S0818B1327A04103 AJB:EJH 04/25/22 #90 A04103
AMENDMENTS TO SENATE BILL NO. 818
Sponsor: REPRESENTATIVE RAPP
Printer's No. 1327
Amend Bill, page 1, line 11, by inserting after "procedures"
; and abrogating regulations
Amend Bill, page 1, lines 14 through 22; page 2, lines 1
through 30; page 3, lines 1 through 4; by striking out all of
said lines on said pages and inserting
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
section to read:
S ection 822. Ambulatory surgical facility permitted surgical
procedures.
(a) Exception or waiver.--An ambulatory surgical facility
may seek an exception or waiver from the department for any of
the following surgical procedures:
(1) A surgical procedure not specified in ASC-CPL.
(2) A surgical procedure not published in a notice under
subsection (c)(1).
(3) A surgical procedure otherwise prohibited by State
regulation.
(b) Permitted surgical procedures.--An ambulatory surgical
facility may perform any of the following surgical procedures
without seeking a request for an exception or waiver or
receiving an approval of an exception or waiver from the
department under subsection (a):
(1) A surgical procedure permitted to be performed by an
ambulatory surgical facility under Federal or State law or
regulation.
(2) A surgical procedure specified in ASC-CPL that does
not conflict with a State law or regulation.
(3) A surgical procedure published in a notice under
subsection (c)(1).
(c) Publication of surgical procedures.--
(1) Within 45 days of the effective date of an update to
ASC-CPL made by CMS, the department shall transmit notice to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin. The notice shall list the surgical
procedures specified in ASC-CPL and the update to ASC-CPL
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made by CMS, except for a surgical procedure that is
disapproved under paragraph (2).
(2) For an update to ASC-CPL made by CMS, the department
may disapprove a surgical procedure if the department finds
that the surgical procedure would conflict with State law or
regulation.
(3) If the department disapproves a surgical procedure
under paragraph (2), the department shall specify the State
law or regulation and the reasons for the disapproval in each
notice published under paragraph (1) for the duration when
the department maintains the disapproval of the surgical
procedure.
(4) Upon publication of the notice under paragraph (1),
or within 60 days of the effective date of an update to ASC-
CPL made by CMS, whichever is earlier, an ambulatory surgical
facility may perform a surgical procedure that has not been
disapproved by the department under paragraph (2).
(5) The department's disapproval of a surgical procedure
under paragraph (2) shall not be construed as prohibiting the
department's approval of an exception or waiver under
subsection (a).
(6) The department shall publish and continually
maintain a complete list of surgical procedures from ASC-CPL
that may be performed or are prohibited from being performed
by an ambulatory surgical facility on the department's
publicly accessible Internet website.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"ASC-CPL." The CMS 2022 Ambulatory Surgical Center Covered
Procedures List, effective January 1, 2022.
"CMS." The Centers for Medicare and Medicaid Services.
Section 2. The provisions of 28 Pa. Code ยงยง 51.22 and
551.21(d)(1), (2) and (3) are abrogated. The provisions of 28
Pa. Code Chs. 51 and 551-571 are abrogated to the extent that
they are inconsistent with the addition of section 822 of the
act. Nothing in this section shall be construed to abrogate
regulations relating to environmental services, fire and safety
services, construction standards, patient and pediatric
standards, board-certified standards for physicians and
anesthesia services.
Section 3. This act shall take effect in 60 days.
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