Regulation & Legislation

Dr. Alfred Bonati, a spine surgeon based in Hudson, Florida, is suing the state for $500 million after the state shut down his ambulatory surgery center, The Bonati Spine Institute, as reported by MSN News. The lawsuit, filed against the Florida Agency for Health Care Administration (AHCA) and three of its employees, alleges that the shutdown was based on false allegations. Dr. Bonati claims that the closure of his center in March 2023 was unjustified and that it caused significant harm to … [Read more...]

In a landmark decision, the Supreme Court has dismantled the long-standing doctrine of Chevron deference. This ruling has significant implications for federal health care programs, including those managed by the U.S. Department of Health and Human Services (HHS), which oversees Medicare and Medicaid. In turn, it could have huge ramifications for providers, including ambulatory surgery centers (ASCs) as well. Established in 1984, Chevron deference mandated that courts defer to federal … [Read more...]

Ambulatory surgery centers (ASCs) and other health care providers experienced pronounced payment disruptions earlier in 2024 due to the Change Healthcare cyberattack. Many of these health care providers mitigated the financial impact of that disruption via a form of short-term loan from the government. This lifeline will soon go away, however. The Centers for Medicare & Medicaid Services (CMS) recently announced that its advanced and accelerated payment program tied to the cyberattack … [Read more...]

Legislation aiming to streamline the prior-authorization process under Medicare Advantage (MA) has been re-introduced in the Senate, with companion legislation also introduced in the House. If enacted, it could enable more procedures to be conducted in ambulatory surgery centers (ASCs) by cutting through often restrictive red tape. Obtaining prior authorization is often a hurdle for ASCs. Operators are required to approve certain services before they are provided, but since the use of … [Read more...]

For ambulatory surgery center (ASC) operators, staying abreast of the regulatory and legislative changes that impact daily business and patient care is crucial. And from workforce-related final rules, certificate of need (CON) developments, U.S. Centers for Medicare & Medicaid Services (CMS) changes and beyond, there has been no shortage of policy developments over the past several months. The second half of 2024 is likely to present further shifts as well, ASC industry insiders … [Read more...]

The Centers for Medicare & Medicaid Services (CMS) recently released the most frequently cited areas for ambulatory surgery centers (ASCs) in 2023. The most cited issue was "Sanitary Environment," cited 507 times. Following closely was "Infection Control Program," cited 372 times. The data, obtained by the Ambulatory Surgery Center Association (ASCA), was based on 3,023 ASC surveys from last year. The numbers show that infection control remains a predominant concern for operators, with … [Read more...]