bronze Sponsor with Chief Business Development Officer Richard F. Clarke, Jr. in attendance. Each year, the Georgia Alliance of Community Hospitals brings together its membership of...
Oct 21 | Baptist Health Foundation Grand Gala
October 21, 2023 | Miami Beach, FL HealthCare Appraisers is proud to serve as a Bronze Sponsor. MEET THE BENEFICIARIES Baptist Health South Florida Fund - Where the Need is Greatest INSTITUTES Lynn Cancer InstituteLynn Heart & Vascular InstituteLynn Women’s Health...
Oct 22-25 | MGMA Leaders Conference
October 22-25, 2023 | Nashville, TN HealthCare Appraisers is exhibiting at the conference at booth #139. The Leaders Conference is an inclusive community exploring the future of our industry, with content curated for those in management and executive level positions,...