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State requirements for accreditation

State Laws and Regulations on Ambulatory Health Care

AAAHC accreditation is recognized by many states as part of their quality oversight of ambulatory health care providers. Generally speaking, recognition means the acceptance of accreditation for licensing, certification or specific contracting purposes by state agencies. 

The information below was compiled from a variety of sources and relates only to accreditation. State laws vary widely and you are advised to carefully review the language of regulations applicable to the services you provide. AAAHC cannot guarantee complete current accuracy of this list; we continue to research and update state statutes and rules.

Please report any changes or new information to Carolyn Kurtz, Vice President and General Counsel (847.853.6060 or ckurtz@aaahc.org). Thank you for your assistance.

Alabama

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Office-based surgery Chapter 540-X-10, Rules of the Alabama Board of Medical Examiners AL Board of Medical Examiners The Board approved regulations effective on Nov. 21, 2003, encouraging accreditation of facilities where deep sedation/analgesia or general anesthesia is provided.  The rules require registration and reporting, in addition to standards based on level of anesthesia provided.

Arizona

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Health care institutions including ambulatory surgery centers

AZ Rev. Stat., Sec. 36-424(C)

Dept. of Health Services, Div. of Assurance and Licensure Services The Department accepts accreditation reports from recognized  entities such as AAAHC in lieu of licensing inspections.
Physician offices

 AZ Rev. Stat., Sec. 36-402(3)

Dept. of Health Services, Div. of Assurance and Licensure Services Physician offices and clinics are exempt from the licensing requirements applicable to health care institutions unless patients are kept overnight as bed patients or treated otherwise under general anesthesia, except where treatment by general anesthesia is regulated under the dentistry statutes.
Office-based surgery

AZ Admin. Code R4-16-701

AZ Medical Board Physician offices where office based surgery using sedation is performed must follow the standards set forth in the regulations which include requirements for administration, patient selection, sedation monitoring standards, equipment and space use and emergency transfers.

California

In addition to the regulations noted below, outpatient surgery organizations in California must be in compliance with the following laws:

SB 304 effective Jan 1, 2014
Requires an outpatient surgery setting, accredited pursuant to Section 1248.1 of the Health and Safety Code, to report an adverse event to the Medical Board of California (Board).

Beginning, January 1, 2014, an accredited outpatient surgery setting will be required to report adverse events, as defined in HSC Section 1279.1, to the Board:

  1. no later than five days after the adverse event has been detected; or
  2. if that event is an ongoing urgent or emergent threat to the welfare, health, or safety of patients, personnel, or visitors, no later than 24 hours after the adverse event has been detected.

The definition of an adverse event includes but is not limited to the following:

  1. Surgery performed on a wrong body part
  2. Surgery performed on the wrong patient
  3. The wrong surgical procedure performed on a patient
  4. Retention of a foreign object in a patient after surgery or other procedure
  5. Death during or up to 24 hours after induction of anesthesia after surgery of a normal, healthy patient who has no organic, physiologic, biochemical, or psychiatric disturbance
  6. Patient death or serious disability associated with the use of a contaminated drug, device, or biologic provided by the health facility
  7. A patient death or serious disability associated with a medication error
  8. A patient death or serious disability associated with a burn incurred from any source while being cared for in a health facility

The Board has established the "ADVERSE EVENT REPORTING FORM FOR ACCREDITED OUTPATIENT SURGERY SETTINGS" to be completed and submitted to the Board to fulfill this new reporting requirement as specified in Business and Professions Code Section 2216.3.

If an accredited outpatient surgery setting fails to report an adverse event, the Board may assess a civil penalty in an amount not to exceed one hundred dollars ($100) for each day that the adverse event is not reported following the initial five-day period or 24-hour period, as applicable.

The full text of SB 304 and its specific reporting requirements are available online at:

http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb 0301-0350/sb 304 bill 20131003 chaptered.pdf.

The full text of HSC 1279.1 can be found at http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=1279.1.

This adverse event reporting form can also be found on the Board's website at: http://www.mbc.ca.gov/outpatient adverse event form.pdf.

