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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…

Physician ownership in hospitals and ambulatory surgery centers remains a relatively surefire method of protecting a portion of a facility's revenues. Implementation of a plan to broaden physician ownership requires compliance with legal and regulatory schemes. This article discusses the…

The Center for Medicare and Medicaid Services ("CMS"), on September 5th, published a final rule implementing Phase III of Part II of the Stark Act (the "Stark III Regulations"). CMS, in addition to revising certain elements of the Stark Act,…

The market for selling a surgery center remains very hot as several companies continue to buy surgery centers. Further, a great number of owners of surgery centers increasingly express interest in selling a portion of their surgery center to obtain…

This article provides an overview of fourteen legal issues that impact the development of surgical and specialty hospitals.

This article provides an overview of several issues facing the orthopedic-driven ambulatory surgery center and specialty hospital development industry. The article specifically then reviews certain key business drivers to industry growth, examines key risks related to ASC and specialty hospital…

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…

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When tax-exempt entites invest in joint ventures, they generally desire to treat income derived from such ventures as exempt from income tax. Over the last few years, healthcare lawyers have been provided with a great deal of guidance relative to…

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…