CMS Proposes to Alter Same-Day Surgery Restrictions

CMS has proposed to slightly alter the exception to same-day surgery restrictions for ASCs, which mandate that surgery centers must provide certain patient notices prior to the day of surgery, according to an ASCA release.

ASC Association members recently met with CMS officials to express their ongoing concern over restrictions on ASCs performing surgery on the same day it is scheduled. According to Medicare's current Conditions for Coverage, surgery centers must provide certain patient notices prior to the date of surgery. This advance notice requirement usually prevents patients from undergoing same-day surgery.

The interpretive guidelines for Medicare's Conditions of Coverage contain one exception to the general same-day surgery prohibition: If the referring physician believes that it is medically necessary for the patient to undergo surgery on the same day, the notice can be given on the same day as surgery. CMS has proposed to slightly revise this exception and instead allow ASCs to give notice and perform surgery on the same day "when a delay in providing the service would adversely affect the patient's health."

Despite this positive change, the ASCA still feels that the ambiguity of the exception and proposed revision may prevent ASCs from performing surgery on the same day it is scheduled, even when same-day surgery is in the best interest of the patient. The ASCA advocated for a broader exception that would allow the notice to be given on the same day when doing so in advance would not be feasible.

Read more about the ASC Association.

Related Articles on ASC Advocacy:
ASCA Publishes ASC Briefs for Advocates, Policymakers
ASC Association Update From Board of Directors Vice Chair Nap Gary
CMS: ASC Surveyors Are Not Required to Provide Documents, Gain Surgeon Consent

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