The state policies keeping ASCs up at night

State policies affecting ASCs vary widely from state to state, from certificate-of-need regulations to shifting Medicaid policies. 

Two healthcare professionals recently joined Becker’s to discuss the state-specific policies most pertinent to ASCs. 

Editor’s note: Responses have been lightly edited for clarity and length.

Robert Nelson, PA-C. Former Executive Director of Island Eye Surgicenter (Westbury, N.Y.): At the state level, there are several areas of concern:

A:  How will the states establish more oversight of private equity transactions, and what will be the overall impact of anticipated future regulation?  

B: When and how will states and federal regulatory agencies address much needed, substantive regulation of office-based surgery? Why are office-based facilities allowed to circumvent the onerous and costly licensing process? Why are they not held to the same architectural, life safety, infection control and professional staffing standards that regulated ASCs are required to adhere to? There are no short cuts to patient safety. The defined standards for office-based surgery should meet those of licensed/certified facilities. Not be some watered down, abbreviated version!

Teresa Tam, MD. Minimally Invasive Gynecological Surgeon and Owner of All for Women Healthcare (Chicago): State policy changes can really shake things up for ASCs. For instance, shifts in Medicaid reimbursement and the move toward value-based payment models can have a big impact, especially for those serving many Medicaid patients. Some states might tweak their CON laws, which could either open up or restrict opportunities for ASCs to grow. Plus, changes in laws about what healthcare professionals like nurse practitioners and physician assistants can do might affect how ASCs staff and run their operations. 

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