CMS shifts policy on same-day surgeries at ambulatory centers

The Centers for Medicare & Medicaid Services (CMS) has released a final rule to revise the ambulatory surgical centers (ASCs) conditions for coverage (CfC) to allow patient rights information to be provided to the patient, the patient’s representative or the patient’s surrogate prior to the start of the surgical procedure.

“Since publishing the ASC patient rights proposed rule on April 23, 2010, we have learned that a number of ASCs routinely perform surgeries on the same day they receive physician referrals from their patients. ASCs that routinely serve same-day patients would like to continue doing so, whether the service is being performed on an emergency or non-emergency basis,” the notice of final rule stated. “Because we believe scheduling decisions should be between the patient and the ASC, rather than dictated by CMS, we are finalizing a different policy than we proposed.”

In addition, minor changes to the CfC for patient rights requirements were made including the re-titling and reorganization of the requirement.

The notice stated that CMS projects a savings in patient time of about $35 million a year from 1,400,000 trips avoided because of ASCs performing procedures on the same day patients are referred to the ASC. “On average, a facility would realize savings of about $3,500, assuming that one-fifth of 1,400 visits were avoided,” the rule added.

The changes will be effective 60 days from its publication date of Oct. 24.

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