Ambulatory Surgery Centers


GW represents dozens of ASC clients in New York, New Jersey and Connecticut, including some of the largest facilities in the tristate area. Many of these relationships date back 15 years or more. Our attorneys have the experience to provide advice on a wide range of issues impacting ASCs – whether your facility is still in the planning stages, or you are wrestling with current day-to-day regulatory or operational issues or disputes with third-parties.

Pre-Formation and Formation Services. ASC formation involves a series of steps, including the drafting of various agreements and organizational documents, as well as assistance with obtaining regulatory approvals. Services we provide include:

  • Preparation of Organizational and Governing Documents that meet DOH standards
  • Review of Administrative Services Agreements, Billing Agreements, Consulting Agreements
  • Work with a CON or licensure consultant for preparation of initial application
  • Survey preparedness
  • Preparation of employment manual
  • Preparation of operational policies and procedures

Finance and Real Estate. We provide advice to ASC clients concerning financing and real estate matters, including the review and negotiation of:

  • ASC space leases
  • Loan documents for third party financing
  • Construction agreements
  • Equipment leases and software agreements

Compliance/HIPAA. We provide compliance advice and representation to ASC clients, including:

  • Advice on Anti-kickback and Stark issues and State regulatory issues
  • Assistance with responses to regulatory audits
  • Preparation and/or review of HIPAA policies and Business Associate Agreements
  • Assistance with responses to HIPAA breaches

Corporate. We provide general corporate legal services that may be required by ASCs, including:

  • Preparation of syndication documents for incoming owners
  • Preparation of buy-out documents for outgoing owners
  • Sale of minority and majority interests to institutional buyers
  • Assist with amendments to CON or license
  • Drafting and negotiation of employment agreements
  • Attendance at board meetings when necessary

Managed Care. We represent ASCs in all aspects of managed care, including:

  • Review and negotiation of participation agreements with third-party payors
  • Advice and representation in contract and payment disputes with third-party payors
  • Assistance with responses to audits by third-party payors
  • Advice regarding clinical integration

Litigation & Arbitration. Our attorneys have successfully represented many ASC clients in a wide range of disputes, including:

  • Advice and enforcement of restrictive covenants
  • Shareholder/member disputes
  • Employment/HR issues
  • Governmental (OIG/DOH) investigations and payor audits
  • Disputes with vendors, service providers, landlord, etc.

Whatever your needs, GW is on your side.