At the Becker's ASC 21st Annual Meeting in Chicago on Oct. 25, Scott Becker, JD, CPA, shed light on three of the top legal issues impacting ambulatory surgery centers today.
1. Sale of shares. The sale of shares is an essential part of conducting ambulatory surgery center business. New physician investment is the key to financial health and sustainability, but theses sales are subject to restrictions and guidelines. "Under the Anti-Kickback Statute, you can't give anyone anything in exchange for referrals," said Mr. Becker. Therefore, all shares must be sold at fair market value, regardless of the number of cases a physician is expected to bring to the ASC.
2. False Claims. "The Affordable Care Act has been a thorough game changed for investigation into healthcare fraud," said Mr. Becker. "It redefines False Claims cases." Traditionally, a false claim was defined as billing for services not rendered, but under the PPACA is a kickback is given everything produced afterwards is considered a false claim.
3. Anesthesia relationships. "There are more and more False Claims cases related to anesthesia relationships," said Mr. Becker. Many ASCs have found ways to profit from anesthesia, but the government has commented negatively on these relationships. It is important to take prophylactic steps and understand safe harbors.