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Hospital-Physician Integration Models |
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Written by Scott Becker, Bart Walker and Sarah Abraham
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Thursday, 17 January 2008 |
Many hospital systems, over the last several years, have tended to avoid the large scale employment of physicians or the acquisition of practices. This history resulted from many of the financial problems hospitals encountered from acquisitions and expansion in the 1990s. During that period, many systems literally bankrupted themselves due to practice acquisition and employment costs. Hospitals, for many reasons, including the need to assure coverage and the need to provide a wide range of services, are again acquiring practices and employing physicians.
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Establishing An Ambulatory Surgery Center - A Fifteen Issue Overview Primer |
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Written by Scott Becker
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Thursday, 17 January 2008 |
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These are several issues that need to be considered in establishing an ambulatory surgery center ("ASC"). A brief summary of several of the important issues is provided herein.
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Court Holds Joint Collaboration Relationship Between Two Hospitals Per Se Illegal |
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Written by Scott Becker & Richard Rappaport
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Thursday, 17 January 2008 |
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A recent decision rendered by the U.S. District Court for the Southern District of New York is likely to lead many health and hospital systems to restructure and review joint operating and joint collaboration agreements that they have entered into over the past several years. The decision, in State of New York v. St. Francis Hospital, Vassar Brothers Hospital and Mid-Hudson Health, is likely to have a particularly large impact in smaller and mid-size communities.
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Ambulatory Surgery Center Joint Ventures Involving Tax-Exempt Entities |
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Written by Scott Becker, Robert J. Pristave and Wendy McConnell
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Thursday, 17 January 2008 |
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This article provides an overview of the tax-exempt related issues for ambulatory surgery center joint ventures involving tax-exepmt entities. The article analyzes the key points of analysis of the guidance relased by the IRS, in particular General Councel memorandum 39862, Revenue Ruling 98-15, and Redlands Surgical Services v. Commissioner of the Internal Revenue Service. These key points include whether the venture results in private inurement to insiders and whether the venture furthers the charitable purposes of the tax-exempt entity. The article also provides practical guidance to analyze the documents and structure of the joint venture to ensure compliance with the IRS guidance. These practical considerations include, among other things, whether the charitable purposes of the tax-exempt entity are clearly expressed in the documents and whether the tax-exempt entity has sufficient control over the joint venture to ensure the charitable purposes are being adhered to.
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Ambulatory Surgery Centers - Current Legal Issues 2004 |
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Written by Scott Becker, Melissa Szabad, and Sofia Foltushansky
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Thursday, 17 January 2008 |
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This article discusses current issues related to ambulatory surgery centers ("ASC"). This month we review (1) safe harbor concepts under the ASC Safe Harbor; (2) serving out-of-network patients by ASCs; (3) selling shares to new ASC investors; (4) lease issues regarding new types of leases; (5) policies for non-convered procedures; (6) tax-exempt joint venture issues; and (7) antitrust price fixing issues.
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