Vasilios J. Kalogredis, with Lamb McErlane.
On April 26, the Office of Inspector General for the U.S. Department of Health and Human Services (OIG) issued Advisory Opinion 21-02, approving a proposal whereby a health system, certain orthopedic surgeons and neurosurgeons employed by the health system (the physician investors), and the manager would invest in a new ambulatory surgery center (the new ASC).
The requestors of Advisory Opinion 21-02 seek to invest in the new ASC and the manager, who develops and manages ambulatory surgery centers nationwide, would provide management, consulting, administrative, and other services to the new ASC. The physician Investors would consist of five orthopedic surgeons and three neurosurgeons. The manager would not make or influence referrals, directly or indirectly, to the physician Investors or to the new ASC.
The Proposed Arrangement
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