Ambulatory Surgery Center Acquisitions: Minimizing Compliance Risks
Meeting Regulatory Requirements and Avoiding Due Diligence Pitfalls
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- The transaction process nondisclosure/confidentiality agreement
- Negotiation of NDA
- Letter of intent/term sheet
- Definitive documents
- Closing
- Due diligence
- Compliance with applicable healthcare statutes and regulations
- Billing and coding audit and review
- Compliance with conditions of participation
- Licensure, CON, and accreditation
- Past or pending claims
- Antitrust considerations
- Other
- Deal structure
- Acquisition of all or substantially all of the assets of ASC
- Acquisition of ownership interests in existing ASC
- Stark Law "isolated transactions" exception
- Anti-Kickback Statute
- Post-closing arrangements
- 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
James Connors, III, MBA, ASA, CFA
Principal
Pinnacle Healthcare Consulting
Mr. Connors' professional focus has been geared toward providing business and securities valuation services to... | Read More
Mr. Connors' professional focus has been geared toward providing business and securities valuation services to enable clients to make better decisions and reduce their exposure to compliance issues. He has over 20 years experience in business valuation and financial consulting. Mr. Connors joined Pinnacle Healthcare Consulting in 2008 with focus on providing valuation opinions to support transactions for mergers, acquisitions and joint ventures in the health care industry.
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LauraLee R. Lawley
Partner
McGuireWoods
Ms. Lawley focuses her practice on the healthcare industry, representing healthcare providers in mergers, acquisitions,... | Read More
Ms. Lawley focuses her practice on the healthcare industry, representing healthcare providers in mergers, acquisitions, divestitures, joint ventures, corporate governance and regulatory matters. Her clients include hospitals, ambulatory surgery centers, dialysis centers and physician groups. Ms. Lawley also represents lenders in transactions involving borrowers in the healthcare industry.
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