Surgery center buy in

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georgiamd

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Not pain specific. If you are offered a buy in after working very successfully in a surgery center...should you buy in at the surgery center valuation before you started bringing cases or after?

seems like you shouldn’t be penalized with a higher buy in bc you were productive and added value to the asc. Thoughts?

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If you’re working very successfully doesn’t that mean you’ve already brought your cases there? It’s probably a Stark Law violation to do it the other way around.
 
If you’re working very successfully doesn’t that mean you’ve already brought your cases there? It’s probably a Stark Law violation to do it the other way around.

As I understand, Stark does not apply to ASC. However, Anti-Kickback could be an issue if you don’t utilize one of a myriad safe harbor clauses. One consideration is to not invest into an ASC unless you are, in fact, using it for your practice. That way you can cite it as an extension of your practice.

My hourly legal-fees are $0...so consider that as well.
 
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Not pain specific. If you are offered a buy in after working very successfully in a surgery center...should you buy in at the surgery center valuation before you started bringing cases or after?

seems like you shouldn’t be penalized with a higher buy in bc you were productive and added value to the asc. Thoughts?
So is this a single specialty ASC? If so, is it pain or another specialty?
 
You can do it of course, the legalities need to be reviewed by a lawyer to say things the correct way. Frankly, the ASC valuation is what it is, your work included. You can negotiate that it should be valued without your work during the buy in process, but that likely isn't going to go far unless you are willing to take your cases elsewhere. If their collections off you (and number of cases for CON certification if your state is like mine) are high, you'll have room to negotiate.
 
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