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…
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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.
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…
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,…
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…
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Scott Becker, JD, CPA, a partner in the national law firm of McGuireWoods, practices exclusively in the area of health care. A 1989 Harvard Law School graduate, author of four books, and a leader in the healthcare profession, Scott Becker…
The establishment, marketing and operation of an ambulatory surgical center ("ASC") is subject to various federal and state laws. The laws concern the kickback, rebate or division of fees between physicians and non-physicians, the recept or offering of remuneration as…
This article focuses on buyers of majority interests in ambulatory surgery centers. Currently, there are three public company buyers of majority interests in ASCs, and four private company buyers that fit in this category. These are the companies that generally…
For many healthcare companies, when it is time to sell or refinance their business, finding an investment bank that fits the needs, philosophies and goals of the seller can be an important component for success during the sale/refinance process.
The last several years have been an outstanding time for surgery centers. There has been explosive growth in the overall industry and in the number of surgery centers. There have also been a great number of developments that have been…