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Ohio Makes Changes to ASC Licensure Law

More Details at OAASC's Annual Conference

Ohio Makes Changes to ASC Licensure Law

Find Out All the Details and MORE at OAASC's Annual Conference

Register NOW for Ohio's ONLY ASC Conference


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.

Previous law

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:

  • Provides outpatient surgery routinely and functions separately from a hospital’s inpatient surgical services and offices of private physicians, podiatrists, and dentists’
  • Administers anesthesia,
  • Applies to be Medicare-certified as an ambulatory surgical center;
  • Applies to be certified as an ambulatory surgical center by a national accrediting body approved by Medicare;
  • Bills or receives any ambulatory surgical facility fee.


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:

  • That is separate from an inpatient care building, regardless of whether the separate building is part of the same organization as the inpatient care building;
  • Located within an inpatient care building that is not operated by the entity that operates the remainder of the building.

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.

Much more information on this and other state changes including price transparency laws, other law changes, state regulatory changes and increases in ODH inspections that impact Ohio ASCs will be provided at the OAASC’s Annual Conference in September. Register now so that you know firsthand all of the details and additional updates.

Register NOW for Ohio's ONLY ASC Conference


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