Becker's Healthcare December 28, 2022
Patsy Newitt

Becker’s has reported on three Stark Law changes and considerations in 2022. Here’s what ASC leaders need to know going into 2023:

Fair market consideration

Understanding fair market value is critical for Stark Law compliance. Fair market value opinions are often based on benchmark data, and CMS has said that fair market value should include the application of both market area issues and physician-specific issues. Commercial reasonableness, which includes whether application of benchmark factors are defensible, is a separate concept to fair market value.

When drawing contracts, physicians need to view both fair market value and commercial reasonableness as if advocating in front of a governmental entity, according to an Oct. 20 report from The National Law Review. If...

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