Ambulatory Surgery Center Acquisitions: Minimizing Compliance Risks

Meeting Regulatory Requirements and Avoiding Due Diligence Pitfalls

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, November 30, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 11, 2022

or call 1-800-926-7926

This CLE course will provide healthcare counsel with a review of the critical regulatory issues in acquiring ambulatory surgery centers (ASCs). The panel will offer guidance on structuring the arrangements and conducting due diligence.

Description

The healthcare industry has seen a resurgence of ASC acquisitions. Buyers can take steps to mitigate the risk associated with acquiring an ASC. Counsel to hospitals and healthcare systems involved in an acquisition should conduct a thorough due diligence review, including examining payments to physicians, reviewing fraud and abuse regulatory compliance, and auditing coding and billing.

Listen as our authoritative panel examines the regulatory issues facing those involved in acquisitions of ASCs and offers best practices for due diligence and addressing issues in operating/management agreements.

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Outline

  1. The transaction process nondisclosure/confidentiality agreement
    1. Negotiation of NDA
    2. Letter of intent/term sheet
    3. Definitive documents
    4. Closing
  2. Due diligence
    1. Compliance with applicable healthcare statutes and regulations
    2. Billing and coding audit and review
    3. Compliance with conditions of participation
    4. Licensure, CON, and accreditation
    5. Past or pending claims
    6. Antitrust considerations
    7. Other
  3. Deal structure
    1. Acquisition of all or substantially all of the assets of ASC
    2. Acquisition of ownership interests in existing ASC
      1. Stark Law "isolated transactions" exception
      2. Anti-Kickback Statute
      3. Post-closing arrangements
  4. Best practices

Benefits

The panel will review these and other key issues:

  • What are the critical legal concerns for hospitals and physicians considering acquisition or investment in an ASC?
  • What compliance risks related to the use of the ASC by the physician owners are faced by the ASC?
  • What are best practices for counsel in the due diligence process?

Faculty

Bernstein, Curtis
Curtis H. Bernstein, CPA/ABV, ASA, CVA, MBA

Partner
Pinnacle Healthcare Consulting

Mr. Bernstein specializes in providing valuation, transaction advisory, strategic and operational consulting services...  |  Read More

Lawley, LauraLee
LauraLee R. Lawley

Partner
McGuireWoods

Ms. Lawley focuses her practice on the healthcare industry, representing healthcare providers in mergers, acquisitions,...  |  Read More

Attend on November 30

Early Discount (through 11/11/22)

Cannot Attend November 30?

Early Discount (through 11/11/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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