 AB 595 (Speier) effective July 1, 1996
This law states: "no physician and surgeon shall perform procedures in an outpatient setting using anesthesia, except local anesthesia or peripheral nerve blocks, or both, complying with the community standard of practice, in doses that, when administered, have the probability of placing a patient at risk for loss of the patient's life-preserving protective reflexes, unless the setting is specified in Section 1248.1 of the Health and Safety Codes. Outpatient settings where anxiolytics and analgesics are administered are excluded when administered, in compliance with the community standard of practice, in doses that do not have the probability of placing the patient at risk for loss of the patient's life-preserving protective reflexes."

This law prohibits any physician or surgeon from performing surgery in an outpatient surgery setting using specified anesthesia levels unless the setting is one of an enumerated care setting(s), including a setting accredited by an approved accrediting agency, state-licensed as an outpatient surgery setting, or Medicare-certified as an ambulatory surgery center. Therefore, AB 595 required the Medical Board of California, Division of Licensing, to adopt standards for approval of accreditation agencies to perform the accreditation of outpatient surgery settings. In 2007, the AAAHC received re-approval from the Medical Board of California as a recognized accrediting agency. Organizations choosing to have their accreditation reported to the Medical Board for evidence of compliance with the law must indicate this to the AAAHC during the time of the survey application process.

Cosmetic and Outpatient Surgery Patient Protection Act (AB 271) effective January 1, 2000, which has the following requirements:

  • The certificate of accreditation must be posted in a location readily visible to patients and staff.
  • The name and telephone number of the accrediting agency, with instruction on the submission of complaints, must be posted in a location readily visible to patients and staff.
  • Written discharge criteria must exist.
  • A minimum of two staff persons must be on the premises, one of whom shall be a licensed physician and surgeon and/or a licensed health care professional with current certification in advanced cardiac life support (ACLS), as long as a patient is present who has not been discharged from supervised care. Transfer of a patient who does not meet the above required written discharge criteria to an unlicensed setting is not acceptable.
REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Dentists

SB 430
Business and Professions Code, Sec. 1638

Dental Board On September 28, 2006, the Governor signed a bill into law which allows a person licensed to practice dentistry who is not a physician to apply for a permit to perform elective facial cosmetic surgery. The applicant would have to submit specified information to a credentialing committee appointed to the Board. The elective cosmetic surgery can only be performed in specified health facilities, including outpatient surgical facilities accredited by AAAHC.
Outpatient facilities SB 100  

Governor Jerry Brown signed Senate Bill 100 into law. The law, which became effective on January 1, 2012, amends existing law requiring the accreditation of outpatient settings. Accreditation agencies are now required to query the Medical Board of California concerning any adverse accreditation decisions rendered against physician owners of an organization applying for accreditation. For outpatient settings that were not granted accreditation by another accrediting agency, the subsequent accreditation agency must determine that prior deficiencies were corrected.  The law also requires the Medical Board to post on its website certain survey reports of accreditation agencies. At this time, the accrediting bodies are collecting information concerning physician owners; however, the Medical Board has not yet posted information online.

Liposuction extraction and postoperative care standards for outpatient settings went in effect on Feb. 20, 2003.  Procedures performed under general anesthesia or intravenous sedation, or that result in the extraction of 5,000 or more cubic centimeters of total aspirate, must be performed in a hospital or an outpatient setting that is licensed, or accredited by one of the approved entities listed above.
Health Safety Code, Ch. A.3, Sec. 1248; Bus. & Prof. Code, Secs. 2216.1, 2216.2, 2240 Medical Board of California

Licensure, Medicare certification or accreditation is required for all outpatient settings where anesthesia is used (excluding local or peripheral nerve blocks). The Division of Licensing has approved AAAHC, among others, as state-recognized accreditation agencies. The legislation also contains a number of other requirements such as those relating to liability insurance coverage, reporting complications, adequate personnel and written discharge criteria.

Facilities must be state licensed, Medicare-certified or accredited by an accrediting agency approved by the medical board in order to charge and collect a facility fee for use of the emergency room or operating room of the facility for services provided to injured employees under the state’s workers’ compensation laws.

Currently, the California Department of Public Health will not issue a license to clinics which have any percentage of physician ownership.
Primary Care clinics (community and free clinics that are subject to licensure) Health and Safety Code, Sec. 1228 Dept of Health Services

Effective Jan 1, 2004, primary care clinics (community and free clinics that provide a safety net for underserved, uninsured, and underinsured populations) that are accredited by AAAHC or other named accrediting organization are exempt from inspection by the Department.

