Blog

The Anti-Kickback Statute (“AKS”) sets the rules of the road for financial relationships in healthcare. But enforcement priorities shift over time as new business models emerge, healthcare delivery evolves, and regulators sharpen their focus. For executives, investors, operators, and compliance officers, understanding current enforcement trends is just as important as knowing the statute itself.

In recent years, the U.S. Department of Justice (“DOJ”) and the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) have expanded investigations, brought more cases, and coordinated with whistleblowers at record levels. These efforts signal where the government sees the greatest risk — and where healthcare stakeholders must exercise the most caut

This post is part of our ongoing Healthcare Transactions Series, where we explore legal, operational, and strategic issues that matter most to providers, investors, and entrepreneurs navigating the business of healthcare. In this installment, we focus on two foundational—but often misunderstood—regulatory concepts: Fair Market Value (FMV) and Commercial Reasonableness (CR). Whether you’re acquiring a practice, structuring a management agreement, or evaluating physician compensation models, understanding FMV and CR is essential to ensuring your deal is not just financially sound—but also legally defensible.

Fair Market Value