ASCs can breathe a big sigh of relief now that Medicare will allow exceptions to a condition of coverage that, starting today, would have prevented surgical centers from scheduling and performing surgery on the same day, making add-on and emergency cases off limits for ASCs.

Today was to be the day that ASCs had to notify patients verbally and in writing of their rights and the center’s ownership before the day of surgery. Medicare announced today that it will allow 2 exceptions for the patient notices required in advance of the day of the procedure:

the procedure is scheduled the day it is to be performed (in other words, the referral to the ASC for surgery is made on that same date); and

the referring physician indicates, in writing, that it is medically necessary for the patient to have the surgery on the same day, and that surgery in an ASC setting is suitable for that patient.

Medicare notes that cases of surgery occurring on the same day it is scheduled are expected to be rare, since ASCs typically perform elective procedures. Frequent occurrence of such cases may represent noncompliance with the advance notice requirement.

—Dan O’Connor