What This Bill Does
This bill changes how Medicare pays ambulatory surgical centers, which are facilities where patients receive surgery without staying overnight. The bill makes the payment updates for these centers match the payment updates for hospital outpatient departments. It also requires more transparency about quality measures and gives ambulatory surgical centers a role in a Medicare advisory panel.
Who It Affects
Ambulatory surgical centers (surgery facilities where patients go home the same day)
Hospital outpatient departments
Medicare beneficiaries (people enrolled in Medicare)
The Secretary of Health and Human Services (the official who oversees Medicare)
Key Provisions
The payment updates for ambulatory surgical centers starting in 2024 will match the updates given to hospital outpatient departments each year (Sec. 2).
Quality reporting data from ambulatory surgical centers and hospital outpatient departments must be displayed side-by-side on Medicare.gov so patients can compare them in the same geographic area (Sec. 3).
Ambulatory surgical centers and hospitals must have a chance to review and correct their data before it is made public (Sec. 3).
At least one ambulatory surgical center representative must be included on the advisory panel that reviews hospital outpatient payment policies (Sec. 4).
When the Medicare agency denies a request to add a new procedure to the list of surgeries performed at ambulatory surgical centers, it must explain which specific rules it based the denial on and cite research if applicable (Sec. 5).
The copayment (the amount patients pay out-of-pocket) for surgery at an ambulatory surgical center in any year cannot exceed the inpatient hospital deductible amount for that year (Sec. 6).
What Changes
Starting in 2024, ambulatory surgical centers will receive the same annual payment increases as hospital outpatient departments receive.
Quality data comparisons become available to the public on Medicare.gov so patients can directly compare ambulatory surgical centers with hospital outpatient departments.
Ambulatory surgical centers gain representation on the Medicare advisory panel that makes decisions about outpatient payments.
The Medicare agency must provide written explanations and evidence when it rejects requests to add new procedures to ambulatory surgical center approved procedure lists.
Patient copayments for ambulatory surgery center procedures are capped at the hospital inpatient deductible amount.
Important Definitions
Ambulatory surgical center: A facility where patients receive surgery and go home the same day without staying overnight.
Medicare: A federal health insurance program primarily for people aged 65 and older.
OPD fee schedule: The list of how much Medicare pays for services at hospital outpatient departments.
Prospective payment system: A method where Medicare sets payment amounts in advance based on the type of service.
Budget neutrality adjustment: A calculation to make sure total Medicare spending stays at an expected level.
Effective Date
The amendment adding ambulatory surgical center representation to the advisory panel takes effect on the date this bill becomes law (Sec. 4).
The requirement to explain reasons for excluding procedures applies to procedure lists for years beginning after the date this bill becomes law (Sec. 5).
The amendments about budget neutrality adjustments apply to years beginning after the date this bill becomes law (Sec. 7).
I
118TH CONGRESS
1ST SESSION
H. R. 972
To amend title XVIII of the Social Security Act to modernize payments
for ambulatory surgical centers under the Medicare program, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 9, 2023
Mr. WENSTRUP (for himself and Mr. LARSON of Connecticut) introduced the
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend title XVIII of the Social Security Act to modernize
payments for ambulatory surgical centers under the
Medicare program, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Outpatient Surgery
4
Quality and Access Act of 2023’’.
5
VerDate Sep 11 2014
05:21 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H972.IH
H972
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 972 IH
SEC. 2. ALIGNING UPDATES FOR AMBULATORY SURGICAL
1
CENTER SERVICES WITH UPDATES FOR OPD
2
SERVICES.
3
Section 1833(i)(2)(D) of the Social Security Act (42
4
U.S.C. 1395l(i)(2)(D)) is amended—
5
(1) in clause (v)—
6
(A) in the first sentence, by inserting be-
7
fore the period the following: ‘‘and, in the case
8
of 2024 or a subsequent year, by the adjust-
9
ment described in subsection (t)(3)(G) for the
10
respective year’’; and
11
(B) by moving the margin 6 ems to the
12
left;
13
(2) by redesignating clause (vi) as clause (vii);
14
and
15
(3) by inserting after clause (v) the following
16
new clause:
17
‘‘(vi) In implementing the system described in clause
18
(i) for 2024 and each subsequent year, there shall be an
19
annual update under such system for the year equal to
20
the OPD fee schedule increase factor specified under sub-
21
section (t)(3)(C)(iv) for such year, adjusted in accordance
22
with clauses (iv) and (v).’’.
23
VerDate Sep 11 2014
05:21 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H972.IH
H972
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 972 IH
SEC. 3. TRANSPARENCY OF QUALITY REPORTING AND
1
MEDICARE BENEFICIARY INFORMATION.
2
Paragraph (7) of section 1833(i) of the Social Secu-
3
rity Act (42 U.S.C. 1395l(i)) is amended by adding at the
4
end the following new subparagraphs:
5
‘‘(C) To the extent that quality measures imple-
6
mented by the Secretary under this paragraph for ambula-
7
tory surgical centers and under section 1833(t)(17) for
8
hospital outpatient departments are applicable to the pro-
9
vision of surgical services in both ambulatory surgical cen-
10
ters and hospital outpatient departments, the Secretary
11
shall make reported data on such centers and departments
12
available on the website ‘Medicare.gov’ in a manner that
13
will permit side-by-side comparisons on such measures for
14
ambulatory surgical centers and hospital outpatient de-
15
partments in the same geographic area.
