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About Krieg DeVault

Krieg DeVault is a legal services company. It is based in Indianapolis, Indiana.

Krieg DeVault Headquarter Location

One Indiana Square Suite 2800

Indianapolis, Indiana, 46204,

United States

Latest Krieg DeVault News

What to consider when assessing fair market value of an ASC

Nov 15, 2021

Patsy Newitt - Large ASCs must charge a fair market value for equity in an ASC, which can be difficult for a newer facility to calculate, Krieg DeVault, a lawyer from Meritas, wrote in a Nov. 12 Lexology article. Here are five things to know about equity investment:  1. A newly formed entity with no facility, no license and no payer contracts should be valued at significantly less than an ASC with even a short operating history. 2. Mr. DeVault recommends obtaining a formal valuation from an independent third-party valuation firm with specific experience valuing ASCs to avoid violating anti-kickback rules. 3. Some ASCs just pick an equity price that they find meaningful, Mr. Devault said. But if a competing facility charges something distinctly different, he wrote, it could trigger a government investigation. 4. A below-fair-market-value arrangement sometimes forms out of habit or because of a concern that newer physicians may not be able to afford the buy-in. 5. When a physician retires or stops using an ASC, there are no longer referrals from that physician back to the ASC, and so no kickback violations can occur.

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