Distribution of Facility Profits to Owners & Should Same Corporation Own ASC and Practice: Q&A With Scott Becker

Scott Becker, JD, CPA, is a healthcare attorney and a partner in the national law firm of McGuireWoods.

Q: What are the most common ways ASCs determine and distribute the ASC facility profits among owners — do owners buy/have shares and are profits distributed by percentage of ownership?

Scott Becker: ASCs distribute facility profits based on the percentage of ownership the owners have in the facility. It is generally not legal to split the profits based on the value of business generated instead of the ownership. It is also highly suspect to split up or reallocate the ownership either based on expectations of referrals or past history of referrals.

Q: Should my ASC be owned by the same corporation as my practice?

Scott Becker: Generally an ASC is owned by a different corporation than the practice. There may be situations where ownership under the same entity may make sense due to a CON exemption or safe harbor situation.

If you have further questions, please contact Scott Becker at sbecker@mcguirewoods.com.

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