FMV Calculator Terms of Service
The purpose of the Fair Market Value (FMV) Calculator is to provide a guide for patient advocates and pharmaceutical companies that enter into arrangements where the pharmaceutical company is paying a patient or patient advocacy organization for professional services and expenses incurred in connection with the arrangement. The calculator was created by the National Health Council with funding from Allergan, Biogen, Boehringer Ingelheim, Bristol Myers Squibb (sponsorship under Celgene), Grifols, Johnson & Johnson, Merck, Novartis, Pfizer, PFMD, Sangamo, Servier, and UCB. The calculator is supplied as a convenience only and use of the calculator is not a substitute for conducting your own FMV analysis.
The definition of FMV used in the analysis is based on the definition from the U.S. Physician Self-Referral (“Stark”) Regulation. This definition was used as it considers the common elements of FMV in arm’s length transactions, as well as situations where one party may be in a position to influence the decision on the purchase of the other party’s products. The National Health Council acknowledges that professional services fees are subject to change based on a variety of factors, and that market rates for individuals may fluctuate depending upon intrinsic factors such as an individual’s experience and expertise as well as external factors such as economic conditions and inflation. This calculator was developed in June 2020, and users should consider whether rates may reasonably have been expected to change since that time based on the amount of time that has passed and market conditions, or other factors. Further, this calculator is not intended for use with other types of consultants or contractors, such as scientific consultants or physicians.
The National Health Council provides this calculator “AS IS, WHERE IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT. The National Health Council makes no warranty that the calculator will meet your requirements or be error-free. By using this calculator, you agree that you rely on this calculator at your own risk and the National Health Council, Inc., its partners, employees, agents, and affiliates shall have no liability to you for any claim arising from your use of this calculator.