PRIOR PRINTER'S NO. 1004
PRINTER'S NO. 1327
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
818
Session of
2021
INTRODUCED BY J. WARD, MARTIN, PITTMAN, PHILLIPS-HILL, STEFANO,
MENSCH, BROWNE, BAKER, ARGALL, SCHWANK, CAPPELLETTI, SCAVELLO
AND COLLETT, JULY 26, 2021
AS AMENDED ON THIRD CONSIDERATION, JANUARY 18, 2022
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in licensing of health care
facilities, providing for ambulatory surgical facility
permitted surgical procedures.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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:
Section 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 surgical
procedures not specified on the Centers for Medicare and
Medicaid Services (CMS) Ambulatory Surgical Center Covered
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Procedures List (ASC-CPL) , or its successor, ON THE EFFECTIVE
DATE OF THIS SECTION or otherwise provided by law or regulation.
(b) Permitted surgical procedures.-- The following are
permitted and shall not require an application or request for an
exception or waiver from the department:
(1) Surgical procedures permitted under Federal or State
law or regulation.
(2) Surgical procedures specified on the Centers for
Medicare and Medicaid Services (CMS) Ambulatory Surgical
Center Covered Procedures List (ASC-CPL), or its successor.
AN AMBULATORY SURGICAL FACILITY MAY PERFORM SURGICAL
PROCEDURES PERMITTED UNDER FEDERAL OR STATE LAW OR REGULATION
AND SURGICAL PROCEDURES SPECIFIED ON THE ASC-CPL ON THE
EFFECTIVE DATE OF THIS SECTION, IF IT DOES NOT CONFLICT WITH
FEDERAL OR STATE LAW OR REGULATION, WITHOUT SUBMITTING A
REQUEST FOR AN EXCEPTION OR WAIVER FROM THE DEPARTMENT FOR
APPROVAL.
(c) Publication of surgical procedures.--The department
shall transmit notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin of the surgical
procedures specified on the Centers for Medicare and Medicaid
Services (CMS) Ambulatory Surgical Center Covered Procedures
List (ASC-CPL), and any updates to the ASC-CPL made by the
Centers for Medicare and Medicaid Services (CMS) . THE UPDATES
shall be transmitted by the department separately as notices to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin. The department shall publish and maintain
the complete ASC-CPL on the department's publicly accessible
Internet website.
Section 2. The provisions of 28 Pa. Code § 551.21(d)(1), (2)
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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 section 822 of the act.
Section 3. This act shall take effect in 60 days.
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