The Fraud and Abuse Statute and Investor-Owned Ambulatory Surgery Centers

Written by Scott Becker & Nicholas Harned | January 17, 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. Download the low resolution pdf here.

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