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Fair Market Value: Legal, Theoretical and Practical Considerations

Tuesday, May 8, 2012

- Location -
Drinker Biddle & Reath LLP
1177 Avenue of the Americas - 41st Fl.
New York, NY 10036
(518) 487-5681

FOR THE FIRST TIME:

 New York State Bar Association          
 Food, Drug and Cosmetic Law Section
and
American Health Lawyers Association
Life Sciences Practice Group    

JOINTLY SPONSOR A

NETWORKING LUNCH-LIVE MCLE PRESENTATION-WEBINAR

FAIR MARKET VALUE:  LEGAL, THEORETICAL AND PRACTICAL CONSIDERATIONS

What is the “fair market value” (FMV) for services provided by a healthcare professional (HCP)? Why should we care? What are the issues and challenges when determining FMV for HCPs? How much is too much?

In the Life Sciences Industry, it is commonplace for companies to engage healthcare professionals (HCPs) as consultants. More often than not, these HCP consultants are also in a position to purchase, prescribe or recommend the use of a company’s product(s), which can pose significant legal risk for the company if the arrangements with the HCPs are not handled properly. In addition, we have entered a new era of transparency and disclosure, where the spend on HCPs must be reported in accordance with several state laws and the new federal sunshine provisions under the Patient Protection and Affordable Health Care Act. These obligations, in addition to the continued government scrutiny of life science companies, require a renewed focus on FMV and the bona fide nature of services when engaging physicians and other HCP consultants.

In this interactive session, panelists will explore the legal issues, practical business concerns and a theoretical approach to addressing the FMV conundrum. They will also discuss the very real issue of the HCP that demands more than the company’s established fee for a service.

Attendance at this meeting offers 1.5 NY MCLE credit hours in the Professional Practice.  This program does not qualify for newly admitted attorneys in NY.  CLE for other states will also be available. 

Networking Lunch: 12:00 – 1:00 PM

MCLE Live Program: 1:00 – 2:30 PM
MCLE Webinar Program: 1:00 – 2:30 PM

Moderator
David S. Weinstock, Esq.
Chair, CLE Committee, Food, Drug and Cosmetic Law Section
Vice-Chair, Life Sciences Practice Group
Weston, CT

Panelists
Michelle D. Axelrod, Esq.
Porzio, Bromberg & Newman, PC
Westborough, MA

Mark A. DeWyngaert, Ph.D.
 Managing Director, Huron Life Scienc
 New York City

John C. Petrolino, Esq
Vice President Legal Pharma Compliance Officer
Savient Pharmaceuticals, Inc.
 New York City 

Networking Lunch Host
Porzio, Bromberg & Newman, PC

$25  Food, Drug and Cosmetic and Health Law Sections (NYSBA) Members
         Life Sciences, HHS and Fraud and Abuse Practice Groups (AHLA) Members

$50  Non-Members

To register, visit: the link below or http://www.healthlawyers.org/Events/Webinars/2012/Pages/Theoretical.aspx

For more information, contact: kplog@nysba.org

The last day to pre-register online was May 6, 2012.

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact the New York State Bar Association at 800-582-2452 or kplog@nysba.org.