4 legislative changes impacting ASCs — August 2018

Here are four legislative issues impacting ASCs:

House passes ASC Payment Transparency Act, earning ASCA praise
The ASC Payment Transparency Act of 2018 passed in the U.S. House of Representatives and will advance to the U.S. Senate for consideration. H.R. 6138 requires CMS to specify the criteria it uses to exclude certain ASC-based surgical procedures from Medicare coverage. The bill also stipulates CMS can’t exclude a procedure because of a general concern the procedure can only be reported using an unlisted surgical procedure code.

Massachusetts lawmakers approve $330 million in new assessments on ASCs
House lawmakers in Massachusetts approved a bill imposing more than $330 million in new assessments on ASCs and other healthcare providers to raise money for struggling community hospitals. The bill would require surgery centers to pay the state 8.75 percent of the total they charge commercial payers, which has the potential to increase premiums and other costs.

U.S. House passes medical device tax repeal
The U.S. House of Representatives passed a bill to permanently repeal the medical device tax. The bill is now pending Senate approval. The 2.3 percent tax on sales of medical devices made and shipped in the U.S. began Jan. 1, 2013, and was created as part of the ACA.

Proposed bill would save Illinois medical equipment providers Medicaid payment cuts
Rep. David McSweeney, R-Ill., and Rep. Gregory Harris, D-Ill. proposed new legislation with the potential to end cuts in payments to medical equipment providers and supplies for Medicaid patients in Illinois. The bill, named House Bill 5930, addresses concerns stemming from the 10 to 50 percent cuts to reimbursements given to medical supply companies. The cuts could potentially put suppliers out of business and lead to monopolies, Mr. McSweeney said.

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