Health IT, Policy

Congress votes to exempt procedures at ambulatory surgery centers from Meaningful Use

Patient visits to ambulatory surgery centers would be exempt from Meaningful Use reporting — and related Medicare penalties — for the physicians and other "elgibile professionals" who see them starting next year, under legislation that unanimously passed the Senate this week.

Patient visits to ambulatory surgery centers (ASCs) would be exempt from Meaningful Use reporting — and related Medicare penalties — for the physicians and other “eligibile professionals” who see them starting next year, under legislation that unanimously passed the Senate this week.

The euphemistically named Electronic Health Fairness Act of 2015 (S. 1347, H.R. 887) previously cleared the House, so it now goes to the president for approval.

The rationale behind the legislation is that ASCs are not themselves eligible for Meaningful Use incentive payments, but patient encounters at ASCs are included in the calculation of payments and penalties for individual surgeons, according to a Senate report explaining the bill. “As a result, eligible professionals furnishing services in an ASC are more likely to receive a payment adjustment because ASCs are not required to have [EHR] technology,” the report said.

Should President Obama sign the bill, this exemption would end three years after the Department of Health and Human Services rules that “certified” EHR technology is applicable to ASCs.

HHS so far has not developed standards to certify EHRs for use in ASCs.

Naturally, the Ambulatory Surgery Center Association was thrilled about the news. “Allowing physicians to perform procedures in ASCs without fear of being penalized encourages them to continue choosing the lower cost, high-quality setting for patient care and saving the Medicare program, patients and insurance providers across the country billions of dollars each year,” ASCA CEO William Prentice said in a written statement.

The bill does not address the fact that nonphysician behavioral health professionals, including psychologists, licensed clinical social workers and addiction counselors remain ineligible for Meaningful Use bonus payments.

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