Our Ambulatory Surgery Center (ASC) Transactions Team combines deep industry knowledge with practical, business-focused solutions derived from experience with many dozens of ASC transactions across the country. We deliver tailored business-oriented strategies that align with each ASC's objectives and market dynamics.
Our Experience in ASC Transactions
Baker Donelson has extensive experience advising ASCs of all sizes nationwide on a vast array of strategic transactions to position them for success, including:
- Sales, divestitures, and consolidations with national management companies, investors, and private equity-backed platforms
- Acquisitions of ASCs by buyers of all sizes, including large ASC networks and chains
- Mergers and consolidations with hospital systems and joint venture partners
- Syndication with physicians and other investors
- ASC and office-based labs (OBL) development/formation among physicians in different specialties (and investors)
Regulatory Compliance
Our team has decades of experience navigating the complex regulatory requirements that affect ASCs and play a critical role in due diligence for these transactions. Our attorneys provide guidance on:
- Anti-Kickback Statute compliance and similar state laws, including financial relationship structuring, referral arrangements, ASC safe harbor provisions, and compliant buy-ins and redemptions
- Certificate of need and licensing regulations for each state
- Accreditation and survey issues
- Medicare and Medicaid regulations, including billing, documentation, provider enrollment, change of ownership, and reimbursement requirements
- State health care transaction review laws, which can elongate the sign-to-close period and introduce regulatory risk into the dealmaking process
- HIPAA compliance, including business associate agreements, cybersecurity policies, and breach notification requirements
- Federal and state employment and benefits laws, including overtime laws, family leave laws, anti-discrimination laws (disability/Americans with Disabilities Act, racial, age, gender, etc.), and ERISA/benefit plan compliance