EDUCATION

Harvard Law School, Cambridge, Massachusetts, J.D., 1989

University of Illinois, B.S. Finance and Accounting, 1986

 

ADMITTED

Illinois 1989

 
 
Lawyers / Professionals
 
Scott Becker
Partner
77 West Wacker Drive
Suite 4100
Chicago, Illinois 60601-1818
T: 312.750.6016
F: 312.920.6135
sbecker@mcguirewoods.com

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.

Practices & Industries Firm Management
  • Co-chair, Health Care Department
Honors
  • Named One of the "Best Lawyers in America," Woodward/White, Inc., 2007, 2008
  • Named One of "America's Leading Lawyers," Health Care Law, Chambers USA, 2005, 2006
  • Named an "Illinois Super Lawyer," Law & Politics Magazine, 2005, 2006, 2007, 2008
Previous Experience
  • Partner, Ross & Hardies, Chicago, Illinois, 1992-2003
Publications
  • "Ambulatory Surgery Centers: CMS Update on Payment and Coverage," American Health Lawyers Association, October 2007
  • "Stark III - Nine Areas of Concern"
  • “Ensuring Transactions Don’t Come Back to Haunt You,” Co-authored with Ron Lundeen, Buyouts, December 18, 2006
  • “Hospital Tactics – ‘Friendly’ and ‘Not-So-Friendly’ Competition,” Co-authored with Alison Vratil Mikula, Health Care Law Monthly, September 2006
  • "Nine Essential Elements of a Partnership Agreement," Co-authored with Alison Vratil Mikula, Outpatient Surgery News, April 2006
  • "Developing an Ambulatory Surgery Center: Understanding the Key Legal Issues and the Essential Elements of an ASC Operating Agreement," Co-authored with Alison Vratil Mikula and Ron Lundeen, Health Care Law Monthly, April 2006
  • “Hospital and Health Systems: The Best of Times and the Worst of Times,” Co-authored with Elissa Koch Moore, The Journal of Health Care Finance, Spring 2006
  • “How to Avoid A Surprise in a Healthcare Buyout? Here Are 11 Steps to Better Due Diligence,” Co-authored with Alison Vratil Mikula, The Deal, January 30–February 5, 2006
  • “Evolving Health Care Issues: A Primer on 14 Key Issues Facing Providers,” Co-authored with Elissa Koch, Health Care Law Monthly, November 2005
  • “Orthopedic-Driven Ambulatory Surgery Centers & Specialty Hospitals: A Physician & Hospital Perspective,” Co-authored with Amber Walsh, Health Care Law Monthly, October 2005
  • "How to Bill for Pathology Services," Outpatient Surgery Magazine, September 2005
  • “Physician-Hospital Joint Ventures: Current Issues & Structures,” Co-authored with Elissa Koch, Health Care Law Monthly, August 2005
  • “An Overview of Federal Laws & Regulations Governing Ownership In & Reimbursement for Ambulatory Surgical Centers,” Co-authored with Amber McGreaw Walsh, Health Care Law Monthly, February 2005
  • "CMS Releases Stark Act Final Rules — A 25 Point Primer" (co-authored with Krist Werling), McGuireWoods LLP, September 30, 2004
  • "Bracing For a Medicare Clampdown on Specialty Hospitals," Outpatient Surgery News, August 2003
  • "Managing the Hospital Legal Department—Combining Quality and Efficiency" (co-authored with Krist Werling), Chicago Hospital News, August 2003
  • Author, "Health Care Law: A Practical Guide," Matthew Bender Lexis
  • Author, "Ambulatory Surgery Centers: Legal and Regulatory Issues," 1st and 2nd Edition, American Health Care Association
  • Author, "Protecting Your ASC; a Legal Primer," FASA
  • Author, "A Physician's Managed Care Success Manual," Moshy Publications
  • Health Care Joint Ventures
  • Ambulatory Surgery Center Joint Ventures
  • Introduction to Owned Ambulatory Surgery Centers and the Fraud and Abuse Statute
  • Improving the Profitability of an Ambulatory Surgery Center
  • Balancing Community Center Benefits with Pretrial Guidance
  • "6 Steps to Negotiating Safer Corporate Partnerships," Outpatient Surgery Magazine, July 2003
  • "Legal Compliance - Five Current Concepts for the Hospital CEO," Chicago Hospital News, May 2003
  • "Six Keys to Compliance," Chicago Hospital News, April 2003
  • "Hospitals Examine Competitive Alternatives to Physician Owned Facilities," Chicago Hospital News, March 2003
  • "Rough Stuff," Cover Story, Outpatient Surgery Magazine, March 2003
  • "Compliance with the Final HIPAA Regulations - Outline Primer for Health Care Providers," Federal Register, December 28, 2000
  • Visit www.BeckersASC.com for Additional Publications and Speeches
Speaking Engagements Certifications
  • CPA, Illinois