Colorado

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
ASCs HB 1234 Colorado Revised Statutes, 25-3-102 Dept of Health Legislation enacted on May 27, 2008 recognizes accreditation by AAAHC as meeting certain licensing standards for renewals of ASC licenses.
Office-based surgery and anesthesia Policy Statement 40-12

Board of Medical Examiners

In Nov. 2001 the Board adopted a policy statement regarding the provision of surgical and anesthesia services in office settings.  Overnight patient stays are not recommended unless the facility is accredited as a “Class B or C facility” by AAAHC or other named accrediting organization, or Colorado Dept. of Public Health and the Environment.

Connecticut

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Health care facilities Conn. Gen. Stats.19a-638 (a)(4); SB 1207 (signed into law on June 7, 2005) OHCA A law, effective July 1, 2005, requires a certificate of need approval, regardless of cost, for any health care facility that purchases, acquires or accepts the donation of imaging and scanning equipment. The CON requirement will be waived if the equipment was acquired prior to July 1, 2005 or a CON or determination a CON was not required was obtained from OCHA before July 1, 2005.
Outpatient surgery centers and offices where certain types of anesthesia are administered Conn. Gen. Stats Sec. 19a-691; HB 5531 (signed into law on June 3, 2004) Office of Health Care Access, (OHCA) Dept. of Public Health Any office or unlicensed facility at which moderate sedation/analgesia, deep sedation/analgesia or general anesthesia is administered must be accredited by AAAHC, among other accrediting organizations, or be Medicare-certified, within 18 months of administering such sedation or anesthesia. A law effective July 1, 2004 requires a license and a certificate of need (CON) for non-hospital outpatient surgical facilities that use moderate sedation, deep sedation or general anesthesia. Medical offices are exempt if they do not administer deep sedation or general anesthesia and meet certain other conditions. Facilities that operated before July 1, 2003 or received an OHCA determination that a CON was not required may operate until March 30, 2007 without a license.
       

Delaware

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Freestanding surgical centers   Health Resource Board (certificate of public review process) The Board requires AAAHC or accreditation by another accrediting organization within one year of licensure as a condition of approving new or converted freestanding ambulatory centers.

District of Columbia

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Health care facilities including ambulatory surgical facilities DC Code Secs. 32-1301 to 32-1309 Dept of Health Accreditation by a private accrediting body or certification to participate in a federal health program may be accepted in lieu of re-licensing inspection. Office-based facilities are subject to the licensing requirements as health facilities if complex procedures are performed.
Office-based surgery   Bd of Medicine The Board issued an advisory in 2000 that it will follow ASA guidelines in determining the acceptable standard of care in cases involving office-based anesthesia.

Florida

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
ASCs Fla. Stats. Chapter 395; Fla. Admin. Code Sec. 59A-5.004 Agency for Health Care Administration (AHCA) Ambulatory surgical centers not accredited by AAAHC or another approved accrediting organization are subject to an annual licensure inspection survey. The agency accepts the survey report of an accrediting organization as substantial compliance.
Clinics providing MRI services Fla. Stats. Sec. 400.915 (11) (a); Fla. Admin. Code Rules 59A-33 Dept. of Health Clinics offering magnetic resonance imaging services must be accredited by AAAHC or another accrediting organization within one year after licensure, unless an extension is granted.
HMOs and prepaid health clinics Fla. Stats. Sec. 641.512 AHCA Bureau of Managed Health Care HMOs and prepaid health plans are required to undergo an external quality assurance review by an approved accreditation organization. AAAHC applied for renewal of approval under this statute and was recently approved for an additional three year term.
Office- based surgery performed in facility not regulated by AHCA or Dept of Health

Fla. Stats. Sec. 458.309 (1), (3) ;  458.351 (6); 455.681

Fla. Admin. Code Rules 64B-9.009, 9.0091, 9.0092
Board of Medicine; Dept of Health Florida law requires Dept. of Health inspections for physician office facilities where certain levels of surgery are performed, unless a nationally recognized accrediting agency or another accrediting organization subsequently approved by the Board of Medicine accredits the offices. Physicians performing certain levels of surgery in an office are required to register with the board and indicate whether their office is accredited or subject to a state inspection.  The rules recognize AAAHC as an approved accrediting agency. The rules also require compliance with a number of state standards for office-based surgery.
Pain Management Clinics SB 2272 AHCA; Boards of Medicine and Osteopathic Medicine This bill, signed by the Governor on June 18, 2009, requires that certain clinics practicing pain management register with the Department of Health and be subject to annual inspection or national accreditation. As of October 1, 2010, organizations subject to the law must register with the Agency for Health Care Administration.

