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.
Litigation Support Leadership
Read Our Latest Litigation Support FMVantage Point™
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.
Sports Marketing and Sponsorships are a Grand Slam for Healthcare Entities and Providers
Authors: Bobby J. Van Dusen, MSAQF, Daniel I. Levin, CFA, ASA and Nicholas J. Janiga, ASA Download the PDFSince the first broadcasted sporting event occurred in 1911 when a football game was relayed to audiences, the United States has been enamored by sports. Today,...
2023 Outlook: Increased Acquisitions and Joint Ventures Involving Inpatient Psychiatric Hospitals
Authors: Jordan A. Zoeller, MAcc, CFA and Nicholas J. Janiga, ASA Download the PDF INTRODUCTION At HealthCare Appraisers, we have analyzed numerous inpatient psychiatric facilities (“IPFs”) in a variety of contexts, whether for acquisition purposes, formation of joint...
2023 Outlook: Healthcare M&A
Authors: Daniel I. Levin, CFA, ASA and Nicholas J. Janiga, ASA Download the PDFRising interest rates, elevated inflation, and economic uncertainty led to volatility in 2022, and many of these factors remain in place heading into 2023. While inflation appears to have...
Nurse Practitioners & Physician Associates: A Viable Solution to the Physician Shortage?
Authors: Tammy Truong and Alyse Bentz, JD, MPH Download the PDFOriginally published by the American Association of Provider Compensation Professionals. The United States is predicted to be imminently faced with a physician shortage, with a report from the Association...
Valuation of Linear Accelerators
Authors: Kirsten Hodges, ASA and Jeff Doyle, ASA Download the PDFA Linear Accelerator (“Linac”) is a technically advanced medical device/system that is utilized in radiation oncology. A Linac customizes high energy x-rays/electrons to conform to a tumor’s shape to...
Apr 11-12 | McDermott Physician Practice Management and ASC Symposium 2023
April 11-12, 2023 | Nashville, TN HealthCare Appraisers is a proud supporter of the conference. About The Conference At the Physician Practice Management (PPM) & ASC Symposium 2023, we’ll address the critical business, transactional and regulatory issues that...
Apr 17-19 | AHLA Health Care Transactions 2023
Grand Hyatt Nashville, Nashville, TN HealthCare Appraisers is a proud Gold Sponsor. About the Program This program is a unique opportunity to learn the latest commercial developments, strategies, and deal forecasts from noted experts. Gain insight into the business...
Apr 26-28 | BOMA International Medical Office Buildings and Healthcare Real Estate Conference
April 26-28, 2023 | Chicago, IL HealthCare Appraisers is proud to serve as a Bronze Sponsor and exhibitor. Medical real estate has proven itself as a resilient, ever-growing asset class. Healthcare real estate is moving at full tilt, with the decentralization of...
May 17-20 | ASCA 2023
May 17-20, 2023 | Louisville, KY HealthCare Appraisers will be exhibiting at booth #1016. Receive competitive, top-quality clinical, regulatory, business and financial information from some of the best and most experienced professionals within the ASC community. As...