News & Analysis as of

Physicians Ambulatory Surgery Centers Anti-Kickback Statute

Maynard Nexsen

The Impact of CON Repeal, DHEC Changes, and Ongoing Considerations

Maynard Nexsen on

South Carolina ASCs Have a Number of Changing Regulatory Requirements Pending – Stakeholders Should Take Notice - In May of 2023, the South Carolina General Assembly unanimously passed S. 164 and the Governor signed the...more

Morgan Lewis

OIG Approves Net Profit–Based Bonuses for Employed Physicians

Morgan Lewis on

The US Department of Health and Human Services Office of Inspector General (OIG) recently released Advisory Opinion No. 23-07, in which OIG approved a proposed arrangement to pay employed physicians bonuses based on net...more

Stevens & Lee

OIG Issues Favorable Opinion Concerning Bonus Payments to Employed Physicians

Stevens & Lee on

The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently considered the question whether an employed physician can be paid bonus compensation relating to procedures performed by the...more

McGuireWoods LLP

HHS Advisory Opinion Approves Profit-Based Bonus Plan for Bona Fide Physician Employees

McGuireWoods LLP on

On Oct. 13, 2023, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion 23-07 approving a multispecialty physician practice’s proposal to pay bonuses to each of its...more

Holland & Knight LLP

OIG Looks at How Employed Physicians Bonuses Are Paid from ASC Profits

Holland & Knight LLP on

The U.S. Department of Health & Human Services Office of the Inspector General (OIG) on Oct. 13, 2023, posted Advisory Opinion No. 23-07 detailing a favorable response to a proposal by a Requestor to pay bonuses to its...more

Harris Beach PLLC

OIG’s Favorable Opinion: Employed Physicians Paid Bonuses Based on ASCs’ Net Profits

Harris Beach PLLC on

This opinion addresses a proposed arrangement (“Proposed Arrangement”) between a multi-specialty physician practice (“Requestor”) that employs approximately 11 physician employees (“Physician Employees”). In addition to base...more

Stevens & Lee

OIG Says Proposed Surgery Monitoring Arrangement May Violate Kickback Statute

Stevens & Lee on

On August 18, the Office of Inspector General in the Department of Health and Human Services (“OIG”) issued Advisory Opinion 23-05 in which it concluded that a proposed arrangement involving the formation of a company...more

Bass, Berry & Sims PLC

OIG Offers Guidance for ASCs When Physician-Investors Fail the One-Third Income Test

Nearly 25 years ago, the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS) created a regulatory safe harbor to the federal Anti-Kickback Statute (AKS) for physician investment in...more

Hendershot Cowart P.C.

Investing In or Opening an Ambulatory Surgery Center? Beware of State & Federal Regulations

Hendershot Cowart P.C. on

Investment in ambulatory surgery centers (ASCs) is soaring. Physicians, hospitals, and health systems are attracted by the high margins, significant growth potential, payer influence, and efficient patient care. Beyond...more

Foley & Lardner LLP

Continuing Consolidation in Orthopedic Medicine

Foley & Lardner LLP on

Physician consolidation continued on a robust pace this past year, despite, or maybe because of, the Pandemic. Physician-owned orthopedic practices appear to be no exception to this trend. Interestingly, orthopedic...more

Rivkin Radler LLP

[Webinar] Lunch & Learn Series: Investing in ASCs: Compliance with the AKS and Extension of Practice Doctrine - December 9th,...

Rivkin Radler LLP on

This lunch and learn will explore the requirements under the Federal Anti-kickback Statute for investing in multi-specialty ambulatory surgery centers. It will introduce the extension of practice doctrine as it relates to...more

Bass, Berry & Sims PLC

OIG Permits Physician-Employer to Retain Profits from Anesthesia Services Provided by CRNA in Physician Office and ASC

Bass, Berry & Sims PLC on

A pain management practice that employs a certified registered nurse anesthetist (CRNA) to provide anesthesia services in both an office location and an ambulatory surgery center (ASC) owned, in part, by the physician-owner...more

Foley & Lardner LLP

New Advisory Opinion on ASCs: New Flexibilities (Or Not?)

Foley & Lardner LLP on

A recent advisory opinion issued by the Office of the Inspector General (OIG) has generated a great deal of buzz in the ambulatory surgery center (ASC) world. However, in some ways, the buzz is overstated and does not...more

Epstein Becker & Green

OIG Issues Favorable Advisory Opinion on Ambulatory Surgery Center Joint Venture

Epstein Becker & Green on

The U.S. Department of Health and Human Services’ Office of Inspector General (“OIG”) recently issued Advisory Opinion No. 21-02, regarding a joint investment by a health system, a manager, and certain surgeons in an...more

McGuireWoods LLP

OIG Advisory Opinion Allows ASC Joint Venture by Management Company and Hospital-Employed Physicians

McGuireWoods LLP on

On April 29, 2021, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion regarding the development and investment of an ambulatory surgery center (ASC) owned...more

Rivkin Radler LLP

OIG Issues Favorable Advisory Opinion On Hospital/Physician Joint Venture ASC

Rivkin Radler LLP on

In a recent advisory opinion, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) concluded that certain investments by a health system, manager and physicians in an ambulatory surgery center...more

Foley & Lardner LLP

Orthopedic Practice Recapitalizations: Critical Legal Issues

Foley & Lardner LLP on

With the pace of orthopedic medical practice recapitalizations showing no signs of slowing, it is appropriate to review certain of the most critical legal issues that any buyer considering a transaction must take into...more

Foley & Lardner LLP

INSIGHT: Physician-Hospital Surgical Center Joint Ventures—What Counsel Should Know

Foley & Lardner LLP on

Transactions for ambulatory surgical centers are on the rise, especially between hospitals and community physicians. Foley & Lardner’s Roger Strode examines reasons for the uptick and says careful structuring of these deals...more

Foley & Lardner LLP

Top Five Issues Related to Physician-Hospital ASC Joint Ventures

Foley & Lardner LLP on

The past several years have seen resurging interest in ambulatory surgery center (ASC) transactions. As previously covered in Health Care Law Today, ASCs have made a comeback with involvement of multi-specialty groups. This...more

Foley & Lardner LLP

ASCs Make Comeback with Multispecialty Ownership Groups

Foley & Lardner LLP on

Ambulatory surgery center (ASC) development and ownership has made a comeback after a number of years of stagnation due to an oversupply of centers and poor income growth. However, with significant changes in payment...more

Foley & Lardner LLP

Orthopedic Surgical Practice Recapitalizations: Six Relevant Considerations

Foley & Lardner LLP on

The past decade has seen a tremendous amount of private equity investment in physician practice recapitalizations, primarily in hospital-based practices such as anesthesiology and radiology as well as “retail medicine...more

Ruder Ware

Ambulatory Surgery Center Physician Exclusions - Reducing Risk of Forced Redemption of ASC Investment Interests

Ruder Ware on

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...more

Baker Donelson

OIG Calls PODs "Inherently Suspect"

Baker Donelson on

Making its most strongly worded statement to date, the Department of Health and Human Services Office of Inspector General (OIG) issued a Special Fraud Alert on Physician-Owned Entities on March 26, 2013, calling...more

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