03/13/2019

IFASC Legislative Update

Advocacy for the ambulatory surgery center industry is a top priority of IFASC. With increasing consolidation among inpatient providers and reimbursement cuts making headway, it is more important than ever for the ASC industry to have a political voice. The IFASC Legislative Committee has been tracking and monitoring legislation of interest to the ambulatory surgery community.

• SR 22 — Worker’s Compensation. Urging a study committee to look at medical reimbursement under worker’s compensation for ASC’s (Senator Boots/Representative Lehman). The resolution passed out of the Senate and should move through Houses. It is possible this bill could go to a summer study committee. In preparation for this, IFASC and The Capitol Group are planning meetings with legislators to promote ASC’s or at least have language in the bill that is not detrimental to ASC’s. We will continue to monitor this resolution.
• SB 202 — Physician Order for Scope of Treatment. Requires that a health care provider assess an individual’s mental health before the individual may execute a physician for scope of treatment (POST) form. Even though physicians assess and document the current level of alertness and orientation, the concern is as to whether this bill might try to dictate a more prescriptive process to assess the mental health prior to surgery/procedures, which would lengthen the process and have more documentation requirements. We will continue to monitor this bill. Status: First reading.
• HB 1084 — Identification through surgical implants. This bill passed and has moved to the Senate; this bill would not affect ASC’s. The burden would fall on the manufacturers of the implants. The identified implant number on a deceased individual would be tracked back to the manufacturer vs. where it was implanted.
• HB 1211 — Abortion Matters. This bill states that the penalty for performing a dismemberment abortion is a Level 5 felony. There was discussion on whether ASC’s perform D&C’s. If the D&C is performed to remove a non-viable fetus or to save the mother’s life, these circumstances would be acceptable.
• HB 1220 — Medical Payment Coverage. Specifies that medical payment coverage is supplemental to coverage under a health plan. At this time, the intent of this bill is unknown. We will continue to watch this bill. Status: First reading.
• HB 1275 — Sepsis Treatment Protocols. Requires a hospital to adopt, implement, and periodically update evidence based sepsis protocols for the early recognition and treatment of patients with sepsis, severe sepsis, or septic shock that are based on general accepted standards of care. We are not sure if this includes ASC’s at this point. If so, the discussion was that it could affect independent ASC’s, as most ASC’s associated with hospital systems already have sepsis protocols in place. We will continue to monitor this bill. Status: House Bills on second reading.
• HB 1308 — Medicaid Recovery Audits. Sets forth requirements for Medicaid recovery audits of Medicaid providers. This bill has not had a hearing yet. The State wants to know that tax dollars are being paid for services actually provided. We will continue to monitor this bill.
• HB 1392 — Hospitals. Specifies that only general acute hospitals may post community wayfinding signage for hospitals. This bill discusses the time requirements for licensure renewals. ASC’s are mentioned in this bill. Since ASC’s renew annually, it is the thought that this would not affect ASC’s negatively. This is probably an effort to seek more uniformity in the licensure process. Status: First reading. We will continue to monitor this bill.
• HB 1218 — Health Workforce Student Loan Repayment Program. The purpose of this bill is to provide funds to repay outstanding student loans of certain health providers who meet program requirements. There was discussion as to whether this bill would be a good recruitment/retention tool to attract qualified personnel in ASC’s. Status:  First reading.

PAC Advocacy

When the IFASC monitors legislation and testifies at the State House, we are fighting for all Indiana ASCs. Therefore, we are asking all of our Indiana ASCs to contribute financially to the cause of keeping our ASCs viable now and in the future. We must continue to combat the well-funded and organized influence arrayed against us. And, by so doing, ensure our place at the table when vital issues are being discussed.

From a standpoint of ASC self-interest, the IFASC PAC is looking to its IFASC members as well as non-member ASCs to contribute at levels the individual facilities, or in the case of non-profits their key personnel, can afford. Suggested contributions would be $1,000 for large facilities and $500 for smaller facilities. Consider the fact that you are acting to protect the future of your ASC.

Thank you in advance for your PAC contributions!