Essential Legal and Regulatory Issues for Ambulatory Surgery Centers

Volume I Book Description – Ambulatory Surgery Centers Legal and Regulatory Issues – Law, Regulation and Policy

Ambulatory Surgery Centers: Law, Regulation, and Operations — 2026 Edition

Order today – the complete two-volume set at $449.

Ambulatory Surgery Centers: Law, Regulation, and Operations provides the definitive legal and regulatory framework practitioners and administrators need to navigate the complex regulatory landscape with confidence.

Regulatory landscape for Ambulatory Surgery Centers

These facilities have become one of the most dynamic and legally complex sectors in American healthcare. With over 6,000 Medicare-certified ASCs performing more than 25 million outpatient procedures annually, the industry has grown rapidly.

Physician investment structures must thread the needle between Anti-Kickback Statute safe harbors and Stark Law prohibitions. Medicare billing and reimbursement compliance now encompasses the No Surprises Act. Additionally, the 60-day overpayment repayment rule and RAC and MAC audit activity are intensifying. State licensure requirements vary dramatically across jurisdictions. Accreditation standards continue to evolve.

The consequences of getting it wrong include False Claims Act exposure, exclusion from federal health programs, and civil penalties.

They have never been more severe.

Organized across nine comprehensive chapters:

• Volume I covers the full spectrum of ASC law and operations.
  • Chapter 1 addresses ASC development and formation considerations.
  • Chapter 2 provides exhaustive treatment of ownership structures and physician investment, including the one-third revenue and ownership tests for the AKS ASC investment safe harbors, loan prohibitions, distribution requirements, and common structuring pitfalls.
  • Chapter 3 addresses the Stark Law’s application to ASC arrangements.
  • Chapter 4 provides a systematic analysis of Medicare Conditions for Coverage.
  • Chapter 5 covers state licensure and accreditation, with a side-by-side comparison of AAAHC, The Joint Commission, and AAASF standards.
  • Chapter 6 sets out a complete framework for building an effective ASC compliance program based on the OIG’s seven elements.
  • Chapter 7 addresses policies and procedures development.
  • Chapter 8 provides deep-dive analysis of ASC billing and reimbursement, including OPPS payment methodology, modifier usage, No Surprises Act compliance (Good Faith Estimates and the IDR process), 60-day rule obligations, and RAC audit defense strategy.
  • Chapter 9 examines private equity and emerging issues reshaping the industry.

The book’s twelve appendices transform it from a reference work into a working toolkit. Appendices A through L include an ASC development checklist, an Anti-Kickback Statute safe harbor compliance checklist, a Medicare Conditions for Coverage quick reference, an accreditation comparison chart, a compliance program self-assessment tool, a policy master list, a billing reference guide, a KPI dashboard, a private equity due diligence checklist, and state-specific regulatory supplements for Wisconsin, Texas, Florida, California, New York, and Illinois. Also included: a fully annotated Model ASC Operating Agreement and three sample compliance policies (HIPAA, Exclusion Screening, and Incident Reporting) that can be adapted immediately for use in practice.

This book is an essential resource for:

• Healthcare attorneys advising ASC clients on formation, compliance, and regulatory matters
• ASC compliance officers managing day-to-day regulatory risk and audit readiness
• ASC administrators responsible for operational compliance and Medicare certification
• Physician investors seeking to understand the legal dimensions of their ownership arrangements
• Surgery center management companies overseeing multi-site compliance programs
• Hospital counsel advising on outpatient surgery joint ventures and partnerships

Order today – the complete two-volume set at $449.

Volume II Book Description – Ambulatory Surgery Centers Legal and Regulatory Issues

Ambulatory Surgery Centers: Advanced Topics — Litigation, Enforcement Actions, and Exit Transactions — 2026 Edition

When the government knocks — or when it’s time to sell — you need the guide that was written for exactly that moment.

The enforcement landscape for Ambulatory Surgery Centers is increasingly demanding. Additionally, the Department of Justice recovers billions annually under the False Claims Act. Moreover, healthcare, especially outpatient surgery, remains a persistent enforcement priority. Similarly, Qui tam relators are increasingly sophisticated and well counseled. OIG audit and investigation activity targeting ASC billing has intensified. It also targets physician investment arrangements and referral relationships.

At the same time, the ASC industry’s growth has spurred a wave of M&A activity. Private equity platforms, hospital systems, and surgery center management companies compete aggressively to acquire high-performing centers. Physician investors who built their ASCs over decades face exit decisions. These decisions carry enormous financial and legal complexity. Ambulatory Surgery Centers: Advanced Topics provides the definitive legal guidance for navigating every dimension of this environment.

Volume II’s seven chapters address the advanced legal challenges that arise when regulatory complexity meets enforcement action or transactional opportunity.

• Chapter 10 provides a comprehensive framework for understanding False Claims Act exposure and defending FCA investigations and litigation, including qui tam mechanics, government intervention decisions, and settlement strategy.
• Chapter 11 addresses OIG investigations and the voluntary self-disclosure protocol — when to self-disclose, how to structure the disclosure, and what to expect from OIG’s review process.
• Chapter 12 covers healthcare litigation including ASC malpractice defense, employment disputes, and contract claims.
• Chapter 13 addresses physician disciplinary proceedings and credentialing challenges.
• Chapter 14 presents real-world government enforcement case studies drawn specifically from ASC enforcement actions, providing an invaluable roadmap for understanding what the government targets and why.
• Chapters 15 and 16 address ASC M&A transactions, due diligence methodology, deal structuring considerations, and the full spectrum of exit strategies — private equity acquisitions, hospital joint ventures, internal physician succession plans, and managed wind-down scenarios — with specific attention to the legal, financial, and regulatory dimensions that physician investors must understand before signing a letter of intent.

This volume is essential for:

• Healthcare attorneys defending ASC clients in FCA investigations, OIG inquiries, and government enforcement actions
• Compliance officers designing proactive risk mitigation programs in a heightened enforcement environment
• Physician investors evaluating acquisition offers and exit strategies
• ASC administrators managing credentialing, employment, and operational legal risks
• Transaction counsel advising on ASC M&A, due diligence, and deal structure
• Hospital and private equity counsel acquiring ASC platforms

Order today – the complete two-volume set at $449.

Complete Two-Volume Set Description – Ambulatory Surgery Centers Legal and Regulatory Issues

The Complete ASC Legal Library — Volumes I and II, 2026 Edition

One attorney. Two volumes. Everything you need to advise, defend, and transact in the ASC space.

The complete two-volume set — Ambulatory Surgery Centers: Law, Regulation, and Operations and Ambulatory Surgery Centers: Advanced Topics — Litigation, Enforcement Actions, and Exit Transactions — constitutes the most comprehensive legal reference available for professionals operating in the ambulatory surgery center industry. Together, the volumes span the full lifecycle of ASC practice, from formation, physician investment structuring, and Medicare certification, through compliance program development, billing and reimbursement, and daily operations.

It also covers enforcement defense, litigation, government investigations, M&A transactions, and exit planning. Twelve appendices, a Model ASC Operating Agreement, sample compliance policies, and an extensive legal index make this set an immediately actionable toolkit—not merely a reference to consult after something has gone wrong.

Order today – the complete two-volume set at $449.

Whether you are advising a physician group structuring a new ASC, defending a surgery center under OIG investigation, or counseling physician investors evaluating a private equity acquisition offer, these two volumes belong on your desk.

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