Georgia

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
ASCs Admin. Rules and Regs. of State of Georgia, Sec. 272-2-09 (1)(c)(10,11) State Health Planning Agency The certificate of need licensing regulation requires that an applicant for an expanded ambulatory surgical facility, including diagnostic, treatment, or rehabilitation centers that offer ambulatory surgery, must provide appropriate documentation of meeting accreditation requirements of AAAHC, another named accrediting organization or “other appropriate accrediting agency.” An applicant for a new facility must provide a statement of intent to meet such accreditation requirements within one year of obtaining state licensure.
HMOs Admin. Rules and Regs. of State of Georgia, Sec. 120-2-93-0.13.01 Office of Insurance and Safety Fire Commissioner In April 2005, AAAHC was recognized as an approved accrediting organization by the Office of Insurance and Safety Fire Commissioner. According to staff in the Commissioner’s office, HMOs can seek certification under Georgia law through proof of accreditation by an approved accrediting organization only for an expansion of services. If the HMO is starting a new business in the state, it must go through the initial licensing procedure.

Illinois

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Managed Care

Managed Care Reform and Patient Rights Act, 215 ILCS 134/80

Dept of Public Health The Department has established quality assessment standards for health care plans. AAAHC received deemed status from the Department of Public Health (IDPH) as an accreditor of health care plans with regard to health care network quality management and performance improvement standards.
Office-based anesthesia Rules for the Administration of the Medical Practice Act of 1987, Sec. 1285.340 Dept of Professional Regulation The Department has established minimum CME and ACLS certification requirements for operating physicians and anesthesiologists who administer certain levels of anesthesia in physician offices. In 2004, a court invalidated the rule requiring surgeons to have certain training and experience in anesthesia in order for a CRNA to provide anesthesia.

Indiana

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
ASCs Policy of Acute Care Div., Ind. State Dept. of Health, interpreting 410 Ind. Admin. Code Sec. 15-2.2-2 Indiana State Dept of Health The Department accepts a Medicare deemed status survey conducted by AAAHC, or other accrediting organization with deemed status in lieu of its own annual re-licensing survey for the calendar year of that survey.
Community mental health centers 440 Ind. Admin. Code Sec. 4.1 Div of Mental Health, Office of Contract Management, Licensing and Certification AAAHC is approved for accreditation of managed care providers of mental health and addiction services, including HMOs and university student health centers that provide health care services, including mental health. According to the Division, AAAHC does not have Standards that focus strictly on mental health and therefore may not be applicable to stand-alone behavioral health organizations.
Office-based surgery 844 IAC 5-5 Medical Licensing Board of Indiana After January 1, 2010, a practitioner may not perform or supervise a procedure that requires anesthesia in an office-based setting unless the practice is accredited by a Board approve accrediting organization such as AAAHC.

Kansas

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
ASCs and other health care facilities Kan. Rev. Stats. Sec. 65-429 Dept of Health and Environment The Department recognizes accreditation by entities defined in the state statute in lieu of its own licensing and risk management surveys.
HMOs Kan. Rev. Stats. Sec. 40-3211 (b) Insurance Dept A quality of care assessment by an independent organization is required for licensure of HMOs.  AAAHC accreditation is recognized as meeting this requirement.
Office-based surgery K.A.R. 100-25-1-100-25 Kansas State Board of Healing Arts Regulations which set forth requirements for all office based surgery and procedures became effective January 1, 2006. In addition effective July 1, 2006, any physician who performs any office based surgery or procedure using general anesthesia or a spinal or epidural block must operate in an office that meets the standards of approved accrediting organizations, including AAAHC.

