June 18, 2024

State legislative challenges impacting ASCs: Updates from North Carolina, California, Massachusetts, South Carolina

Editor's Note

In a recent ASCA Audio Update, Charlie Leonard, public relations and public affairs consultant, spoke with Steven Obrech, associate director of government affairs at ASCA, to discuss various legislative issues affecting ambulatory surgery centers (ASCs). This discussion showcased ongoing legislative challenges and efforts to support ASC operations at the state level.

Obrech explained how he tracks around 600 bills across states using specialized software and collaborates with state associations for valuable on-the-ground feedback, enhancing advocacy efforts. The conversation then shifted to specific state issues. Highlights include:

  • North Carolina: There's pending legislation that could restrict ASC facilities from charging for services, a critical issue as ASCs rely on these fees to operate. The ASCA team is closely monitoring this development.
  • California: Legislation AB 3129 may impact the acquisition of ASCs by private equity or hedge funds, requiring consent from the Attorney General. This is part of a broader trend of increased scrutiny on private equity in healthcare.
  • Massachusetts: House Bill 4653 seeks to codify current Certificate of Need (CON) regulations, which could impose significant restrictions on new and existing ASCs. The state association is actively opposing this measure due to its potential negative impact on ASC development and expansion.
  • South Carolina: New regulations are nearly finalized that would impose licensure requirements on ASCs. These include charity care obligations and mandatory transfer agreements, following the state’s recent elimination of its CON program.

Follow the link below for more ASCA Audio updates.

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