Regular Session 2021-2022 Senate Bill 0818 P.N. 1617

HOUSE AMENDED

PRIOR PRINTER'S NOS. 1004, 1327

PRINTER'S NO. 1617

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 AND SCAVELLO,

JULY 26, 2021

AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,

AS AMENDED, APRIL 26, 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; AND ABROGATING REGULATIONS.

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

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Medicaid Services (CMS) Ambulatory Surgical Center Covered

Procedures List (ASC-CPL) on the effective date of this section

or otherwise provided by law or regulation.

(b) Permitted surgical procedures.--

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.

shall transmit notice to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin of 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)

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.

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.

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(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).

(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

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

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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 §§ 51.22 AND

551.21(D)(1), (2) AND (3) ARE ABROGATED. THE PROVISIONS OF 28

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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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