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About Volume I Volume II Author Order Now
2026 EDITION · TWO-VOLUME LEGAL REFERENCE SERIES

THE DEFINITIVE LEGAL GUIDE TO AMBULATORY SURGERY CENTERS

Comprehensive legal authority for healthcare attorneys, compliance officers, ASC administrators, and physician investors — from formation through enforcement defense and exit.

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AMBULATORY
SURGERY CENTERS
Law, Regulation & Compliance
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9 Chapters · Appendices A–L
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AMBULATORY
SURGERY CENTERS
Advanced Topics
Litigation, Enforcement & Exits
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7 Chapters · Complete Case Studies
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Chapters in Volume I
0
Chapters in Volume II
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Comprehensive Appendices
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Regulatory Citations

A Complete Legal Reference for the Modern ASC

The ASC legal landscape has never been more complex — or more consequential. With over 6,000 Medicare-certified ambulatory surgery centers performing more than 25 million procedures annually, the regulatory, compliance, and transactional demands on ASC stakeholders have grown dramatically. This two-volume reference provides the authoritative, practitioner-focused guidance that healthcare attorneys, compliance officers, administrators, and physician investors need to navigate every stage of the ASC lifecycle — from initial formation through daily operations, government enforcement defense, and strategic exit.
✓Structure Anti-Kickback Statute-compliant physician investment
✓Navigate all 13 Medicare Conditions for Coverage
✓Build an OIG-compliant ASC compliance program
✓Master ASC billing, coding, and modifier rules
✓Respond to RAC audits and MAC reviews
✓Defend False Claims Act investigations
✓Execute compliant ASC acquisitions and exits
✓Comply with state-specific requirements (WI, TX, FL, CA, NY, IL)

Law, Regulation & Compliance

Ch. 1

The ASC Industry — Overview & Development

History, feasibility, CON laws, and the six-phase development timeline.

Ch. 2

Ownership Structures & Physician Investment

AKS safe harbor compliance, Stark Law analysis, FMV, joint ventures, and succession planning.

Ch. 3

Medicare Conditions for Coverage

All 13 CMS Conditions under 42 C.F.R. Part 416 — governance, surgical services, QAPI, patient rights, and more.

Ch. 4

State Licensure & Accreditation

TJC, AAAHC, and AAAASF comparison; state-by-state requirements; dual compliance strategies.

Ch. 5

Compliance Programs

OIG seven elements, FCA exposure, HIPAA, OSHA, exclusion screening, and voluntary self-disclosure.

Ch. 6

Policies & Procedures

Clinical, administrative, infection control, compliance, and billing policy frameworks.

Ch. 7

Billing & Reimbursement

ASC payment system, CPT/HCPCS coding, modifiers, No Surprises Act, RAC audits, and the 60-day rule.

Ch. 8

Daily Operations & Administration

Staffing, credentialing, OR scheduling, ASCQR program, EHR systems, and benchmarking.

Ch. 9

Private Equity, Emerging Issues & the Future of ASCs

PE transactions, AI in ASC operations, complex procedures, workforce trends, and legislative horizon.

Appendix A: ASC Development Checklist
Appendix B: AKS Safe Harbor Compliance Checklist
Appendix C: Conditions for Coverage Quick Reference
Appendix D: Accreditation Comparison Chart
Appendix E: Compliance Program Self-Assessment
Appendix F: Policy & Procedure Master Template
Appendix G: Billing & Reimbursement Code Reference
Appendix H: KPI Dashboard Template
Appendix I: PE Due Diligence Checklist
Appendix J: State-Specific Supplements (WI, TX, FL, CA, NY, IL)
Appendix K: Model ASC Operating Agreement (Annotated)
Appendix L: Sample Compliance Policies (HIPAA · Exclusion Screening · Incident Reporting)
Inquire About Volume I →

Litigation, Enforcement & Exit Transactions

“When the government comes knocking — or when it’s time to sell — you need more than general healthcare law knowledge. You need a practitioner’s guide to what actually happens.”

Ch. 10

False Claims Act Enforcement — Investigation, Defense & Resolution

FCA liability theories, CID response, parallel investigations, Escobar materiality, DOJ settlement mechanics, and CIA obligations.

Ch. 11

OIG Investigations, Audits & Self-Disclosure

RAC/MAC/UPIC audit response, five-level Medicare appeals, OIG Self-Disclosure Protocol, and CMS Self-Referral Disclosure Protocol.

Ch. 12

Healthcare Litigation — Malpractice, Employment & Contract Disputes

ASC malpractice liability, credentialing negligence, wage-hour claims, whistleblower retaliation, and payer contract disputes.

