The N.J. Department of Health and Senior Services has reported to Mark Manigan, JD, an attorney with the Health Law Practice Group at Brach Eichler in Roseland, N.J., that 25 percent of ASCs in New Jersey are reusing single-dose vials, a violation of CMS standards, according to an e-mail from Mr. Manigan.
Single-use vials are intended for one use only regardless of whether any drug remains in the vial after the first use.
CMS rules state that violation of the standard results in an "immediate jeopardy" violation, with a repeat violation grounds for the ASC to be prohibited from admitting patients until a plan of correction is developed and approved by the N.J. Department of Health and Senior Services, according to Mr. Manigan's e-mail.