BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Health

Date & Time
  • event Date

    Wednesday, November 30, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

LauraLee R. Lawley
Partner
Mcguire Woods LLP

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. 

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
James Connors
Principal
Pinnacle Healthcare Consulting

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.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

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.

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?