Anesthesiology groups, like most specialties in healthcare, are facing challenges regarding burnout. The healthcare environment is different than it was decades ago as patients are sicker and the work is harder. This, in combination with the fact that elective procedures are getting scheduled later in the evening, has taken its tole on staffing anesthesiologist groups.
In an effort to find a better lifestyle, many are considering starting or investing in ambulatory centers. These can have more predictable hours and support a better overall lifestyle, but it is important that individuals and private practices pursue such arrangements carefully as they could run afoul of the AntiKickback Statute (AKS).
What is the AKS?
This federal law prohibits the exchange of remuneration for referrals of services covered by federal healthcare programs. Common scenarios that could lead to allegations of an AKS violation include:
- Improper financial arrangements: Offering or accepting payments or gifts in exchange for patient referrals.
- Unlawful joint ventures: Engaging in partnerships where remuneration is tied to the volume or value of referrals.
- Inappropriate discounts or rebates: Providing discounts or rebates that are not properly disclosed or documented.
Violations can lead to severe penalties, including fines and potential jail time.
How can I mitigate the risk of allegations of violation?
The old saying about an ounce of prevention being worth a pound of cure holds true. It is important to conduct regular internal audits to check for compliance. This can include a review of financial arrangements and referral practices. It is also important to educate staff to make sure they understand the nuances of the law and how to make sure their actions comply. It is helpful to provide training on AKS regulations and the importance of compliance.
For those who are considering investing in an ambulatory center, it is wise to have legal counsel review the arrangement to check for any potential violations. These strategies can help anesthesiologists and group practices to mitigate the risk of AKS violations and foster a culture of compliance.
Attorney John Rivas is responsible for this communication.
