tci Medicare Compliance & Reimbursement - 2003 Issue 8

ASCs: MULTI-SPECIALTY PRACTICE FOUNDERS WITH ASC PROPOSAL

While recent advisory opinions suggest that there’s at least a little bit of wiggle room when it comes to skirting kickback issues arising out of hospital-medical group joint ownership of ambulatory surgical centers, ownership deals that drift too far from the hospital-physician ASC safe harbor are liable to founder. That’s what happened to the proposal scrutinized in the HHS Office of Inspector General’s latest advisory opinion (No. 03-5). Under the proposal, the ASC would be jointly owned by a hospital and a multi-specialty physician group. The problem centered on the fact that the group included doctors...

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