US Senate Passes Health Care Legislation Impacting ASCs

Today, the US Senate passed the 21st Century Cures Act. This bipartisan bill, introduced by US Representatives Fred Upton (R-MI) and Diana DeGette (D-CO), includes two key provisions that benefit Medicare patients and the physicians who care for them in ambulatory surgery centers (ASCs).

The first provision, Section 4012, directs the Secretary of the US Department of Health and Human Services (HHS) to create a public, searchable web site that allows Medicare beneficiaries to compare differences in their out-of-pocket costs and in the total expenses for various surgeries when those procedures are performed in hospital outpatient departments (HOPDs) and ASCs.

The second provision, Section 16003, protects physicians who practice in an ASC from potential penalties tied to the Medicare meaningful use program. Current law requires Medicare providers to adopt and use certified electronic health record technology (CEHRT) for a fixed percentage of their patients; unfortunately, no CEHRT is currently available for ASC encounters. As a result, physicians who bring patients to ASCs could face cuts in their professional fees even though meeting the program’s threshold is not possible in the ASC setting. This legislation protects physicians who perform surgery in ASCs and authorizes HHS to approve CEHRT for the ASC setting.

President Barack Obama is expected to sign this legislation promptly. For more information on the 21st Century Cures Act and its impact on ASCs, please contact Kristin Murphy.

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ASCA’s support for the provisions in the 21st Century Cures legislation that impact ASCs was essential for their success, and the advocacy support that ASCA provides for ASCs year-round is essential for the future of your ASC and all ASCs across the country. ASCA members make that advocacy possible. Please make sure that your ASC is an ASCA member in 2017. Renew your membership online today.