State Medicare Surveyors May Incorrectly Cite ASCs That Follow New Same-Day Surgery Regulations

Written by Rob Kurtz | January 27, 2012

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The Ambulatory Surgery Center Association is advising surgery centers cited by state Medicare surveyors for non-compliance when they do not notify patients of required information prior to the date of surgery to direct surveyors to the new CMS regulations that permit this practice, according to an ASCA Government Affairs report.

As of Dec. 23, 2011, ASCs were no longer required to notify patients of their rights, the list of the ASC's physician investors or the ASC's advance directive policies prior to the day of surgery. ASCA worked with the Government Printing Office to ensure the Code of Federal Regulations was updated to reflect these recent CMS policy changes, but the interpretive guidelines used by state Medicare surveyors have not yet been revised to reflect this change.

State Medicare surveyors who rely on the interpretive guidelines may still incorrectly cite an ASC for non-compliance when it does not notify patients of the required information prior to the date of surgery.

ASCA said it is working with CMS to ensure the guidelines are updated soon, and advises ASCs that experience survey issues to direct surveyors to the actual regulations, available online by clicking here and ASCA's letter explaining the change found by clicking here (pdf).

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