His original bill was pocket-vetoed by Gov. Chris Christie in the final legislative session. The original bill proposed that the state Health Department license and inspect one-room surgery centers in the same way as multi-room ASCs. The department objected that the provision to exempt single-room surgeries from the state tax on ASCs violated federal regulations.
Sen. Vitale responded that because one-room surgeries wont’ be licensed by the Health Department or called “ambulatory surgery centers,” they should not have to pay the ASC tax of 2.95 percent on ASCs with more than $300,000 a year in revenue.
Sen. Vitale said he is optimistic that his new bill will eliminate the taxation issue and create a level playing field with uniform policies about oversight of patient safety. Single-room surgeries currently fall under the state Board of Medical Examiners, which inspects surgeons less regularly than ASCs.
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