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Blog Discusses Per-Click and Physician or Vendor Kickback Arrangements |
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Written by Staff
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Monday, 19 May 2008 |
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Cataract Outsourcing, an online, peer-reviewed general
medical journal providing information about cataract surgery, has posted a
story discussing whether a facility should enter into arrangements such as “per-click”
and physician/vendor kickback agreements.
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California Licensure and Accreditation Concerns -- Ambulatory Surgery Centers |
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Written by Gretchen Townshend, JD, and Amber Walsh, JD
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Tuesday, 06 May 2008 |
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A California court case in combination with action by the state Department of Health prohibiting the department from issuing licenses to ASCs has created some confusion regarding whether ASCs must be licensed or accredited or both to operate in California. This article briefly describes how wholly and partially physician-owned ASCs and non-physician-owned ASCs are likely to be treated in the aftermath of the case and department action. |
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N.J. Decision May Cause Big Challenges for State's Physician-Owned ASCs |
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Written by Scott Becker
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Tuesday, 06 May 2008 |
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A new case (Endo Surgi Center v. Liberty Mutual Insurance Company), in the aftermath of the original Garcia v. Health Net of New Jersey (also known as the Codey Case), may spell larger problems for New Jersey-based surgery centers. Endo Surgi Center holds that a New Jersey payor need not pay a physician-owned ASC that operates out of compliance with the Codey Act. |
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USP 797 and Its Effect on ASCs |
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Written by Brian Williamson, PharmD
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Monday, 28 April 2008 |
By now, you have probably heard about USP 797 or simply 797. If you are
at all involved in anesthesia, you are also probably generally aware of
what 797 is all about. But it’s a big issue with many facets, so
regardless, you may be wondering when, what, who, where and how this
will affect your ASC. Here is a brief overview of 797 and the impact it
will have on daily operations within ASCs.
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Georgia Streamlines CON Law, Opens Door for General Surgery ASCs |
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Written by Stephanie Wasek
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Wednesday, 09 April 2008 |
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A bill that makes Georgia's certificate of need process less cumbersome and redefines general surgery as a "single specialty" was signed by the governor April 9. The law takes effect July 1. |
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Four Cornerstones to Strategic Planning for ASCs |
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Written by Scott Becker, JD, CPA, and Nancy Temple, JD, CPA
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Thursday, 31 January 2008 |
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This article provides insight into four different concepts to strategically attack and manage operations in a surgery center. The four cornerstones are derived from a Harvard Business Review article, "The Four Principles of Enduring Success."1 The author, Christian Stadler, studied successful European corporations to determine why they have consistently performed well as compared to peers in their industry. His study identified four characteristics of the best companies:
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The Fraud and Abuse Statute and Investor-Owned Ambulatory Surgery Centers |
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Written by Scott Becker & Nicholas Harned
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Thursday, 17 January 2008 |
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This article discusses the Medicare and Medicaid Anti-Kickback Statute (the "Anti-Kickback Statute") safe harbors for ambulatory surgery centers in the context of investor-owned ambulatory surgery centers ("ASCs"). The article provides a brief overview of the Anti-Kickback Statute, discusses the ASC safe harbor, and provides an overview of a number of recent Advisory Opinions issued by the Department of Health and Human Services Office of Inspector General ("OIG") relative to ambulatory surgery centers. Finally, it discussses current issues that are currently arising out of the ASC safe harbor and provides guidance to surgery centers relative thereto.
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Surgical and Specialty Hospitals |
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Written by Scott Becker & Nicholas Harned
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Thursday, 17 January 2008 |
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This article provides an overview of fourteen legal issues that impact the development of surgical and specialty hospitals.
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The Use of Internal Investigations |
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Written by Scott Becker & Krist Werling
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Thursday, 17 January 2008 |
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Over the last few years, it has become increasingly clear that health care provider boards of directors and lead executives can be liable for the misdeeds of employees and management of the companies. For example, if an employee in charge of business development forms financial relationships with referring physicians, the liability for improper payment or recruitment incentives can lead back to the executive suite or the boardroom. Further, as a hospital's Chief Financial Officer develops means by which patients will be billed, whether for governmental programs, uninsured patients, or private payors, and these payment schemes end up raising legal concern, the fallout can reach the highest levels of the hospital system.
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Legal Issues
