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Guidance for Hospitals, Critical Access Hospitals (CAHs) and Ambulatory Surgical Centers (ASCs) Related to Various Rules Reducing Provider/Supplier Burden
Memo #
13-20-Acute Care
Posting Date
Fiscal Year
• Various Burden Reduction Regulations Adopted: • On October 24, 2011, the Centers for Medicare & Medicaid Services (CMS) published a final rule revising the ASC Patient Rights regulation at 42 CFR 416.50, effective December 23, 2011 (76 FR 65886). • On November 30, 2011, CMS published the Hospital Outpatient Prospective Payment System rule, effective January 1, 2012 (76 FR 74122). The rule included revisions to 42 CFR 489.20(w), governing required notice to patients by hospitals and CAHs that do not have an doctor of medicine (MD) or doctor of osteopathy (DO) present in the hospital or CAH at all times. • On May 16, 2012, CMS published two final rules (77 FR 29002 & 77 FR 29034) which included provisions: • For Hospitals: Revisions of the Conditions of Participation (CoPs) concerning governing body, patient’s rights, medical staff, nursing services, medical records, pharmaceutical services, infection control, outpatient services and transplant center organ recovery and receipt. • For CAHs: Revisions of the CoPs concerning definitions, personnel qualifications, physical plant and environment, and surgical services. • For ASCs: Revision of the Condition for Coverage (CfC) for environment. • State Operations Manual (SOM) Revisions: Appendices A (hospitals), W (CAHs) and L (ASCs) are revised to reflect these final rules, except that transplant center guidance will be updated separately. In addition, we are taking this opportunity to make minor technical corrections to Appendix L. • Automated Survey Processing Environment (ASPEN) Changes: ASPEN regulatory text and tags have been updated for hospitals and CAHs. ASC updates will be made in ASPEN at a later date. Some tags have been renumbered, consolidated or deleted. A crosswalk from the old to the new tags is provided.