Scott Becker

Scott Becker - photoScott Becker, JD, CPA, a partner in the national law firm of McGuireWoods, practices exclusively in the area of health care. A 1989 Harvard Law School graduate, author of four books, and a leader in the healthcare profession, Scott Becker provides legal and strategic services to ASCs. Clients include hospitals, physicians, venture capital funds and management companies.

Scott Becker's core clients that he provides services to at McGuireWoods include ambulatory surgery centers, tax exempt and for profit hospitals, national and regional companies that own and operate multiple hospitals and ASCs, physician owned hospitals, physician owned ASCs, private equity funds which invest in health care companies and large medical groups. Mr. Becker exclusively provides legal, advisoryand strategic counseling and services through McGuireWoods LLP.

Mr. Becker is co-chairman of McGuireWoods' Health Care Department. He practices exclusively in the health care regulatory and transactional area. He devotes his efforts to surgery center, hospital and health care provider related transactions, joint ventures, securities, contracting and regulatory matters. He provides counsel to hospitals, ambulatory surgery centers, surgical hospitals, pharmaceutical companies, multi and single specialty medical practices, and a wide variety of health care industry entrepreneurs. He provides service on a national basis to privately held and publicly traded companies relating to health care transactional and regulatory matters, including counsel under the Medicare/Medicaid Fraud and Abuse Statute, the Stark Act, and the Internal Revenue Code Sections 501(c)(3) and c(9).

During the past several years, Mr. Becker has devoted a substantial majority of his time and efforts related to ambulatory surgery centers and to hospitals and health systems. His efforts have included structuring ambulatory surgery center joint ventures; providing legal opinions regarding the 501(c)3, fraud and abuse statute, self referral and Stark implications of surgery center business and physician relationships; drafting and implementing private placements and joint ventures of surgical centers; procuring Certificate of Need determinations; reviewing reimbursement related issues; reviewing antitrust issues; negotiating business contracts; drafting and implementing compliance plans; negotiating private equity investments; and providing advice and counsel on a broad range of business and legal issues. He also has worked with magnetic resonance and other imaging facilities, as well as with cardiac catheterization facilities.

Mr. Becker exclusively provides legal and counseling services through McGuireWoods. He is not separately available for hire. Mr. Becker over the years has provided counsel to hundreds of physician-owned ASCs, served on the boards of directors of a few companies in the ASC business, served as general counsel to several management and development companies, and has invested directly in a small number of ASCs, owning very small interests therein — usually 0.25 to 2 percent (on the very high side). When Mr. Becker has invested in an ASC, he pays for any units in cash (he cannot trade interests for advice or services of any sort), he discloses it fully to the partners, and the partners have independent counsel review and negotiate the agreements. Mr. Becker does not seek investment opportunities, nor does he own interests in any management and development companies with the exception of one (in which he owns a very small amount) with a very limited focus that is generally not competitive with any other management company Mr. Becker works with on a regular basis. Mr. Becker has purposely chosen not to invest in other ASC management companies.

Understanding the business side of ASCs through these roles has been invaluable to Mr. Becker in advising clients and in developing a high-quality and insightful publication. You cannot know the business in the way an advisor might know it until you, like Scott Becker, have lost all of one's investment in a couple of early investments. It is hard to create the same insight as solely an advisor and not in part being a participant. He is very, very thankful and proud to have the chance to work closely with many of the best physician leaders, best leaders and finest administrators in the ASC business.

77 West Wacker Drive
Suite 4100
Chicago, Illinois 60601-1815
Phone: (312) 750-6016
Fax: (312) 920-6135
sbecker@mcguirewoods.com

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