Becker's Healthcare October 26, 2023
Patsy Newitt

Here are three recent updates from federal entities that are affecting the ASC industry:

1. In October, HHS’ Office of Inspector General confirmed broad protection of employee safe harbor under anti-kickback laws in a recent ruling. The OIG was considering a proposed bonus pay for physician employees of a physician practice that operates two ASCs. Under the proposed methodology, physicians who performed procedures at the ASCs would receive 30% of the net profits from the ASC facility fee.

The ruling stated that although the methodology would violate anti-kickback law, it would be protected under the statutory exception and regulatory safe harbor for...

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