On Demand: Physician Ownership in Cardiac ASCs: Understanding the Current Legal Landscape-Webinar Recording

Video Transcription

Video Summary

In this video webcast, hosts Joel Sauer from MedAxiom and Jim Daniel of Hancock Daniel explore the legal issues surrounding physician ownership of Ambulatory Surgery Centers (ASCs), particularly focusing on the complexities of the federal anti-kickback statute. The discussion includes key regulatory elements like safe harbors and the employment exception under kickback statute regulations. Jim explains how these legal frameworks affect physician investment structures, emphasizing the complexity of achieving compliance. They delve into advisory opinions, especially ones pertinent to cardiology groups, highlighting their implications on ASC ventures. Jim evaluates the potential for carving successful physician engagement in ASCs without violating the kickback statute, weighing options like employee compensation models through practices. The session underscores the difficulty in perfect compliance with existing safe harbors but also hints at new approaches that might balance legal and business goals better. The webcast also discusses mechanisms such as employment compensation linked to ASCs and the role of value-based care principles, potentially paving the way for broader physician participation without legal pitfalls. Overall, the webcast offers crucial insights into optimizing ASC ownership within legal boundaries while maintaining profitable and ethical operations.

Keywords

Ambulatory Surgery Centers

anti-kickback statute

physician ownership

safe harbors

employment exception

compliance

advisory opinions

value-based care

physician investment