3 9
D E C E M B E R 2 0 1 4 | O U T P AT 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
LEGAL UPDATE
for the same product. For example, a controlling interest is worth
more than a minority interest that can be terminated without cause.
From a practical standpoint, supporting your purchase price with doc-
umented valuation guidance from an independent, third-party expert is
an ounce of prevention.
Keep compliance consistent.
ASC owners may want to consider
reinvigorating their compliance efforts with the following strate-
gies. Establish and maintain a strong compliance program through the
continuing training of staff, professionals and owners on the bound-
aries of healthcare rules and regulations, and empower them to speak
up if they see transactions they don't approve of.
Amicable departures.
Facility leaders should seek to address com-
pliance issues in exit interviews with departing employees.
When you're discussing their reasons for leaving, find out whether
anything in the facility's operations was a factor. This can serve as
compliance due diligence and lead to corrective action. OSM
Mr. Manigan (
mmanigan@b racheichler.com
) is a member of the health law
practice at Brach Eichler in Roseland, N.J. He specializes in representing sur-
gery centers and large physician groups.
3
2