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Business Associations Keyed to LoPucki, 2nd Ed.
Stevens v. Anesthesiology Consultants of Cheyenne, LLC
Citation:
415 P.3d 1270 (2018)Facts
In 1999, a group of anesthesiologists formed Anesthesiology Consultants of Cheyenne, LLC (ACC). Dr. Stevens joined ACC in 2001. In 2007, several ophthalmologists decided to open the Cheyenne Eye Surgery Center, which began operations in 2008. ACC initially provided anesthesia services at the Eye Center. Due to staffing constraints, Dr. Stevens suggested that his wife, Cassandra Rivers, a certified registered nurse anesthetist (CRNA), provide services at the Eye Center. ACC agreed to this arrangement, billing for her services, paying her an hourly rate, and keeping approximately half of the income. In 2013, Dr. Stevens, then a manager of ACC, sent an email to ACC’s billing provider (copied to two other managers) stating that effective January 1, 2014, he would “carve out” certain services including “provision of services done by myself or employees elsewhere” to be billed through his corporation, High Plains Anesthesia. After this date, ACC stopped receiving income from the Eye Center. In June 2014, another manager discovered this diversion of income, and Dr. Stevens was subsequently expelled from ACC by a vote of the members.
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