How to structure a compliant hospital-physician ASC.
Three recent advisory opinions issued by the HHS Office of Inspector General (OIG) provide insight into how the OIG is likely to view a proposal by a hospital and physicians to develop a jointly owned ambulatory surgical center (ASC). In assessing whether the proposed ASC meets the 13 requirements to qualify for the ASC safe harbor under federal fraud and abuse law, the OIG will likely insist that the arrangement strictly comply with some requirements, such as the one defining the necessary characteristics of physician owners, while allowing more leeway in compliance with others.
Herschman
Gary W
GW
Health and Hospital Law Practice Group, Sills Cummis Epstein & Gross P.C., Newark, N.J., USA. gherschman@sillscummis.com
D005607:Fraud / Q000331:legislation & jurisprudence; D019983:Guideline Adherence; D006759:Hospital-Physician Joint Ventures / Q000331:legislation & jurisprudence / Q000458:organization & administration*; D013531:Surgicenters / Q000331:legislation & jurisprudence / Q000458:organization & administration*; D014481:United States; D014483:United States Dept. of Health and Human Services