Ch. 13

Physician Disciplinary Proceedings & Credentialing Disputes

HCQIA due process, adverse privileging actions, NPDB reporting, medical board investigations, and disruptive physician management.

Ch. 14

Government Enforcement Actions — Case Studies & Lessons Learned

Five detailed case studies: kickback-based FCA, upcoding, POD enforcement, infection control failures, and qui tam by former employee.

Ch. 15

ASC Transactions — M&A, Due Diligence & Joint Ventures

Buy-side and sell-side due diligence, transaction structures, reps & warranties, HSR filing, regulatory approvals, and post-closing integration.

Ch. 16

Exit Strategies — Succession Planning & Wind-Down

PE exits, hospital JV sales, physician-to-physician transfers, ASC closure mechanics, and staff separation compliance.

Inquire About Volume II →

Written For Practitioners Who Need Answers

Healthcare Attorneys

Navigate ASC formation, structuring, compliance, and enforcement matters with authoritative regulatory grounding. Every chapter cites the statute, regulation, and OIG guidance — ready to cite in a brief or client memo.

ASC Administrators

Understand the legal and regulatory framework governing your facility — from CMS survey readiness and QAPI requirements to billing compliance and emergency preparedness. Know what surveyors are looking for before they arrive.

Physician Investors

Protect your investment with a clear understanding of AKS safe harbor requirements, governance rights, distribution rules, and exit options. Know the enforcement risks before you sign the operating agreement.

Compliance Officers

Build and maintain an effective ASC compliance program grounded in OIG guidance, real-world enforcement case studies, and practical policy templates. The model compliance policies in Appendix L are ready to adapt.

What Sets This Reference Apart

500+ Legal Citations

Every claim is backed by citation to the U.S. Code, Code of Federal Regulations, OIG guidance, CMS transmittals, or Federal Register — built for legal practitioners who need primary source authority.

Practice Tips Throughout

Actionable, attorney-authored Practice Tips embedded in every chapter guide practitioners on real decisions — not just what the law says, but what to do about it.

Enforcement Case Studies

Five detailed government enforcement case analyses in Chapter 14 draw on publicly reported DOJ, OIG, and qui tam actions — translating enforcement history into compliance lessons.

State-Specific Supplements

In-depth regulatory supplements for Wisconsin, Texas, Florida, California, New York, and Illinois in Appendix J — matching federal analysis with state-level practical compliance.

Model Documents Included

Annotated Model ASC Operating Agreement (Appendix K) and three Sample Compliance Policies (Appendix L) — ready to adapt with the guidance of qualified counsel.

Complete Legal Index

A comprehensive Legal Index cross-references every U.S.C. section, C.F.R. provision, OIG advisory opinion, and CMS guidance document cited throughout both volumes.

JF

John Fisher

Health Law Attorney · Madison, Wisconsin

John Fisher is a health law attorney based in Madison, Wisconsin, with a practice focused on ambulatory surgery center regulatory compliance, formation, and physician investment structuring. He advises ASC administrators, physician investors, surgery center management companies, and healthcare organizations on the full spectrum of federal and state ASC regulatory requirements — from Anti-Kickback Statute safe harbor analysis and Medicare Conditions for Coverage compliance to billing and reimbursement, government enforcement defense, and ASC transactional work. John is the author of the two-volume Ambulatory Surgery Centers legal reference series, the most comprehensive practitioner-focused ASC legal guide available.

ASC Formation AKS & Stark Compliance Medicare CfC Billing & Reimbursement FCA Defense OIG Self-Disclosure ASC Transactions State Regulatory Compliance
📧 ushealthlaw@gmail.com

Add Both Volumes to Your Professional Library

Volume I
Law, Regulation & Compliance
$249
✓9 Comprehensive Chapters
✓Appendices A–L (12 appendices)
✓Model ASC Operating Agreement
✓3 Sample Compliance Policies
✓35-Table Legal Reference
✓Full Legal Citation Index
Order Volume I →
BEST VALUE
Complete Two-Volume Set
Both Volumes · Save $49
$449 $498
✓All Volume I content
✓All Volume II content (7 chapters)
✓5 Government Enforcement Case Studies
✓M&A Due Diligence Checklist
✓ASC Exit Transaction Framework
✓Complete 16-Chapter Reference
Order the Complete Set →
Volume II also available separately — $249

Order Inquiries, Bulk Orders & CLE Presentations

Contact John Fisher directly to order, inquire about volume discounts, or book a CLE presentation for your firm or organization.

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