Outpatient Surgery Magazine

Queasy Feeling - April 2017 - Subscribe to Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

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at the center can be construed as requiring additional referrals in order to maintain a flow of remuneration. This creates what we call in the law business a "bad fact." Many operating agreements governing the rules relating to ASC ownership can create legal compliance risk. It's critical to establish procedures for excluding providers in advance. The procedures should include an analysis of the risk of violating the AKS rather than reliance on the safe harbors. Exclusion standards must be uniformly followed and can't raise any inference that additional referrals are required to maintain an investment interest. It's easy to turn efforts to bring investors closer to compliance with safe harbor standards "inside out" by characterizing them as a demand for additional refer- rals. Investors who perform more surgeries or higher-value procedures might feel the lagging investors are taking a ride on their efforts. But once investors own interests in an ASC, it's very difficult to force redemption without creating significant legal risk. Unless, that is, you've created the appropriate process in advance. OSM Mr. Fisher (jfisher@ruderware.com) is a healthcare attorney at Ruder Ware in Wausau, Wis. Legal Update LU 3 0 • O U T PA T I E N T S U R G E R Y M A G A Z I N E • A P R I L 2 0 1 7 Once investors own interests in an ambulatory surgery center, it's very difficult to force redemption without creating significant legal risk.

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