Ambulatory Surgery Center Compliance Legal Practice
Ruder Ware has developed an active practice counseling ambulatory surgery center providers and has served as special counsel in several cases involving ambulatory surgery center exclusions. The firm’s health care and compliance attorneys are knowledgeable on the numerous legal and regulatory requirements that are applicable to ASCs. The regulations applicable to these entities are complex and nuanced. The consequences of failing to comply or with taking improper steps to exclude providers can be very costly.
Some of the issues that our health care practice has recently addressed include the following:
- Counseling ASC’s on the application of the Stark law, Anti-Kickback Statute, and ASC safe harbor issues.
- Advising and representing providers on issues relating to conditions of participation and governmental surveys.
- Representing organizations in preparing and submitting self-disclosure to the government.
- Development of ASC investment entities.
- Establishment of ASC compliance programs
- Decisions regarding exclusion of “under-performing” providers.
- Structuring exclusion provisions to minimize risk of violating regulations or enhancing the risk of litigation.
- Sale and purchase of surgery centers.
- ASC licensure and governmental approval.
- Compliance with patient confidentiality and privacy laws.
- Risk assessment, audits, compliance work plans, staff compliance training.
- Contractual relationships with outside parties.
Ambulatory Surgery Center Lawyers – Ambulatory Surgery Center Lawyers
Ambulatory Surgery Center Attorney
John H. Fisher has practiced health care law for over 25 years. One of John’s significant areas of expertise involves the regulatory and business aspects of ambulatory surgery centers. Over the years, John has represented numerous clients on legal and compliance issues related to ambulatory surgery centers. John consults as a subject matter expert and provider legal backup to other attorneys and law firms from around the country on issues relating to ambulatory surgery centers. Some of John’s more recent ASC related projects include:
- Representation of an ASC in connection with the exclusion of non-complying owners.
- Representation of excluded providers in litigation and settlement.
- Creating operating documents that comply with ambulatory surgery center safe harbors and other applicable regulatory requirements.
- Creation of policies and procedures required to gain certification as an ASC.
- Consultation with local litigation attorneys regarding regulatory issues relevant to ASC litigation.
- Consultation with ASCs on establishment of compliance programs and identification of related risk areas.
- Assisting ASC providers in addressing detected deviations in operating and compliance requirements.
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Source: Health Law Blog