bet that Medicare patients especially will clamor for their procedures to
be performed at ASCs. Even if they're not interested in curbing health-
care costs, they'll be motivated to reduce their own out-of-pocket
expenditures.
Private payers are likely to follow this transparency trend, accelerating
the already existing flow of commercial cases from hospitals to ASCs. At
the risk of losing patients, physicians wishing to retain an outpatient sur-
gery caseload will be motivated to shift from the HOPD setting to ASCs.
In addition to seeking privileges, some will seek ownership at an existing
facility. Some might also consider forming their own ASCs, whether
through their group or with other colleagues.
• EHR penalties. The Cures Act also protects physicians who practice
in ASCs from being penalized under the Medicare "meaningful use" pro-
gram, which requires Medicare providers to use certified electronic
health record technology (CEHRT) for a fixed percentage of their
patients. Because no CEHRT is available for ASCs, those physicians had
faced potential cuts in their professional fees. The Cures Act authorizes
HHS to approve CEHRT for the ASC setting, meaning that physicians'
incomes will no longer suffer as a result of performing cases in ASCs as
opposed to at hospitals.
Ultimate bottom line
Finally, some welcome news for ASCs from Washington, D.C. Actually
a double-dose of good news. Patients will have financial information
that compels them to have outpatient procedures in ASCs, not
HOPDs. And surgeons' incomes will not suffer as a result of perform-
ing cases in ASCs as opposed to at hospitals.
OSM
Mr. Weiss (markweiss@advisorylawgroup.com) is an attorney who spe-
cializes in the business and legal issues affecting physicians, physician
groups and physician-owned facilities.
Legal Update
LU
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