ASC Joint Ventures: Deals Are Still Possible!

Event Information
Product Format
Prerecorded Event
60 minutes
Product Description

Understanding the Essence of Regulatory Constraints over Joint Ventured ASCs

Ambulatory surgery centers (ASCs) seem to have a charmed life when it comes to joint venture arrangements. Due to certain exceptions in fraud and abuse, self-referral and many state laws, there remains flexibility in structuring deals among doctors, hospitals and/or proprietary companies, even though similar ventures are mostly gone in other health care settings. Nevertheless, ASC joint ventures still need careful planning and structuring and need to include terms that meet legal scrutiny.

For example, the legal and ownership structure of a joint ventured ASC may be restricted due to regulatory constraints. In some cases, physicians may need to own a majority interest; in others they can hold a minority position. Sometimes a professional entity is required, or at times other legal structures are possible. From there, deal details such as investment and valuation terms, compensation terms, equity participation, management control and other post-acquisition issues must be carefully addressed among the physician and other players. Likewise, if diagnostic imaging or other ancillary service referrals occur, deals may need to be structured to avoid applicability of laws that might not ordinarily apply.

Join the live audio conference by expert speaker Wayne J. Miller, Esq., who will outline the types of ASC ventures that remain popular today, how they may fulfill legal and structural requirements, and focus on areas that should be addressed early on in the planning process in order to avoid regulatory problems later on.

Session Highlights:

  • Pros and cons of different structures: professional corporation, LLC, etc.
  • Can doctors invest, and under what terms?
  • Deals within a deal: real estate, equipment, related services
  • Critical contract points: payment, representations, business covenants, etc.
  • Required terms to avoid regulatory problems
  • Management control, profit shares and other terms that can trip up a deal
  • Anticipating how to “undo” or restructure a deal

Who should attend?

  • Hospital Management
  • Physicians
  • Physician Groups
  • ASC Investors
  • Physician Office Management
  • Health Care Consultants

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About Our Speaker

Wayne J. Miller - Healthcare Compliance Expert

Wayne J. Miller, Esq., is a founding partner of the Compliance Law Group, Los Angeles, a law firm focused on health care industry legal compliance for clients nationwide. Wayne has practiced healthcare business and regulatory law throughout his 30-year career. His firm represents a wide range of healthcare industry clients throughout the nation. He is a frequent speaker for The Coding Institute national teleconferences on healthcare reimbursement, transactional and regulatory...   More Info
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