ASCs must apply for this exemption and demonstrate that their waiting arrangement does “not adversely affect the health and safety of the patients” and constructing a distinct waiting area would create “unreasonable hardship.”
Also, the temporary partition cannot block a view of the exits, must be flame-resistant and clear sprinklers by 18 inches or more. It must have appropriate fire protection and signs in the area must clearly identify it as a distinct ASC waiting area.
However, this waiver is not available to new ASCs or ones with a new owner and Medicare supplier agreement. ASCs with waivers are expected to eventually build a permanent waiting area.
Read CMS’ memorandum on surgery center waiting room requirements. (pdf)
