ASC, anesthesia provider relationships risk violating anti-kickback laws — 3 insights

Angie Stewart - Print  |

Certain relationships between ASC and anesthesia service providers create compliance issues related to anti-kickback laws, according to healthcare law firm Nelson Hardiman.

Here are three takeaways:

1. In ASC-anesthesia services arrangements, the transfer of anything of value from the anesthesia provider to the ASC or ASC owners must be carefully reviewed "to determine whether it unduly influences the selection of the anesthesia provider's services," according to Nelson Hardiman.

2. ASCs provide anesthesia services to patients through three models:

3. An ASC can provide billing and collection services for an anesthesia provider, but it must do so at fair market value. If an ASC retains excessive revenue or doesn't provide a substantial service to the anesthesia provider, the entities risk running afoul of anti-kickback statutes.

Read more about compliance concerns here.

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