California Ambulatory Surgery Association Responds to Criticism of ASC Oversight

California ASCs have come under fire in the last week, following a report by the Los Angeles Times that drew attention to California's lack of requirement for state licensure of surgery centers.

California stopped licensing surgery centers owned at least partly by a licensed physician in 2007. The change was prompted by a case in which a physician successfully challenged the state's regulatory authority. According to data from the California Department of Health, 45 surgery centers are state-licensed and 715 are certified to bill Medicare. Other ASCs are accredited by accreditation bodies such as AAAHC, Joint Commission, AAAASF and IMQ.

Sen. Gloria Negrete McLeod (D-Chino) proposed legislation that would have required all physician-owned ASCs to be state-licensed, but the legislation failed after being passed in the Senate.

Physicians who opposed mandatory state licensing say the process can take years and requires ASCs to meet building standards designed for much larger hospitals. Instead, they often advocate for better state enforcement of accreditation requirements, according to the L.A. Times.

According to California Ambulatory Surgery Association President Shannon Blakeley, mandatory state licensure would "level the playing field" for California's surgery centers. Though surgery centers must be either state-licensed, CMS-certified or accredited to operate legally in the state, he says the different standards make it difficult to compare facilities and set expectations for patient safety and quality care.

"There is oversight of ASCs in California, but it's rather confusing when you have various entities overseeing it," he says.

He recommends ASCs — whether they are licensed by the state, accredited by an accreditation body or certified by CMS — be proactive about marketing their accreditation, certification or licensure so patients know the ASC has met those criteria. "They can post data on infection rates and customer service. In our experience, ASCs have lower infection rates and very high customer satisfaction," he says.

According to Mr. Blakeley and Elizabeth LaBouyer, CASA executive director, CASA has supported three bills submitted in the past three years to make state licensure mandatory, all of which have been vetoed by Gov. Arnold Schwarzenegger. Their hope is that incoming Gov. Jerry Brown will be more receptive to their issues and concerns.

"We've done a lot of footwork with the upcoming governor," Mr. Blakeley says. "This is coming to a head, and something's got to be done. I would hope a solution is in process to remedy this issue."

Read the L.A. Times report on California ASC oversight and licensure.

Read more about the California Ambulatory Surgery Association.

-Sample Infection Control Risk Assessment

-Practical Guidance on Strengthening California ASCs' Infection Control Programs: Insight From CASA Executive Beth LaBouyer

-ASC Industry Leader to Know: Shannon Blakeley, President of California Ambulatory Surgery Association

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