Here are six pieces of federal legislation that have been proposed or passed in 2023 that will have an impact on ASCs and physicians:
1. A bipartisan Congressional majority is pressuring CMS to finalize a federal regulation that would overhaul prior authorization within Medicare Advantage. A bipartisan letter to the Department of Health and Human Services and CMS was co-signed by 61 senators and 233 representatives.
2. In May, the House of Representatives reviewed legislation to increase transparency into ownership of certain healthcare facilities. The bill, H.R. 3262, would require that all ASCs report to the Department of Health and Human Services upon any change in ownership.
3. Four members of the House of Representatives who are also physicians introduced a bill that would make the use of inflation rates when calculating physician reimbursement rates each year permanent.
4. U.S. Representatives Sam Graves, a Republican from Missouri, and Jared Huffman, a Democrat from California, reintroduced the "Save America's Rural Hospitals Act," which would expand the scope of practice for certified registered nurse anesthetists, allowing them to work without physician supervision. It would remove the need for CRNA supervision under Medicare Part A and would include non-medically directed CRNA services as a mandatory benefit for Medicaid. It would also provide enhanced payments to rural healthcare providers.
5. Sen. James Lankford, R-Okla., teamed with Brian Miller, MD, an assistant professor of medicine at the Johns Hopkins University School of Medicine, to pen a column for The Wall Street Journal calling for an end to the ban on physician-owned hospitals. The ACA placed a moratorium on new physician-owned hospitals that also prevented existing facilities from expanding. Mr. Lankford and Dr. Miller contended the legislation limits competition and access to care.
6. Four lawmakers have reintroduced the Outpatient Surgery Quality and Access Act to increase Medicare beneficiaries' access to affordable outpatient surgical care. The goal of the bill is to close the reimbursement gap between hospital outpatient departments and ASCs, end copay penalties for Medicare beneficiaries, address barriers to affordable and quality care and increase transparency about CMS' procedure coverage at ASCs.