Can ASCs Profit From Anesthesia? Points on OIG Guidance

At the 11th Annual Spine, Orthopedic & Pain Management-Driven ASC Conference on June 14, Michael Simon, MD, regional director of North American Partners in Anesthesia, and Melissa Szabad, partner at McGuireWoods, discussed anesthesia models in ASCs.

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In a session titled “Can ASCs Still Profit From Anesthesia? A Review of OIG Guidance, Models and Risks,” the panel, moderated by Scott Becker, JD, CPA, partner at McGuireWoods, outlined problems and possibilities with anesthesia arrangements.

Ms. Szabad focused on recently released OIG opinions on two models for ASC ownership of anesthesia services. One model was the company model, where surgeon owners of an ASC set up a subsidiary, and the subsidiary would contract with the anesthesia group to provide all of its services. The second model was still an independent contractor model, but the ASC would charge a per patient management fee, with the exception of Medicare and Medicaid patients.

There are no clear-cut answers as to what’s acceptable to the government and what is not. However, ASCs have a few basic guidelines to stay within.

“It’s a complex issue,” Dr. Simon said. “I hate to think of anesthesia viewed as a profit center. An anesthesia group should be viewed as a partner in making the center profitable and as a resource for good management and good quality care.”

Dr. Simon encouraged ASC owners to look for anesthesia groups to partner with that are well rounded in providing top care and quality management. Motivation for the partnership is also the factor.

“There is definitely a risk factor,” Ms. Szabad said. “There is not a dividing, bright line. When surgeons set up different models, if they are outsourcing everything related to anesthesia, then I would have a lot of concern with that.”

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