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Health Care Ceo Payment

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Submitted By mlemell
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Fair market value varies from transaction to transaction. No exact range has been recognized as to what is fair. In an effort to avoid potential violations of the federal anti-kickback statute, the Stark self-referral law and IRS intermediate sanctions, it is critical for parties to document why the remuneration is at fair market value. Moreover, it is important to consider all terms of a transaction, not just the monetary value, in establishing and evaluating fair market value.
In order to bolster the credibility and impact of a fair market value analysis, it should be conducted at the time of the transaction. All reports should be retained and readily available in the event the IRS decides to audit the transaction.
A payment under a compensation arrangement is presumed to be reasonable, and is presumed to be at fair market value if three conditions are satisfied. First, the compensation arrangement are approved in advance by the board of directors of the applicable tax-exempt organization composed entirely of individuals who do not have a conflict of interest with respect to the compensation arrangement; second, the authorized body obtained and relied upon appropriate data as to comparability prior to making its determination; and third, the authorized body adequately documented the basis for its determination concurrently with making that determination. The person seeking compensation is not permitted to form part of the committee that will be contemplating his or her “fair market value”.
The board of directors should have the appropriate data as to comparability if, given the knowledge and expertise of its members, it has information sufficient to determine whether, the compensation arrangement in its entirety is reasonable at fair market value. In this case of compensation, relevant information includes, but is not limited to, compensation levels paid by

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