Biomedical subjects
Gary W Herschman
Publications and source records attributed to Gary W Herschman.
How to structure a compliant hospital-physician ASC.
Three recent advisory opinions issued by the HHS Office of Inspector General (OIG) provide insight into how the OIG is likely to view a proposal by a hospital and physicians to develop a jointly owned ambulatory surgical center (ASC). In assessing whether the proposed ASC meets the 13 requirements to qualify for the ASC safe harbor under federal fraud and abuse law, the OIG will likely insist that the arrangement strictly comply with some requirements, such as the one defining the necessary characteristics of physician owners, while allowing more leeway in compliance with others.
There's no profiting from a joint venture misadventure.
In St. David's vs. IRS, a not-for-profit health system effectively challenged the IRS's determination that the system should be disqualified from tax exemption because it had entered a 50/50 joint venture with a for-profit system. The court decisions in St. David's, coupled with a recent IRS ruling, Revenue Ruling 2004-51, provide insight into how a not-for-profit hospital can structure such a joint venture to avoid jeopardizing its tax-exempt status.
OIG 2003 work plan ready for SNFs.
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When QA documents are privileged.
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Keeping pain control out of the courts.
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Providers find safe harbor for discounts.
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