We are well versed in the regulatory environment with respect to establishing ASCs, and in all aspects of their operational and legal needs post-establishment. Garfunkel Wild regularly counsels ASC clients in connection with:

  • Fraud and abuse issues, including compliance with the Stark law, Anti-Kickback Statute, and ASC safe harbors
  • ASC development
  • Joint-ventures with physicians, hospitals or health systems
  • Buying and selling of equity interests in ASCs
  • Certificate of Need and licensure issues
  • HIPAA compliance, including HIPAA privacy and breach notification issues
  • Compliance with Medicare Conditions for Coverage and Conditions of Participation
  • Medicare, Medicaid and private pay audits and appeals
  • Contractual and transactional arrangements
  • Operations, corporate governance, structural issues, and compliance policies
  • HR and employee issues