Member Alerts

Member Alert 12-21-20

FSASC Alert: Division of Workers’ Compensation Making Changes to ASC Reimbursement

The Florida Division of Workers’ Compensation (Division) has taken the first step in the process of making changes to the ASC Reimbursement Manual. The Manual has remained unchanged since it went into effect in 2016.  

The current reimbursement methodology has been strongly opposed by payors because it is based in facility charges which they argue are inherently flawed. They prefer a Medicare-based system like that introduced but not adopted in legislation the past several years. FSASC has successfully advocated to keep a charge-based reimbursement for ASCs which controls for outliers through Maximum Reimbursement Allowances (MRAs).


Member Alert 12-1-20

Regulatory Alert: AHCA Pediatric Care Rulemaking Hurts ASCs

The Agency for Healthcare Administration (AHCA) recently released proposed rule language setting new requirements for pediatric care in the ASC.  FSASC has reviewed the proposed new requirements and believes that many negate decades of ASC pediatric patient practice and form an unnecessary additional burden on ASCs treating pediatric patients.

AHCA Proposed Rule Text

Next Steps:
AHCA is gathering public testimony about the proposed rule on Wednesday, December 9th beginning at 3 pm (see notice here). FSASC encourages its members to read the proposed rule text and to share it with physicians involved in pediatric care.  FSASC also encourages its members to testify on the call or in writing during the comment period.  We have prepared on outline of our concerns with the rule.


Member Alert 5-18-20

FSASC Announces Cancellation of in-person 2020 Annual Conference & Trade Show

The Annual Conference & Trade show scheduled for July 15-17 at Disney’s Swan and Dolphin in Orlando has been cancelled due to public health and safety concerns related to the coronavirus (COVID-19) pandemic. 

We will be working with our industry partners and the education committee to develop an on-line trade show and a series of webinars to take place during 2020.  Further details about future opportunities will be communicated as soon as they are finalized. 



Member Alert 10-10-19

CMS Regulatory Reduction Rule Adds New Burdens in Florida

Florida ambulatory surgical centers will not gain much regulatory relief under the new CMS Regulatory Burden Reduction Rule (Rule).  State of Florida rules corresponding to the CMS requirements are more stringent and therefore supersede the CMS changes- keeping many of the requirements in place.  In addition, current accrediting organization standards also are more stringent than the new CMS rules and will need to be followed to maintain accreditation.  Ironically, the new rule also adds several requirements that ASCs are burdened to comply with.

Click here to read the State of Florida rules in comparison to the CMS changes.  You may also want to review your accreditation organization’s standards if you are considering making any changes as a result of the CMS rule.

FSASC will work with AHCA as they begin to survey under the “regulatory reduction” rules.  This will be some time after the November 29, 2019 effective date of the Rule.  We encourage members to share what they are doing in response to the new rules on our forum or to contact FSASC directly if you have concerns.

Member Alert 8-05-19

Considerations on the New Florida Opioid Counseling Law  

The Florida Legislature passed HB 451 requiring that every patient who may be exposed to an opioid in treatment be counseled on non-opioid alternatives.  The law became effective July 1, 2019. 

The law also requires the Department of Health (DOH) to develop a document for patient distribution.  DOH has now published a brochure that the law requires to be given to every patient receiving opioids. 

DOH Non-Opioid Pain Management Website

As a result of this law, health care practitioners must do the following:

  1. Inform the patient of non-opioid alternatives for the treatment of pain.
  2. Discuss the advantages and disadvantages of non-opioid alternatives.
  3. Obtain a history from, and access risk of, the patient for potential opioid abuse.
  4. Provide the patient with the DOH non opioid pamphlet.
  5. Document the non-opioid alternatives discussed.

Please keep in mind that ASCs may potentially have greater liability exposure for the actions of anesthesia providers verses the surgical staff while the patient receives care at the ASC.  The flyer clearly indicates that non-opioid anesthesia alternatives are included in the items to be discussed and that any patient scheduled to undergo opioid anesthesia must receive the brochure and the counseling.

Since the responsibility for both the counseling and the resultant therapeutic decisions fall on both the surgeon and the anesthesia provider, an ASC may desire to serve as a facilitator for compliance with the requirements.  You may want to set up a procedure whereby the patient may receive counseling from the anesthesiologist on-site prior to the procedure.

ASCs might consider documenting the receipt of the brochure and the counseling in the patient’s medical record if appropriate to the patient’s care.  Additionally, your ASC may want to consider verification that the patient has been counseled by the surgeon, particularly if the patient is to be discharged with a prescription for opioids. 

FSASC members may share ways in which they are facilitating compliance with this new law on the member forum

 This information is not a substitute for obtaining competent legal advice on this and other licensure matters.  Please seek a qualified attorney to advise you.

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