CMS currently requires ASCs to provide patients or patients’ surrogates with both verbal and written notices of patient rights, physician financial interest and information about advance directives before the day of the surgery.
The proposed rule would establish an official exception for providing advance notice when “an ASC is providing services to a patient on the same day he or she receives a physician referral for the ASC’s service(s) and when a delay in providing the service(s) would adversely affect the patient’s health,” according to the Register.
ASCs providing same-day services would still be required to provide required notices but could do so on the same day of surgery if the following steps were taken:
1. The written referral was signed and dated by the physician on the date the patient was presented at the ASC for the service(s); and
2. A physician in the ASC or the referring physician communicates in writing and the ASC documents in the medical record that the procedure must be performed as son as possible to safeguard the health of the patient.
CMS is also proposing to revise its Conditions of Coverage to move requirements of advance notification of patient rights, advance directives and financial interest under the same section of “Patients rights,” in order to “eliminate confusion about the patient rights information to be provided to patients,” according to the Register.
Interested parties are invited to comment on the proposed rule changes by 5 p.m. on June 27, 2010. Information on where to send comments is contained in the Register.
Read the Federal Register’s report on advance notice for ASCs (pdf).
