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ORX Proceedings 2013_Layout 1 12/6/13 11:23 AM Page 52 Can Facilities Really Profit From AnesthesiaServices? You're likely in harm's way if you're billing and collecting for your anesthesia providers. P rofit (poach) from anesthesia services at your own risk. That's the free and good legal advice healthcare attorney Mark F. Weiss, JD, of the Advisory Law Group in Los Angeles, Calif., gave during his talk at ORX. As pressure on physicians' fees increases, more physician-owners of outpatient facilities are looking for ways to subsidize their incomes. Anesthesia fees are an inviting target. Fee-splitting models, in which outpatient facilities or their physician-owners seek to capture a share of anesthesia profits, are proliferating. Yet, there are significant regulatory concerns, most notably the Federal Anti-Kickback Statute. Many of the deals that anesthesiologists feel pressured into clearly run afoul of the federal anti-kickback Statute. While a 2013 Office of Inspector General advisory opinion generally disapproved of such fee-splitting arrangements as management fee deals and company model deals, it was far from a definitive dismissal. As a rule of thumb, Mr. Weiss says you're probably in harm's way if you wade into either of these 2 problem areas: you employ or subcontract your anesthesia providers and you bill and collect for them. And if you're offering cash for referrals, free or belowmarket rent for medical offices and payments for expenses that are legally yours, there n HANDS OFF Some anesthesiologists report that they've been asked to split their fees with surgeons, says Mark F. Weiss, JD, of the Advisory Law Group in Los Angeles. is no debate: "Those," says Mr. Weiss, "are ridiculously illegal deals." Many fee-splitting arrangements may be legitimate in many ways, but the fact that one of the purposes is to obtain money for the referral of services or to induce further referrals is sufficient to trigger a violation of the law, says Mr. Weiss. "You have to structure a relationship that provides enough safety from prosecu- 5 2 S U P P L E M E N T T O O U T PAT I E N T S U R G E R Y M A G A Z I N E O N L I N E | D E C E M B E R 2013