Florida's 23-hour stay legislation: ASC boon, hospital bane

Last month, legislation was introduced in Florida that would allow 23-hour stays at ambulatory surgery centers. Naturally, if the legislation were to pass ASCs could realize significant benefits. On the other hand, hospitals traditionally oppose such measures.

House Bill 999 and Senate Bill 1394, sponsored by Representative Heather Fitzenhagen (R-78) and Senator Audrey Gibson (D-9), would allow Florida, which has 400 ASCs, to join the other 33 states that already allow ASCs to keep patients for 23 hours. "While ambulatory surgical centers are already a critical part of Florida's healthcare delivery system, increasing recovery times would further enhance our ability to provide safe, clinically sophisticated and cost-effective care. My colleagues and I applaud Rep. Fitzenhagen and Sen. Gibson for demonstrating a commitment to patients, families and employers across Florida by introducing this legislation," said Brian Rye, administrator of Melbourne (Fla.) Surgery Center, according to a news release.

Arguments for the bill include reduced cost of care for both patients and the healthcare delivery system. Extended recovery times would also allow ASCs to make higher acuity cases, such as total joint replacements, more commonplace.

But, hospitals historically have opposed such legislative measures. Just last year, the Florida House Health Care Appropriations Subcommittee passed HB 7111, which would allow ASCs to keep patients for up to 24 hours, as well as the creation of 72-hour stay recovery care centers. The Florida Hospital Association opposed the bill, in a similar vein to HB999/SB1394, arguing that the legislation would "lower patient safety and quality of care standards," according to the FHA's 2014 Legislative Summary. Additionally, an FHA representative argued the bill would harm hospitals by shifting younger, healthier patients with private insurance away, according to a Health News Florida report. Eventually, the Florida Senate killed the bill.

On March 31, HB999 was brought before the Health & Human Services Committee, the bill's last recorded action. SB 1394 was introduced on March 3, its last recorded action. Whether or not the 23-hour legislation will come to fruition remains to be seen.

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