Legislative Developments Impacting Ambulatory Surgical Centers

Recent legislative developments at the state level are expected to influence the operations of Ambulatory Surgical Centers (ASCs). Key changes include updates to noncompete agreements and certificate-of-need (CON) regulations.

Iowa's House has approved a bill that would prevent the University of Iowa Health Care from using noncompete clauses in their employment agreements with physicians. This action reflects growing scrutiny over the use of noncompete clauses in the medical profession and their impact on workforce mobility.

In Maryland, legislative proposals aim to remove a previously available exemption under the state's CON laws for healthcare facility mergers. These bills would mandate that such mergers obtain either a CON or approval from the Maryland Health Care Commission. Additionally, the proposals call for a 90-day notification period to the commission before any mergers, acquisitions, or material transactions take place.

Michigan legislators are considering a bill to officially license anesthesiologist assistants, a move introduced by Representative David Prestin. The proposal seeks to categorize certified anesthesiologist assistants as licensed health professionals who operate under physician supervision, thereby integrating them into the state's healthcare regulatory framework.

In Colorado, a proposed bill is set to enhance the state's regulatory reach over healthcare transactions. It introduces new requirements for notification and review of deals, even those not subject to federal antitrust scrutiny. The bill would grant the state attorney general the authority to block or postpone deals that could potentially lessen competition or harm consumer interests.

At the federal level, the newly approved budget, passed by the House, includes key provisions benefiting healthcare providers and patients. These provisions encompass a two-year extension of telehealth coverage under Medicare and a 3.1% incentive for physicians involved in Medicare alternative payment models. Additional measures include new rules for Medicare Advantage plans and a five-year continuation of the Acute Hospital Care at Home waiver.

These legislative initiatives reflect ongoing adjustments in healthcare policies aimed at addressing both industry and patient needs, with significant implications for ASC operations and healthcare compliance practices.