Gary Herschman Quoted in “Myths and More on the Safe Harbor”

The Ambulatory M&A Advisor

Gary W. Herschman, a Member of the Firm in the Health Care and Life Sciences practice, in the firm’s Newark office, was quoted in The Ambulatory M&A Advisor, in “Myths and More on the Safe Harbor,” by Richard Romero.

Following is an excerpt:

Gary Herschman, Partner with the law firm Epstein Becker, Green says that when it comes down to it, a safe harbor is just what it is, a safe harbor, it is not a set of conditions that are required.

“An ASC does not have to meet a safe harbor, but if it does, then there is comfort that its arrangement complies with the Anti-kickback Statute (AKS).  A lot of ASCs that are joint ventures with physician owners like to be structured in a way that meets the safe harbor so that they are in a “compliance comfort zone” with respect to the AKS. Most ASCs in present day do structure their physician ownership consistent with ASC safe harbors so as to comply with the AKS,” Herschman says.