This panel presentation will focus on the following topics:
- Identifying when and under what circumstances Stark applies
- Organization of facts critical to formulating the analysis
- Navigating and tying agreements to substantive Stark exceptions
- What are the common exceptions?
- Recent revisions to Stark
- defining an “entity”
- “per click”
- Calculating Fair Market Value
- Sources
- Tabulating and assigning value within the context of the situation and for the locality
- How do you determine whether an agreement completely fits an exception?
- The danger of being too conservative
- Ensuring a commercially reasonable business rationale
- Meeting the technical requirements of Stark provisions
People
Related Insights
June 13, 2025
Foley Viewpoints
Eighth Circuit Affirms Summary Judgment to Insurer in Dispute with Construction Project Owner Over Lost Rental Income
On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance…
June 13, 2025
Foley Viewpoints
Your Company Received an ICE Notice of Inspection — Now What?
“Worksite enforcement operations are going to massively expand,” according to a June 12, 2025, interview[1] with Border Czar Tom Homan….
June 13, 2025
Energy Current
Key Provisions of the One Big Beautiful Bill (H.R.1) Related to Foreign Ownership and Foreign Supply (FEOC)
Applicable Limitations on Tax Credits under Sections 48E, 45Y, and 45X: The below summary describes provisions in the One Big Beautiful…