to receive full Medicare payments. ASCs can use their enrollment to com- pare infection rates to national data or participate in infection prevention col- laboratives. ASCs using NHSN also can learn about healthcare personnel safety through resources for Surveil- lance for Surgical Site Infection (SSI) Events and Surveillance for Health- care Personnel Vaccination. The CDC also publishes numer- ous general guidelines for


health-


care facility operation that contain information that is germane to ASCs. Examples of this include CDC’s Guidelines for Disinfection and Ster- ilization in Healthcare Facilities as well as its Guide to Infection Preven- tion for Outpatient Settings.


Office of the Inspector General (OIG): The HHS OIG is the largest inspector general’s office in the fed- eral government. It is tasked with com- bating fraud, waste and abuse in HHS programs. ASCs may be the topic of OIG studies in areas such as outpatient surgery or certification and accredita- tion. An OIG report in 2014 showed that ASCs saved Medicare $7 billion from 2007 to 2011.


Department of Labor (DOL) The Labor Department is the cabinet- level agency responsible for the welfare of workers, jobseekers and retirees. Of interest to ASCs, DOL regulates work- place safety standards including docu- mentation and reporting of workplace injury and illness.


Occupational Safety and Health Administration (OSHA): An agency within the Department of Labor, OSHA sets and enforces safe work- place standards. It oversees several workplace standards relevant to ASC operation, including standards around bloodborne pathogens, hazard com- munication and infection prevention. The agency enforces additional stan-


dards on safe environments/behav- iors, violence prevention, and non-dis- crimination common to all businesses regardless of industry. On January 1, 2017, OSHA began implementation of a new rule designed to improve the tracking of workplace injury and illness. While ASCs are sub- ject to some provisions of the rule— namely reasonable workplace report- ing procedures, informing employees


TRACK THE LATEST REGULATORY AND LEGISLATIVE NEWS FOR ASCs


Visit ASCA’s website 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.


ascassociation.org/ GovtAffairsUpdate


of reporting rights and non-retaliation for workplace injury reporting—they are exempt from the new recordkeep- ing provision that requires employers to electronically submit certain injury and illness data. Best practices sug- gest that ASCs designate a specific safety officer who can stay up to date on OSHA rules and regulations, assess ASC compliance, create safety plans, and train and educate employees on safe practices.


Department of Justice (DOJ) The Justice Department interacts with ASCs primarily through investigation of fraud, waste and abuse. In 2009, the DOJ and HHS launched the col- laborative Health Care Fraud Preven- tion and Enforcement Action Team (HEAT), a cabinet-level commitment to the prevention and prosecution of healthcare fraud.


Drug Enforcement Agency (DEA)— Practitioners administering con- trolled substances must register with the DEA, the lead agency tasked with enforcement of federal drug laws. ASCs also are subject to rules con- cerning the prescribing, storage and disposal of any medications listed as controlled substances.


Office of Management and Budget The largest office within the Exec- utive Branch, the OMB adminis- ters the federal budget. OMB plays a role in reviewing annual proposed updates to ASC facility and physi- cian payment rules. Once rules have cleared review at OMB’s Office of Information and Regulatory Affairs (OIRA) they can be posted on the federal register for public viewing and comment.


Alex Taira is ASCA’s regulatory policy and research manager. Write him at ataira@ ascassociation.org.


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