As a part of the Ohio biennial budget that passed last month, the legislature made changes to Ohio's ASC licensure laws, which will go into effect later this year.
Specifically, the legislation modified (expended) the criteria to determine whether a facility must be licensed as an ambulatory surgical facility.
Under previous law, the licensing requirement applied to a facility located in a building that is distinct from another in which inpatient care is provided, if any of the following is the case that the facility:
The new law eliminates many of these provisions and now bases ASC licensing requirement on the provision of surgical services to patients who do not require hospitalization for inpatient care and who do not receive services for more than 24 hours after admission.
More importantly there were also changes with respect to the location of a facility subject to licensure.
The new law maintains provisions that require licensure when the facility is separate from an inpatient care facility and additional now includes a facility:
Also ANY facility that is held out to any person or government entity as an ambulatory surgical facility or similar type facility by signage, advertising, or other promotional efforts, must receive an ASC licensure from ODH.
This change only applies to Ohio licensure and not CMS certification, however to be CMS certified, a facility must meet all state licensure laws and regulations.
As a result of these changes, the ODH is updating state regulations. The OAASC is a part of that process at the very beginning stages to ensure OAASC member’s interests are heard.