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Outpatient Surgery E-Weekly

Contact Congress Over Drug Shortage Issues

A Kentucky congressman is urging surgical facilities to contact their members of Congress and request that they sign his letter demanding changes to...

N.J. Posts ASC Inspection Reports Online

State and federal inspection reports of New Jersey's ASCs are now available online, giving patients an opportunity to make more informed choices abo...

Are Opioids Necessary?

While it's not always practical, or even possible, to eliminate opioids from your post-op pain management regiment, reducing their use in favor of n...

Archive > June, 2008 Vol. IX, No. 6

Legal Update

Does Equity Have to be Equal?

Jennifer Vecchio, JD; and Webb Millsaps, JD

It's smart business to provide investment opportunities in your ASC to surgeons who help it profit. You might also be inclined to offer larger equity positions to the physician-investors who most use, or will most use, the ORs. But varying the percentages of ownership among physician-investors is risky under both federal and state anti-kickback laws, which strongly disfavor equity offers that correlate with previous or expected referral patterns. Two recent examples:

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Categories: Business Management, Legal/Regulatory
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