Legal Implications for Converting
Ambulatory Surgical Centers
and Diagnostic/Therapeutic Facilities
CD of a Teleconference with an Q&A
|
The Centers for Medicare and Medicaid Services (CMS) proposed and enacted changes in Medicare payment in August 2006 that are likely to encourage more hospital-physician joint ventures in the areas of ambulatory surgical centers (ASC) and medical imaging facilities.
The Medicare payment changes would substantially reduce payment for procedures performed by specialists at ASCs, encouraging conversion to a hospital-based site to offset some of the facility costs and benefit from higher hospital-based payment rates.
Moreover, the Deficit Reduction Act of 2006 caps reimbursement for certain imaging services provided in physician offices after January 1, 2007, making joint ventures with hospitals more promising options for medical imaging.
Listen as our panel of legal specialists review the advantages and disadvantages of hospital-physician jointly owned ASC and medical imaging facilities, including tax exemption considerations, Stark law issues, and Anti-kickback statutes.
The panel includes:
D. Louis Glaser, Partner, Sonnonschein, Nath & Rosenthal, LLP, Chicago, is a member of the firm's health care practice group, focusing on corporate, transactional and regulatory health care law. He represents hospitals, HMOs, pharmaceutical companies, and physicians and handles mergers, joint ventures and other corporate transactions.
Joshua M. Kaye, Partner, McDermott Will & Emery, Miami, FL, represents physicians and non-physicians in the development and delivery of cutting-edge business models in the health care industry. He is chair of the firm's Health Transactions Affinity Group and frequently lectures on health care transactional and regulatory issues affecting health care providers.
Mark B. Langdon, Counsel, Sidley Austin LLP, Washington, DC, is a member of the firm’s Health Care group. His clients have included hospitals, ambulatory surgical centers, and imaging centers. He is a nationally recognized professional in the field of health care fraud and abuse and reimbursement, and speaks and publishes frequently on the subject.
The panelists addressed such key questions as:
- What are the Medicare payment changes and how do they impact ASCs and diagnostic and therapeutic facilities?
- What are the common business models for hospital-physician ventures - and what are the advantages and disadvantages of the different models?
- What are the legal implications for entities and doctors considering participation in hospital-physician joint ventures?
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