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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…

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…

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…