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The Company Model Presents Risks for Anesthesiologists and for ASCs

Anesthesia revenue streams are an attractive target for investors of various stripes. Across the country, ambulatory surgical centers (ASCs) and certain medical specialty groups are looking at beefing up their incomes by sharing in anesthesia profits. At the January 24-26, 2013 ASA Practice Management Conference, Judith Jurin Semo, Esq., who presented an Update on the Company Model, noted that trade press articles encouraging such ventures appear regularly, going back at least to 2004 (Outpatient Surgery).  The “company model” arrangement, which allows a third party to use an intermediate corporation to collect the professional fees while paying the anesthesiologists a negotiated rate, has been the object of considerable concern on the part of the ASA and the anesthesia community at large.  Polled informally, one-third of anesthesiologists report having been approached about participating in a company model. The company model is becoming familiar, but is it legal? The Federal Anti-Kickback Statute The chief...
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