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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Health

Date & Time
  • event Date

    Thursday, October 2, 2025

  • 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.

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MSRP
$297.00
$247.00
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Discount expires 8/1/25

This course is $0 with these passes:

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
Parker Poe Adams & Bernstein LLP

Ms. Lawley represents health care clients across a range of their legal needs, including mergers, acquisitions, divestitures, joint ventures, corporate governance, and regulatory and compliance issues. With more than 15 years of experience, she is adept at serving a broad sector of the health care industry, such as ambulatory surgery centers (ASCs), ASC management companies, physician groups and management services organizations, dental services organizations, veterinarian services organizations, and pharmacies. Ms. Lawley's health care clients also turn to her for counseling on the federal Anti-Kickback Statute, the federal Stark Law, and corporate practice of medicine, and licensure requirements.

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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

I. The transaction process nondisclosure/confidentiality agreement

A. Negotiation of NDA

B. Letter of intent/term sheet

C. Definitive documents

D. Closing

II. Due diligence

A. Compliance with applicable healthcare statutes and regulations

B. Billing and coding audit and review

C. Compliance with conditions of participation

D. Licensure, CON, and accreditation

E. Past or pending claims

F. Antitrust considerations

G. Other

III. Deal structure

A. Acquisition of all or substantially all of the assets of ASC

B. Acquisition of ownership interests in existing ASC

  1. Stark Law "isolated transactions" exception
  2. Anti-Kickback Statute
  3. Post-closing arrangements

IV. 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?