ASC Patient Notification

Exception for ASC Advance Patient-Notice Requirement - Now in Effect

CMS’ requirement that ASC patients be given advanced notice of several new rights has been clarified in guidance to be released for the certification surveying process. The guidance will say it is not acceptable for an ASC to provide initial patient-complaint processes, advance directives and financial/ownership disclosures to a patient on the day a surgical procedure is scheduled, unless:

• The referral to the ASC for surgery is made on that same date; AND
• The referring physician indicates, in writing, that it is medically necessary for the patient to have the surgery on the same day and that surgery in an ASC setting is suitable for that patient

In such situations, the ASC must provide the required notice prior to obtaining the patient’s informed consent. The guidance will further say, “Cases of surgery occurring on the same day it is scheduled are expected to be rare, since ASCs typically perform elective procedures.” Frequent occurrence of such cases may represent noncompliance with the advance-notice requirement. Additionally, ASCs must still provide a written notice of patient’s rights, posted in one or more places where they are likely to be noticed, including:

• Waiting rooms
• Recovery rooms
• Any other areas where patients and or their representatives are likely to be

New ASC Conditions for Coverage take effect on May 18, 2009. Read the CMS Memorandum (PDF 1.87MB).

If you have any questions, e-mail Cherie McNett or call 202.737.6662.

Medicare’s New ASC Advance-Notice Requirements Explained

The Academy, in collaboration with the Ophthalmic Outpatient Surgery Society, has written a primer with frequently asked questions to explain Medicare’s new ASC advance-notification requirements. Patients now must be informed of their rights prior to admittance to a Medicare-certified ASC. It is not acceptable for an ASC to provide initial patient-complaint processes, advance directives and financial/ownership disclosures to a patient on the day a surgical procedure is scheduled, unless:

• The referral to the ASC for surgery is made on that same date
• The referring physician indicates, in writing, that it is medically necessary for the patient to have the surgery on the same day and that surgery in an ASC setting is suitable for that patient