Scott Becker

Scott Becker - photoScott Becker, JD, CPA, a partner in the national law firm of McGuireWoods, practices exclusively in the area of health care. A 1989 Harvard Law School graduate, author of four books, and a leader in the healthcare profession, Scott Becker provides legal and strategic services to ASCs. Clients include hospitals, physicians, venture capital funds and management companies.

Scott Becker's core clients that he provides services to at McGuireWoods include ambulatory surgery centers, tax exempt and for profit hospitals, national and regional companies that own and operate multiple hospitals and ASCs, physician owned hospitals, physician owned ASCs, private equity funds which invest in health care companies and large medical groups. Mr. Becker exclusively provides legal, advisoryand strategic counseling and services through McGuireWoods LLP.

Mr. Becker is co-chairman of McGuireWoods' Health Care Department. He practices exclusively in the health care regulatory and transactional area. He devotes his efforts to surgery center, hospital and health care provider related transactions, joint ventures, securities, contracting and regulatory matters. He provides counsel to hospitals, ambulatory surgery centers, surgical hospitals, pharmaceutical companies, multi and single specialty medical practices, and a wide variety of health care industry entrepreneurs. He provides service on a national basis to privately held and publicly traded companies relating to health care transactional and regulatory matters, including counsel under the Medicare/Medicaid Fraud and Abuse Statute, the Stark Act, and the Internal Revenue Code Sections 501(c)(3) and c(9).

During the past several years, Mr. Becker has devoted a substantial majority of his time and efforts related to ambulatory surgery centers and to hospitals and health systems. His efforts have included structuring ambulatory surgery center joint ventures; providing legal opinions regarding the 501(c)3, fraud and abuse statute, self referral and Stark implications of surgery center business and physician relationships; drafting and implementing private placements and joint ventures of surgical centers; procuring Certificate of Need determinations; reviewing reimbursement related issues; reviewing antitrust issues; negotiating business contracts; drafting and implementing compliance plans; negotiating private equity investments; and providing advice and counsel on a broad range of business and legal issues. He also has worked with magnetic resonance and other imaging facilities, as well as with cardiac catheterization facilities.

Mr. Becker exclusively provides legal and counseling services through McGuireWoods. He is not separately available for hire. Mr. Becker over the years has provided counsel to hundreds of physician-owned ASCs, served on the boards of directors of a few companies in the ASC business, served as general counsel to several management and development companies, and has invested directly in a small number of ASCs, owning very small interests therein — usually 0.25 to 2 percent (on the very high side). When Mr. Becker has invested in an ASC, he pays for any units in cash (he cannot trade interests for advice or services of any sort), he discloses it fully to the partners, and the partners have independent counsel review and negotiate the agreements. Mr. Becker does not seek investment opportunities, nor does he own interests in any management and development companies with the exception of one (in which he owns a very small amount) with a very limited focus that is generally not competitive with any other management company Mr. Becker works with on a regular basis. Mr. Becker has purposely chosen not to invest in other ASC management companies.

Understanding the business side of ASCs through these roles has been invaluable to Mr. Becker in advising clients and in developing a high-quality and insightful publication. You cannot know the business in the way an advisor might know it until you, like Scott Becker, have lost all of one's investment in a couple of early investments. It is hard to create the same insight as solely an advisor and not in part being a participant. He is very, very thankful and proud to have the chance to work closely with many of the best physician leaders, best leaders and finest administrators in the ASC business.

77 West Wacker Drive
Suite 4100
Chicago, Illinois 60601-1815
Phone: (312) 750-6016
Fax: (312) 920-6135
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Department
* Health Care

Practice Areas

* Health Care
* Private Equity
* Life Sciences Industry Team

Firm Management
* Co-chair, Health Care Department

Education
* Harvard Law School, Cambridge, Massachusetts, J.D., 1989
* University of Illinois, B.S. Finance and Accounting, 1986

Honors
* Named One of the “Best Lawyers in America," Woodward/White, Inc., 2007

Previous Experience
* Partner, Ross & Hardies, Chicago, Illinois, 1992-2003

Publications
* "Ensuring Transactions Don’t Come Back to Haunt You,” Co-authored with Ron Lundeen, Buyouts, December 18, 2006
* "Hospital Tactics – ‘Friendly’ and ‘Not-So-Friendly’ Competition," Co-authored with Alison Vratil Mikula, Health Care Law Monthly, September 2006
* "Nine Essential Elements of a Partnership Agreement," Co-authored with Alison Vratil Mikula, Outpatient Surgery News, April 2006
* "Developing an Ambulatory Surgery Center: Understanding the Key Legal Issues and the Essential Elements of an ASC Operating Agreement," Co-authored with Alison Vratil Mikula and Ron Lundeen, Health Care Law Monthly, April 2006
* "Hospital and Health Systems: The Best of Times and the Worst of Times," Co-authored with Elissa Koch Moore, The Journal of Health Care Finance, Spring 2006
* "How to Avoid A Surprise in a Healthcare Buyout? Here Are 11 Steps to Better Due Diligence," Co-authored with Alison Vratil Mikula, The Deal, January 30–February 5, 2006
* "Evolving Health Care Issues: A Primer on 14 Key Issues Facing Providers," Co-authored with Elissa Koch, Health Care Law Monthly, November 2005
* "Orthopedic-Driven Ambulatory Surgery Centers & Specialty Hospitals: A Physician & Hospital Perspective," Co-authored with Amber Walsh, Health Care Law Monthly, October 2005
* "How to Bill for Pathology Services," Outpatient Surgery Magazine, September 2005
* "Physician-Hospital Joint Ventures: Current Issues & Structures," Co-authored with Elissa Koch, Health Care Law Monthly, August 2005
* "An Overview of Federal Laws & Regulations Governing Ownership In & Reimbursement for Ambulatory Surgical Centers," Co-authored with Amber McGraw Walsh, Health Care Law Monthly, February 2005
* "CMS Releases Stark Act Final Rules — A 25 Point Primer" (co-authored with Krist Werling), McGuireWoods LLP, September 30, 2004
* "Bracing For a Medicare Clampdown on Specialty Hospitals," Outpatient Surgery News, August 2003
* "Managing the Hospital Legal Department—Combining Quality and Efficiency" (co-authored with Krist Werling), Chicago Hospital News, August 2003
* Author, "Health Care Law: A Practical Guide," Matthew Bender Lexis
* Author, "Ambulatory Surgery Centers: Legal and Regulatory Issues," 1st and 2nd Edition, American Health Care Association
* Author, "Protecting Your ASC; a Legal Primer," FASA
* Author, "A Physician's Managed Care Success Manual," Moshy Publications
* Health Care Joint Ventures
* Ambulatory Surgery Center Joint Ventures
* Introduction to Owned Ambulatory Surgery Centers and the Fraud and Abuse Statute
* Improving the Profitability of an Ambulatory Surgery Center
* Balancing Community Center Benefits with Pretrial Guidance
* "6 Steps to Negotiating Safer Corporate Partnerships," Outpatient Surgery Magazine, July 2003
* "Legal Compliance - Five Current Concepts for the Hospital CEO," Chicago Hospital News, May 2003
* "Six Keys to Compliance," Chicago Hospital News, April 2003
* "Hospitals Examine Competitive Alternatives to Physician Owned Facilities," Chicago Hospital News, March 2003
* "Rough Stuff," Cover Story, Outpatient Surgery Magazine, March 2003
* "Compliance with the Final HIPAA Regulations - Outline Primer for Health Care Providers," Federal Register, December 28, 2000

Certifications
* CPA, Illinois

Admitted
* Illinois 1989
* Wisconsin 2000

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