Ambulatory Surgery Centers Practice Test

Safe harbor rules for physician-owned ASCs require the investment entity to be an active part of the center’s operations. A meaningful portion of the center’s procedures must be performed within that investment entity to show the arrangement isn’t just a passive ownership stake but a real, functioning part of patient care. The minimum fraction is one-third of all procedures performed at the ASC’s investment entity. Meeting this threshold helps demonstrate legitimate shared ownership and activity within the investment structure, reducing concerns under the anti-kickback framework. If the percentage falls below one-third, the arrangement may not meet the safe harbor criteria and could raise risk under the statute.