How do ASCs maintain compliance for certification when many government agencies usually do not give specific criteria?
KAYE & SOKOL: It’s not a matter that the guidance is not given, but rather knowing how to access such guidance. Compliance guidance takes on many forms including federal and state laws and regulations, agency rule-making, conditions of participation, advisory opinions, position statements and more. Additionally, complying with one set of rules doesn’t mean that the ASC is complying with other applicable sets of rules. For example, an ASC could be in compliance with the Medicare conditions of participation by allowing overnight stays as long as a patient is discharged in less than 24 hours from admission. However, certain states may still prohibit overnight stays under its licensing statutes. Here too, having experienced ASC health law advisors and consultants who have familiarity with the various rules and work regularly with regulators are the best source of ensuring continued compliance. POWERS: Between the CMS Conditions of Coverage, the accreditation standards, licensure standards,
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