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Ambulatory Surgery Centers

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Baker Donelson's health law attorneys have the experience necessary to help clients navigate the complicated legal and regulatory environment surrounding ambulatory surgery centers.

Why Baker Donelson?

More than 200 attorneys and advisors serving the health care sector
Ranked as a top health law firm by Modern Healthcare, U.S. News – Best Lawyers, Chambers USA, ABA, and AHLA
Extensive experience working with HHS, CMS, DOJ, FEMA, and other federal government agencies
5 former American Health Law Association presidents who served while practicing at Baker Donelson

Featured Experience

Represented two ambulatory surgery centers in redemption of a minority interest held by a publicly-traded company.

Represented a regional nonprofit health system in purchasing an ambulatory surgery center joint venture and its conversion to provider-based status.

Practice Overview

With advances in technology and medicine making surgery safer and recovery times shorter, physicians are increasingly performing ever more complex procedures outside traditional hospitals, in facilities know as ambulatory surgery centers (ASCs) –  facilities that offer surgery and diagnostic procedures exclusively on an outpatient basis. Most centers serve a single specialty; ophthalmology, gastroenterology, orthopedics, urology and pain management are the most common, according to the Ambulatory Surgery Center Association.

Physicians now perform a wide array of procedures in ASCs, including colonoscopies; cataract surgery; biopsies; orthopedic repair of knees, ankles, shoulders and hips; ear, nose and throat procedures; hernia repair; hysterectomies; and plastic surgery. Even some heart procedures are migrating to ASCs.

From a legal standpoint, little about an ASC is uncomplicated. Through Medicare, the federal government imposes extraordinarily detailed guidelines for everything from room sizes to emergency preparedness and staffing. And each specialty raises unique legal, financial and operational questions.

In addition to worrying about health care-specific laws and regulations such as the federal Anti-Kickback Statute, ASCs must address complicated legal questions involving reimbursement by and contracts with managed care providers. All states have their own licensing requirements; many also have a Certificate of Need (CON) process that requires providers to demonstrate there is a need for their service in a given market area.

For hospital-affiliated ASCs, IRS rules on tax-exempt status often come into play. And finally, ASCs must confront the same legal challenges as every business – employee benefit issues, real estate issues, income and franchise tax issues, supply agreements and general governance issues (i.e., bylaws, operating agreements and partnership agreements).

Baker Donelson’s health law attorneys have represented hospitals, physicians, corporations and other business entities in developing and acquiring both general and specialty ASCs, including women's health, general surgery, ophthalmology and urology centers. We have broad experience working with ASCs on numerous types of transactions, including structuring acquisitions, mergers, joint ventures and other types of transactions; developing contractual relationships; addressing state and federal regulatory issues, including CONs; handling state and federal securities issues; coordinating syndication to potential investors; obtaining financing; developing medical staff bylaws; and obtaining Medicare certification and private accreditation, among others.

When it comes to ASCs, there is no substitute for experience, whether in medicine or law. Baker Donelson's health law attorneys have the experience necessary to help clients navigate the complicated legal and regulatory environment surrounding ASCs.

The healthcare practice is top-notch. They are very knowledgeable people who stay on top of developments nationally.

The team doesn't give up when the going gets tough. They have been available and responsive to our needs without exception.

It is a large firm with a national healthcare practice, with a focus on representing providers. My impressions have only been positive – all the lawyers are very capable.

Baker Donelson has an incredibly deep bench of talented healthcare lawyers that cover every corner of the healthcare industry – transactional, regulatory, privacy, information security, fraud and abuse.

Baker Donelson has 'talented healthcare lawyers who cover every corner of the healthcare industry.'

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