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Health Care Blog

Enforcing ASC Exclusion Provisions While Minimizing Legal Risk – Rethinking Strict Application of the Safe Harbors to Exclusion Decisions

Authored by John H. Fisher, II
Posted on March 3, 2017
Filed under Health Care

Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others.  Under performing physicians can create political issues in ASCs because investors who perform more surgeries or higher value procedures at the center feel the other investors are taking a ride on their efforts. Attempting to exclude investors can expose and ASC to legal risk and must be done with great care and proper planning.

Ruder Ware has just released a Legal Update covering some of the risks of excluding non-performing physician investors from an ambulatory surgery center.  The Legal Update Ambulatory Surgery Center Physician Exclusions - Reducing Risk of Forced Redemption of ASC Investment Interests also touches on some of the steps that can be taken to mitigate risk through proper advance planning and analysis.

Links to Additional Articles Regarding Ambulatory Surgery Center Compliance Issues

Ambulatory Surgery Center – Anti-kickback Issues and Safe Harbor Regulation Compliance

Ambulatory Surgery Center Compliance Federal Settlement Raises Issues for Physician Owned Surgery Centers

Ambulatory Surgery Center Compliance Legal Practice

Ambulatory Surgery Center Advisory Opinions

Ambulatory Surgery Center Radiologist Rules – Proposed Simplified By CMS

Anesthesia Company Model Advisory Opinion 12-06