The report describes the increased scrutiny of the nearly 5,000 surgery centers in the United States, especially at the state-level. Individual states, as seen recently in New Jersey, have the ability to impose stricter requirements upon surgery centers than current federal law, according to the report.
Obstacles such as state-level certificate of need requirements, moratoriums, self-referral restrictions and required charity care without tax-exempt status are of concern for surgery centers and have contributed to these ongoing pressures.
In addition, hospitals provide another obstacle, as many ASCs compete with them for managed care contracts. Recent antitrust settlements have helped surgery centers, but physicians interviewed by AMNews still considered hospitals to be a barrier.