5 ASC legal cases, controversies in 1 month

Here are five controversies involving ASC closures, lawsuits or false claims allegations that Becker's has reported on since Aug. 23:

1. CommonSpirit Vascular Surgery Penrose, a surgery center located inside Penrose Hospital in Colorado Springs, Colo., was forced to close after the alleged sudden departure of all medical providers. The clinic permanently closed Sept. 6, and letters have been sent out informing patients of the situation. The vascular clinic had employed two surgeons, along with two physician assistants and one nurse practitioner. 

2. The sentencing for Raynaldo Ortiz Jr., MD, a former anesthesiologist at Baylor Scott & White Surgicare North Dallas who is accused of tampering with IV bags, has been delayed for the fourth time. A new date has not yet been set for the hearing, which was originally scheduled for July 22, then pushed to Sept. 16 before again being rescheduled for Sept. 18. Dr. Ortiz was found guilty in April on 10 counts of tampering with IV bags and the adulteration of drugs and faces up to 190 years in prison. The Texas Medical Board temporarily suspended his license in April.

3. Siouxland Surgery Center, doing business as Dakota Dunes, S.D.-based Dunes Surgical Hospital, United Surgical Partners International and USP Siouxland, agreed to pay about $12.76 million to resolve False Claims Act allegations. From at least 2014 through 2019, Dunes Surgical Hospital allegedly made large financial contributions to a nonprofit affiliate of a physician group that made patient referrals to Dunes Surgical Hospital.

4. Baptist Health-Fort Smith closed its outpatient surgery center in Fort Smith, Ark., on Sept. 6. Jeff Carrier, region president for Baptist Health Fort Smith and Van Buren, said the hospital is looking to integrate its ASC operations with its main hospital operating rooms to enhance service efficiency. 

5. Houston-based National Interventional Radiology Partners and its physician CEO Andrew Gomes, MD, agreed to pay $8.8 million to resolve allegations they illegally paid physicians kickbacks for clinic and ASC referrals. Beginning in 2015, Dr. Gomes allegedly established a number of clinics throughout Texas to treat peripheral arterial disease. He raised capital for these clinics from physicians with practices that would provide a strong Medicare referral patient base. Dr. Goes pitched to the physician investors that they could ensure high returns on their ASC investments from referring significant numbers of patients, adding that more patient referrals would lead to more revascularization surgeries and higher profits.

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