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Ambulatory Surgery Center Association

ASC Legislative and Regulatory Center

ASCs are some of the most regulated healthcare facilities in the nation. Each ASC must comply with a host of laws and regulations on both the state and federal level.

While there is no substitute for receiving a legal opinion regarding the specific facts in a particular case from qualified counsel that practice in this specialized area of law, the ASC Legislative and Regulatory Center is designed to be a gateway to information about legal issues of importance and provide you with information on your ASC's general obligations, and to keep you abreast of changes in the legal landscape.

ASC Association Members: Do you have questions about compliance issues? Call the ASC Association Membership Service Team at: 703.836.8808 and we will assist you.

Not yet an ASC Association member? Contact us at ASC@ascassociation.org for a membership application!

Information on Issues of Importance

Medicare Proposed Conditions for Coverage — Medicare has issued a proposed rule to modify existing ASC Conditions for Coverage.

Medicare New Payment System — On November 1, 2007, the Centers for Medicare and Medicaid Services (CMS) released its final rule establishing the ASC payment rates and ASC list of payable procedures that will apply to services provided on or after January 1, 2008.

Ambulatory Surgical Center Medicare Payment Modernization Act of 2007 - Representatives Kendrick Meek (D-FL) and Wally Herger (R-CA) introduced on March 29, 2007, and Senator Crapo (R-ID) introduced on October 26, 2007, legislation to improve the ASC payment system and the mechanism that the Centers for Medicare and Medicaid Services (CMS) uses to determine what procedures Medicare reimburses ASCs for providing.

Health Insurance Portability and Accountability Act (HIPAA) — In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to address multiple health care issues including administrative simplification.

ASC Legal Resources available from the ASC Association

Anti-kickback Statute Background Paper

ASC Association's Background Paper: the Anti-kickback Statute & OIG Advisory Opinion on Physician Ownership of ASCs provides general legal information on the federal anti-kickback statute and the OIG's advisory opinion on physician ownership.

HIPAA Resources

Please see HIPAA Resources.

HIPAA WORKBOOK FOR ASCs
This workbook is an interactive tool containing sample forms, policies and guidance designed specifically to assist ASCs in complying with the HIPAA privacy rule. Includes diskette with model forms and policies.

HIPAA SECURITY WORKBOOK FOR ASCs
This workbook provides everything you need to make your ASC compliant with the HIPAA security rule, including assessment tools, model forms and policies on a CD.

HIPAA PRIVACY NOTICE — SPANISH TRANSLATION
The translated version of the privacy notice in FASA's HIPAA Workbook for ASCs allows facilities to provide their Spanish-speaking patients with a privacy notice in their language.

HIPAA PRIVACY NOTICE — FRENCH TRANSLATION
The translated version of the privacy notice in FASA's HIPAA Workbook for ASCs allows facilities to provide their French-speaking patients with a privacy notice in their language.


Ambulatory Surgical Center Medicare Payment Modernization Act of 2007

What is the Ambulatory Surgical Center Medicare Payment Modernization Act of 2007?
Representatives Kendrick Meek (D-FL) and Wally Herger (R-CA) introduced on March 29, 2007, and Senator Crapo (R-ID) introduced on October 26, 2007, legislation to improve the ASC payment system and the mechanism that the Centers for Medicare and Medicaid Services (CMS) uses to determine what procedures Medicare reimburses ASCs for providing. The legislation was developed in concert with the ASC community.

Your Help Needed!
Send Letters to Your Members of Congress Today! The ASC Association needs you to write to your Senators and Representative in Congress and ask them to cosponsor the Ambulatory Surgical Center Medicare Payment Modernization Act of 2007.

ASC Medicare Payment Modernization Act Further Information

Summary of Legislation
Text of the legislation: H.R 1823 and S. 2250 — Ambulatory Surgical Center Medicare Payment Modernization Act of 2007
Cosponsors of Legislation
Representatives Meek and Herger's Dear Colleague Letter
Senator Crapo's Dear Colleague Letter
Letter of Support from American College of Surgeons
Letter of Support from American Academy of Ophthalmology