CMS Proposes to Eliminate CMS Certification Requirements for Comprehensive H&Ps & Transfer Agreements with Hospitals

Late last week, CMS proposed reducing, modifying, or eliminating a number of obsolete, unnecessary, and burdensome regulations impacting a multitude of providers.  At least two of these would have a positive impact on ambulatory surgery centers:

• CMS is proposing to replace the requirement that every patient have a comprehensive medical history and physical examination within 30 days prior to surgery in an ASC with a requirement that allows the operating physician and ASC to determine which patients would require more extensive testing and assessment prior to surgery.  ASCs would be required to establish and implement a policy that identifies patients who require an H&P assessment prior to surgery.The agency cited cataract with IOL implant and after cataract laser surgery as examples of procedures that should not routinely require a comprehensive H&P
• The agency is proposing to remove the provisions requiring facilities to have a written transfer agreement with a hospital or ensure that all physicians have admitting privileges in a hospital.  CMS states that “this long standing requirement is now duplicative of other regulatory requirements and has been rendered obsolete by other patient protections.”This should be good news for facilities and surgeons that have had difficulties securing these arrangements with hospitals.

OOSS plans to submit comments supporting these changes in Medicare certification regulations and will provide OOSS members with additional information and tools to submit supportive comments to CMS via the OOSS Advocacy Center. Should CMS finalize its proposal, we will also assist members in the development of policies and procedures that will comply with the new regulation. OOSS plans to submit comments elaborating on and supporting these changes in Medicare certification regulations and will provide OOSS members with additional information and tools to submit supportive comments via the OOSS Advocacy Center to CMS on their own.

To read the proposed rule, Click Here

Should you have any questions, please contact OOSS Washington Counsel, Michael A. Romansky at mromansky@OOSS.org.

Be watching of another Washington Update addressing Comments to CMS on 2019 ASC Payment Regulation.