ADVOCACY SPOTLIGHT
Inside the Legislative Process Who passes the laws that impact ASCs? BY KRISTIN MURPHY
B
oth the US House of Represen- tatives and the US Senate can
draft and evaluate legislation, but each of those two chambers of Congress is responsible for initiating slightly differ- ent parts of the process. For example, as the US Constitution prescribes, any legislation intended to raise revenue (taxes) must originate in the House. The Senate, on the other hand, always confirms presidential nominees to fed- eral agencies and the Supreme Court. Both chambers, however, are required to approve a piece of legislation before the President of the United States can sign a bill into law.
Members of the 113th Congress,
which convened between January 3, 2013, and January 3, 2015, introduced more than 10,500 individual bills on a variety of topics. Given the sheer volume of legislation, it would be nearly impos- sible for either the House or the Senate to evaluate the merits of all proposed bills in any given session effectively. To bet- ter manage the volume, both chambers have established committees that have specific areas of jurisdiction.
The committees inside the House and the Senate provide oversight to the fed- eral agencies that manage the programs and services related to the committees’ charge, identify issues, evaluate legisla- tion and recommend courses of action to the full House and Senate. When leg- islation is introduced in either the House or Senate, it is referred to the appropri- ate committee for evaluation. In some cases, committees have “dual jurisdic- tion,” meaning that more than one com- mittee is responsible for evaluating the legislation. Evaluating legislation is also
known as a “markup.” When the com- mittee holds a hearing with the goal of marking up a bill, they evaluate and
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and issues that impact the health care delivery system, Medicare and other issues that impact ASCs.
Recognizing the role these committees play in health policy and engaging their members is crucial to protecting access to care in the ASC setting.”
—Kristin Murphy, ASCA
offer amendments to the bill. After the committee votes on the legislation, it passes out of committee with a recom- mendation on whether or not it should be adopted. This recommendation is taken into account when the entire chamber votes on a bill, an action also known as a “full vote.” The following committees have jurisdiction over the federal agencies
Track the Latest Regulatory and Legislative News for ASCs
Visit ASCA’s web site every week to stay up to date on the latest government affairs news affecting the ASC industry. Every week, ASCA’s Government Affairs Update newsletter is posted online for ASCA members to read. The weekly newsletter tracks and analyzes the latest legislative and regulatory developments concerning ASCs.
www.ascassociation.org/ GovtAffairsUpdate
House Ways and Means Committee The Committee on Ways and Means is one of the most influential committees in the US House of Representatives. It is responsible for all bills raising revenue through the federal govern- ment, including tax policy, health pol- icy, trade and more. This committee has handled a variety of legislation that directly impacts ASCs, including the Electronic Health Fairness Act and the Ambulatory Surgical Center Quality and Access Act. The current chairman of the Ways and Means Committee is Represen- tative Paul Ryan (R-WI). Its ranking member—the most senior member of the minority party—is Representative Sander Levin (D-MI).
House Committee on Energy and Commerce The House Energy and Commerce Committee is primarily responsible for legislation that deals with health care issues without tax implications. The committee also provides legisla- tive oversight on issues relating to the US Food and Drug Administration— including drug approvals, compounding pharmacies and shortages—over- sight of the US Department Health and Human Services and a variety of non- health care related issues including interstate and foreign trade. The com- mittee also has jurisdiction over the Ambulatory Surgical Center Quality and Access Act. The chairman of the Energy and Commerce Committee is Representative Fred Upton (R-MI). Its ranking member is Representative Frank Pallone (D-NJ).
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