COVER STORY


Training and Testing: 42 CFR § 416.54 (d) ASCs are required to develop and maintain training and testing programs, including a community-based drill. Lis- tening to ASCA concerns, CMS stated that if a community disaster drill were not available, the ASC could instead conduct an individual facility-based disaster drill. ASCA remained con- cerned about the additional burden and cost two tests would have on ASCs and advocated for CMS to reduce this bur- den. In the 2019 burden reduction rule, CMS changed the requirement from two tests to one annually.


Transfer Agreements with Hospitals In 2014, ASCA began hearing from some of its members that hospitals were refusing, strictly for competitive reasons,


to enter into transfer agreements with them, a requirement for ASCs seeking Medicare certification. ASCA reached out to the US Department of Justice and the Federal Trade Commission and determined that trying to get reprieve from this requirement through the CMS CfCs would be the best bet. Finally, in September 2018, CMS proposed to remove the requirements at 42 CFR 416.41(b)(3), “Standard: Hospitalization” for an ASC to have a written transfer agreement or hospital admitting privileges for all physicians who practice within the ASC. Accord- ing to CMS, this was meant, in part, “to address the competition barriers that currently exist in some situations where hospitals providing outpatient surgical services refuse to sign written transfer


agreements or grant admitting privi- leges to physicians performing surgery in an ASC.” In the final rule released in 2019, CMS


finalized the revisions to § 416.41(b)(3). It added, however, a requirement that ASCs periodically provide the local hos- pital with written notice of its operation and patient population served. This is just a handful of the areas


where ASCA’s advocacy efforts, launched based on member feedback and conducted with member support, have led to valuable changes that help ASCs improve their patient care and patient access to that care. That work, of course, is not over. Have suggestions for advocacy initiatives? Write Kara Newbury at knewbury@ ascassociation.org.


ASCA Membership Prepares You for a Better Tomorrow


TOP ASCA MEMBERSHIP BENEFITS


Take advantage of ASCA’s services to provide your pati ents and employees with the best experience.


MEDICARE RESOURCES


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Renew your membership today at ascassociati on.org/renew


Not a member? Join at ascassociati on.org/join


Please contact Mykal Cox at mcox@ascassociati on.org for additi onal informati on.


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ASCA off ers several resources to help with your professional development, including educati on, networking, career boards and training.


REGULATORY UPDATES


ASCs must comply with regulati ons at both federal and state levels. ASCA has the resources to help your ASC remain compliant.


PROFESSIONAL DEVELOPMENT LEGISLATIVE ADVOCACY


ASCA promotes the interests of the ASC community before federal and state legislati ve, regulatory and executi ve agencies. Your membership supports the ASC community.


ASC FOCUS AUGUST 2021 | ascfocus.org


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