Issue link: https://beckershealthcare.uberflip.com/i/1492611
6 ASC MANAGEMENT Stark Law: What ASC leaders need to know in 2023 By Patsy Newitt Becker's has reported on three Stark Law changes and considerations in 2022. Here's what ASC leaders need to know going into 2023: Fair market consideration Understanding fair market value is critical for Stark Law compliance. Fair market value opinions are oen based on benchmark data, and CMS has said that fair market value should include the application of both market area issues and physician-specific issues. Commercial reasonableness, which includes whether application of benchmark factors are defensible, is a separate concept to fair market value. When drawing contracts, physicians need to view both fair market value and commercial reasonableness as if advocating in front of a governmental entity, according to an Oct. 20 report from e National Law Review. If the contract is required to be defended, the analysis will need to include references and attachments to all documentation. Physician compensation arrangement change Hospitals and health systems need to update their physician compensation plans aer CMS' recent changes to the Stark Law. Here are three things to know about the updates: 1. Physician compensation plans where productivity is above the 75th percentile could trigger review. ese plans should ensure that compensation is consistent with the physician's personal productivity. 2. Compensation should also be consistent with the services performed by the practitioner. If a physician is compensated based on their advanced practice providers' work relative value units, for example, hospitals should ensure that compensation is explicitly for the services performed by the physician. 3. Indirect compensation agreements should be reviewed, because certain compensation agreements that consider APP work relative value units as physician compensation might not meet both commercial reasonableness and fair market value tests. Stark Law disclosure protocols CMS is considering changes to its Stark Law voluntary self-referral disclosure protocols in an effort to streamline the process, according to a July 14 article in JDSupra from the law firm McGuireWoods. e voluntary protocol is a way to resolve technical violations under the physician self-referral law by submitting information to CMS about prohibited conduct. e change would limit the required disclosure information to a single form per disclosure instead of separate forms for each physician involved in a group practice. e streamlined process would allow group practices to answer the physician information form questions for all physicians collectively, rather than an individual form for each physician. n 4 ASC chains' 12-year growth breakdown By Patsy Newitt United Surgical Partners International is the largest ASC chain in the country, with 410 centers. Here's how four of the largest ASC chains have grown over the last 12 years: 1. USPI (Dallas): 2011: 204 2015: 249 2019: 264 2020: 310 2021: 308 2022: 410 2. AmSurg (Nashville, Tenn.): 2011: 223 2015: 257 2019: 258 2020: 250 2021: 250 2022: 250 3. SCA Health (Deerfield, Ill.): 2011: 145 2015: 185 2019: 186 2020: 230 2021: 260 2022: 320 4. Surgery Partners (Brentwood, Tenn.): 2011: 11 2015: 96 2019: 119 2020: 180 2021: 180 2022: 180 n USPI CEO, president to retire By Patsy Newitt Brett Brodnax, president and CEO of United Surgical Partners International, will retire at the end of 2023. Andy Johnson, who has returned to USPI as its chief administrative officer, is expected to be promoted to president and CEO once Mr. Brodnax retires, a Jan. 19 press release from Tenet Healthcare, USPI's parent company, said. Mr. Johnson has previously served as USPI's chief development officer and chief operating officer of the east division. "Brett has not just positively shaped USPI, but the overall ambulatory surgery industry. He will always be a distinguished alumnus of the company and a supporter of USPI's team, community of doctors and health system partners," Saum Sutaria, MD, CEO of Tenet, said in the release. Dr. Sutaria also noted he will personally be spending more time with USPI to "advance business goals." Mr. Brodnax joined USPI in 1999 and has previously served as the senior vice president, executive vice president and chief development officer. Before joining USPI, Mr. Brodnax was an assistant vice president at Dallas-based Baylor Healthcare System, now known as Baylor Scott & White Health. He has served on several company boards including Ameripath, K2M and Emerus. n