Kentucky

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Office-based surgery Guidelines for Office based Surgery Board of Medical Licensure On Dec. 18, 2003, the Board adopted guidelines that reflect prevailing standards of care.  Offices where Level II or III procedures are performed are expected to obtain accreditation by a named accrediting organization, including AAAHC.   Registration, reporting of incidents, and liposuction limits were among the requirements approved. 

Louisiana

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Office-based surgery Louisiana Administrative Code, Title 46, Ch. 73 State Board of Medical Examiners The Board adopted regulations on office based surgery that took effect on Jan. 1, 2005. Exempt procedures include those requiring no anesthesia, local or topical anesthesia, regional anesthesia or conscious sedation, and procedures performed by an oral and maxillofacial surgeon within the dentistry scope of practice. Offices accredited by AAAHC, among other accrediting organizations, and licensed facilities, are exempt from the regulations. 

Maryland

REGULATED ENTITYSTATUTE/RULEAGENCYDESCRIPTION
Freestanding ambulatory care facilitiesMar. Rev. Stats. Sec. 19-3B-03 (d)Dept of Health and Mental Hygiene, Office of Health Care QualityLegislation, which became effective October 1, 2006, requires accrediting organizations to submit an application and enter into an agreement with the Department of Mental Health and Hygiene. Once approved, the accrediting organizations can perform licensing surveys of ambulatory care facilities on behalf of the Department. The new law also covers managed care organization licensing surveys.

Massachusetts

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Clinics SB 2863,  Gen. Laws, Chapter 111, Sec. 53G Dept of Health Legislation enacted on August 10, 2008 defines any entity which is certified or seeks certification as a Medicare ASC as a clinic for the purposes of licensure. Prior to the enactment of this legislation, certain physician owned entities could become Medicare certified ASCs without obtaining a license. Any such clinic which is accredited by AAAHC or another designated accrediting organization is deemed in compliance with the conditions for licensure as a clinic.
Office- based surgery Mass. Medical Society Guidelines for Office-Based Surgery Mass. Medical Society; Board of Registration in Medicine The Board endorsed the medical society’s guidelines, which are based on the level of anesthesia and the complexity of the procedures performed. In addition to other requirements, the recommendations provide that offices where surgery other than minor procedures are performed should be accredited by an accrediting organization, including AAAHC or AAOMS Office Anesthesia Evaluation program, or any other agency approved by the Board.

Mississippi

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Office-based surgery Miss. State Board of Medical Licensure, Rules and Regulations, Article XXIV State Board of Medical Licensure Depending on the level of surgery performed, the Board’s requirements address surgeon registration, surgical logs and records, reporting of adverse incidents, equipment, supplies, and training of surgeons. The Board provides an alternative credentialing mechanism for procedures outside a physician’s core curriculum.  Strong recommendations are included for amount of fat to be removed using tumescent liposuction.

Montana

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Outpatient centers for surgical services (not including physician offices) Mont. Code Sec. 50-5-103; SB 105 Dept of Public Health and Human Services The Department may consider as eligible for licensure during the accreditation period any outpatient center for surgical services that furnishes written evidence of its accreditation by AAAHC or JCAHO.  This is an alternative to inspections by the Department.

Nebraska

REGULATED ENTITTYSTATUTE/RULEAGENCYDESCRIPTION
ASCs175 Neb. Admin. Code, Ch. 7Dept of Health and Human Services, Regulation and Licensure, Credentialing DivisionThe Department deems ambulatory surgical centers accredited by AAAHC or JCAHO, or certified to participate in the Medicare or Medicaid program, to be in compliance with its standards of operation, care and treatment.

Nevada

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
ASCs

AB 123; §1 NRS 449.037 and 449.445

NAC 449.9745

LCB File No. R203-09

State Division of Health

Dept. of Health and Human Services Health Division Bureau of Health Care Quality and Compliance
Assembly Bill 123 mandates accreditation for licensed surgical centers. Centers must obtain accreditation by March 31, 2010. Newly licensed centers must submit proof of accreditation within six months of obtaining a license.
HMOs NAC Secs. 695C.300-320 State Division of Health External quality examinations are required for HMO licensing. AAAHC accreditation is recognized as meeting this requirement.
Office–based surgery

AB 123; LCB File No. R179-09; Nevada Register of Reg. R179-09A

State Board of Health Assembly Bill 123 also includes a requirement that physician offices which are not licensed as a medical facility obtain a permit prior to providing general anesthesia, conscious sedation or deep sedation. Permits must be obtained for each location. In addition, these offices must maintain accreditation by a nationally recognized accrediting organization recognized by the State Board of Health. Permits should have been obtained before October 1, 2010.