16
‘‘(D) The Secretary shall ensure that an ambulatory
17
surgery center and a hospital has the opportunity to re-
18
view, and submit any corrections for, the data to be made
19
public with respect to the ambulatory surgery center under
20
subparagraph (C) prior to such data being made public.
21
‘‘(E) The Secretary shall develop materials and in-
22
form beneficiaries under this title of publicly available
23
comparisons provided for in subparagraph (C).’’.
24
VerDate Sep 11 2014
05:21 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H972.IH
H972
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 972 IH
SEC. 4. ADVISORY PANEL ON HOSPITAL OUTPATIENT PAY-
1
MENT REPRESENTATION.
2
(a) ASC REPRESENTATIVE.—The second sentence of
3
section 1833(t)(9)(A) of the Social Security Act (42
4
U.S.C. 1395l(t)(9)(A)) is amended by inserting ‘‘and sup-
5
pliers subject to the prospective payment system (includ-
6
ing at least one ambulatory surgical center representa-
7
tive)’’ after ‘‘an appropriate selection of representatives of
8
providers’’.
9
(b) EFFECTIVE DATE.—The amendment made by
10
subsection (a) shall take effect on the date of the enact-
11
ment of this Act.
12
SEC. 5. REASONS FOR EXCLUDING ADDITIONAL PROCE-
13
DURES FROM ASC APPROVED LIST.
14
(a) IN GENERAL.—Section 1833(i)(1) of the Social
15
Security Act (42 U.S.C. 1395l(i)(1)) is amended by add-
16
ing at the end the following: ‘‘In updating such lists for
17
application in years beginning after the date of the enact-
18
ment of this sentence, for each procedure that was re-
19
quested to be included in such lists during the public com-
20
ment period but which the Secretary does not propose (in
21
the final rule updating such lists) to so include in such
22
lists, the Secretary shall cite in such final rule the specific
23
criteria in paragraph (b) or (c) of section 416.166 of title
24
42, Code of Federal Regulations, based on which the pro-
25
cedure was excluded. If paragraph (b) of such section is
26
VerDate Sep 11 2014
05:21 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H972.IH
H972
kjohnson on DSK79L0C42PROD with BILLS
5
•HR 972 IH
cited for exclusion of a procedure, the Secretary shall iden-
1
tify the peer reviewed research or the evidence upon which
2
such determination is based.’’.
3
(b) EFFECTIVE DATE.—The amendment made by
4
subsection (a) shall apply to lists of ambulatory surgery
5
procedures for application in years beginning after the
6
date of the enactment of this Act.
7
SEC. 6. LIMITATION ON AMBULATORY SURGERY CENTER
8
COPAYMENT FOR A PROCEDURE TO THE
9
HOSPITAL DEDUCTIBLE AMOUNT.
10
Section 1833(a)(1)(G) of the Social Security Act (42
11
U.S.C. 1395l(a)(1)(G)) is amended by inserting the fol-
12
lowing before the comma at the end: ‘‘, except that in no
13
case shall the copayment amount for such services fur-
14
nished in a year exceed the amount of the inpatient hos-
15
pital deductible established under section 1813(b) for the
16
year (and, notwithstanding any other provision of this sec-
17
tion, the amount of payment for such services shall be in-
18
creased by the amount of any reduction in the copayment
19
amount for such services pursuant to this subparagraph)’’.
20
SEC. 7. ALIGNMENT OF BUDGET NEUTRALITY ADJUSTMENT
21
FOR OUTPATIENT SURGICAL PROCEDURES.
22
(a) PROHIBITING
UNAUTHORIZED
AGENCY
AC-
23
TION.—Section 1833(i)(2)(D)(ii) of the Social Security
24
Act (42 U.S.C. 1395l(i)(2)(D)(ii)) is amended by adding
25
VerDate Sep 11 2014
05:21 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H972.IH
H972
kjohnson on DSK79L0C42PROD with BILLS
6
•HR 972 IH
at the end the following: ‘‘The preceding sentence shall
1
only apply to the first year the system described in clause
2
(i) was implemented and shall not apply to any year after
3
2024.’’.
4
(b) COMBINING VOLUME FOR BUDGET NEUTRALITY
5
CALCULATION.—Section 1833(t)(9)(B) of the Social Se-
6
curity Act (42 U.S.C. 1395l(t)(9)(B)) is amended by in-
7
serting ‘‘taking into account the volume of procedures paid
8
under this subsection combined with the volume of proce-
9
dures paid under subsection (i),’’ after ‘‘subparagraph
10
(A),’’.
11
(c) EFFECTIVE DATE.—The amendments made by
12
subsections (a) and (b) shall apply in years beginning after
13
the date of the enactment of this Act.
14
Æ
VerDate Sep 11 2014
05:21 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H972.IH
H972
kjohnson on DSK79L0C42PROD with BILLS