Jump to Navigation

Ambulatory Surgery Centers ("ASC's")

Contextual Image

Ambulatory Surgery Centers (“ASCs”) Subject to RAC and Other Medicare Audits

Our lawyers represent and counsel Ambulatory Surgery Centers (“ASCs”) in all aspects of healthcare law.

The Recovery Audit Contractor (“RAC”) program will be operating in numerous states this year, and will be nationwide by 2010. Ambulatory Surgery Centers (“ASC”) suppliers nationwide should prepare now for increased scrutiny of their Medicare claims.

Wachler & Associates, P.C., has represented providers, suppliers and other healthcare entities subject to Medicare audits and claim denials for over 20 years. During the RAC demonstration program, our firm represented numerous entities with their appeals of claim denials and overpayment determinations with very successful results. Our firm is also frequently asked to speak to professional and provider organizations, including the Ambulatory Surgery Center Association (formerly known as the Federated Ambulatory Surgery Association (“FASA”)) regarding healthcare law topics.

Other Legal Issues Impacting ASCs

Our lawyers have experience counseling and representing ASC clients in all aspects of healthcare law, including the following areas, among others:

  • Corporate formation;
  • Certificates of Need (“CON”);
  • Fraud and abuse (including advising on structure and governance documents);
  • Billing and compliance issues;
  • Licensure and certification; and
  • HIPAA privacy and security.

Publications

"The RACs are Coming - Are You Ready?" co-author Andrew B. Wachler, Esq., Member Briefing: American Health Lawyers Association Hospitals and Health Systems Practice Group, January 2009.

"RAC to the Future: What Can Medicare Providers and Suppliers Expect from the Recovery Audit Contractor Program?" co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, Vol. 21, No. 2, December, 2008.

"The RACs Are Coming - Are You Ready?" co-author Andrew B. Wachler, Esq., The RAP Sheet, American Health Lawyers Association, Regulation, Accreditation and Payment Practice Group, December 2008.

"Recovery Audit Contractors and Medicare Audits: Successful Strategies for Preparing for and Defending Audits," co-author Andrew B. Wachler, Esq., Journal of Health Care Compliance, September-October, 2008.

"The Medicare Appeals Process and Strategies for Successful Appeals," co-author Andrew B. Wachler, Esq., American Health Lawyers Association, Physician Organizations, Vol. 10, Issue 1, Winter, 2007.

"Get Ready: The RACs May Be Nationwide Sooner Than Expected!" co-author Andrew B. Wachler, Esq., HCCA Compliance Today, 2007.

"The New Medicare Part A and Part B Appeals Process," co-author Andrew B. Wachler, Esq., Health Law Handbook 2006, Part I, Chapter I, 2006.

"The New Medicare Appeals Process," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, June 2005.

Speaking Engagements

"RAC and Medicare Audits," Ambulatory Surgery Center Association (ASCA), November 17, 2009.   

"RACs: Appeals Strategies," Health Business Management Association (HBMA) 2009 Spring Education Conference, May 6, 2009 - May 8, 2009.

"RAC Audit Appeals- Strategies and Defenses for Overturning Hospital RAC Denials," National Healthcare Compliance Audioconference, May 5, 2009

"Ready or Not, Here They Come! Preparing for and Defending the RACS," (HCCA) 13th Annual Compliance Institute, April 26, 2009 - April 29, 2009.

"Advanced Appeals Workshop," 2009 American Health Lawyers Association (AHLA) Institute on Medicare and Medicaid Payment Issues, March 25, 2009 - March 27, 2009.

"The Basics: How the RAC Appeals Process Works," National Medicare RAC Summit, March 5, 2009 - March 6, 2009.

"Recovery Audit Contractors and Medicare Audits," 2009 American Bar Association (ABA) Emerging Issues Conference, February 18, 2009 - February 20, 2009.

"Managing the Recovery Audit Contractor Review Process," World Research Group, December 8, 2008 - December 9, 2008.

"Recovery Audit Contractors: Past, Present and the Future," 2008 ABA Health Care Law Section Washington Summit, November 17, 2008 - November 18, 2008 (with Melanie Combs-Dyer, senior technical adviser for CMS' division of recovery audit operations).

Contact Us

Call us at 248-544-0888 or send us an e-mail to schedule a meeting to discuss your concerns with RACs or to discuss your other healthcare law-related needs.