New Hampshire

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Ambulatory surgical facilities Laws of NH, Sec. 151:5-b; NHCAR 1904.1 (t) Dept of Health and Human Services; Health Services Planning & Review Board Medicare-certified facilities are deemed licensed and are exempt from state inspections.  Existing ambulatory surgical facilities may demonstrate the delivery of safe services by providing copies of accreditation survey reports.

New Jersey

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Ambulatory care facilities   Dept of Health and Senior Services Ambulatory care facilities licensed to provide surgical and related services have one year from enactment to become accredited.
  NJAC 8:43A-3.12 (b) Department of Health and Senior Service After licensure, ASCs must submit annually the report of a survey by an independent accreditation organization whose standards meet or exceed Medicare conditions of coverage; however licensure is not conditional upon accreditation.
Office-based surgery and anesthesia NJAC 13:35-4A.12; 17; Board of Medical Examiners

Regulations govern the administration of office-based anesthesia, including standards for training, credentialing, staffing, equipment and reporting.  In Dec. 2002, the Board issued the final rule detailing the alternative privileging mechanism for office-based physicians who do not hold hospital privileges.  Certain documentation of competence, training and clinical experience are required to obtain privileges for performing surgery or special procedures, performing or supervising general and regional anesthesia or conscious sedation, or utilizing lasers.  The privileging requirement is not imposed for “minor surgery” although certain procedures such as liposuction and breast augmentation are not considered minor.

Privileges are granted for two years.  Initial applications must be submitted by Dec. 16, 2003.  Physicians who submit an application for alternative privileging may continue to provide services until the Board acts on their application.  The Board developed a list of acceptable in-office procedures and alternative privileging application forms, and selected an entity to review the documentation submitted along with application.
  NJAC 13:35-6.7 Board of Medical Examiners

Effective November 7, 2005, physicians who perform “new or novel procedures in an office setting” must establish procedural protocol that provides for the protection of patients consistent with settings under the jurisdiction of an Institutional Review Board which complies with the requirements of the Food and Drug Administration.

In June 2005, the New Jersey Supreme Court upheld the Superior Court’s ruling that the Board of Medical Examiners has the legal authority to impose supervision requirements on CRNAs working in physician’s offices.   A supervising physician without concurrent responsibilities must be present in the room when a CRNA administers general or regional anesthesia. These rules are the most restrictive of any state.
 

Senate Bill No. 787

Section 12 of P.L. 1971, C.136

Dept of Health and Senior Services

 Legislation was signed into law on March 21, 2009 which requires surgical practices to register with the Department of Health and Senior Services by March 2010. In addition, surgical practices must either obtain Medicare certification or accreditation from a CMS deemed accrediting body, including AAAHC, as a condition of registration. A surgical practice is defined as a structure or suite of rooms which has no more than one room for use as an operating room specifically designed for surgery, has dedicated recovery area and is established by a physician practice.  The term also includes unlicensed entities which are currently Medicare certified.  Also included in the legislation are additional requirements for registration.

  NJAC 8:43C  

 Regulations effective as of January 12, 2012 require surgical practices in operation on January 17, 2012 to register with the Department or cease operation no later than April 16, 2012. Requirements for registration of surgical practices which had not commenced operation by January 17, 2012 were also included. Other requirements as set forth in the enabling legislation are also included. The Department has the authority to revoke, suspend of deny and application.

New Mexico

REGULATED ENTITYSTATUTE/RULEAGENCYDESCRIPTION
Health facilities, including outpatient facilities and diagnostic and treatment centersNM Statutes, Sec. 24-1-5 (F)Dept of Health, Health Facility Licensing and Certification BureauLicensed health facilities that receive certification to participate in federal reimbursement programs and are fully accredited by entities defined in the statute are granted a license renewal based on that accreditation.

New York

Adverse Event Reporting for New York Office-Based Surgery Practices:

IN addition to the regulations listed below, AAAHC is required to collect adverse event data from all AAAHC-accredited office-based surgery practices in New York state.

Adverse Event Reporting Form:
At the occurance of a reportable adverse event (as defined by New York State Public Health Law), the organization at which the event took place is required to report certain information to AAAHC.  Please complete the adverse event form and return it to AAAHC.

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Ambulatory surgical facilities NYCRR Title 10, Sec. 755.2 Dept of Health ASCs must obtain accreditation from AAAHC or other named accrediting organizations within two full years of operation.  After an initial licensing inspection, the Dept accepts accreditation surveys in lieu of its own re-licensing inspections.
Office-based surgery

S. 6052

New York State Public Health Law § 230-d(1)
Dept of Health

On July 18, 2007, the Governor signed into law legislation (S.6052) requiring that office-based surgeries be performed by physicians in settings that have obtained and maintained accreditation. Under the law, performing surgery in an unaccredited setting would constitute professional medical misconduct.

In addition, the new law requires physicians in these practices to report adverse events, including patients who die within 30 days of a procedure, unplanned transfers to hospitals or other "serious or life-threatening" events, to the state Health Department's Patient Safety Center within 24 hours. Data from these reports is protected under the new legislation and will not be subject to public disclosure under state "freedom of information" act requests but can be included in reports that aggregate such outcome data.

The accreditation requirement became effective July 14, 2009. AAAHC has been recognized by the Department of Health as an approved accrediting organization.

North Carolina

REGULATED ENTITYSTATUTE/RULEAGENCYDESCRIPTION
Ambulatory surgical facilities10 NC Admin. Code 03R.2116; 03R Sec. 2100; 03Q.0202(a)Division of Facility Services, Dept of Health and Human ResourcesAmbulatory surgery facilities (ASFs) are required to obtain accreditation from AAAHC or a comparable accreditation authority within two years of completion of the facility. ASFs accredited by AAAHC or other accrediting organizations are deemed as meeting licensure requirements.
Office-based SurgeryPosition Statement on Office-Based ProceduresNorth Carolina Medical BoardOn January 23, 2003, the Board approved a position statement of standards of practice. By January 2004, any physician performing level II or III procedures in an office should be able to demonstrate substantial compliance with the guidelines, or obtain accreditation by a nationally recognized agency such as AAAHC, or other board-approved agency. Other guidelines address physician credentialing, including an alternative privileging option, emergencies, performance improvement, medical records, patient selection, equipment and supplies and personnel. Failure to comply creates the risk of disciplinary action by the Board.

Ohio

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Ambulatory surgical facilities (ASFs).  Surgical facilities holding themselves out to the public or government entities as ASFs are subject to the regulations. Ohio Code Sec. 3702-30; Admin. Code Sec. 3701-83 Dept of Health

The Department accepts accreditation reports of ASFs in lieu of compliance with health facility regulations and an onsite state survey. The Department is authorized to renew a license without a state survey if the facility is accredited by AAAHC or other named accrediting organizations, and is deemed to be in compliance with the Medicare conditions of coverage.  Compliance may also be demonstrated by an ASF that has achieved Medicare certification through a state survey that was conducted within 90 days of the licensure renewal date.

Effective June 1, 2006, the Department adopted rules which, among other changes, increase penalties for operating without a license and failing to obtain informed consent from patients. The extent of the fine depends on factors, including whether there has been “harm” to the patient.
Office-based surgery Administrative Code Secs. 4731-25-01 to 07 State of Ohio Medical Board The Medical Board approved regulations requiring accreditation of offices where physicians or podiatrists perform surgery using moderate sedation or higher anesthesia.  The rule took effect on January 1, 2004.  Application is required within 18 months of that date and accreditation must be obtained within three years after that date.  AAAHC, other named accrediting organizations and any other board-approved agencies are recognized. The rules also contain education, training and experience requirements for surgery and anesthesia, and limits on liposuction.

Oklahoma

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
HMOs and prepaid health plans Okl. Admin. Code Sec. 310:655-17-11 Dept of Health The Department examines the quality of health care services offered by HMOs and prepaid health plans, and has approved AAAHC as an independent quality examiner.
Office- based surgery   State Board of Medicine The Board adopted guidelines for physicians who perform procedures that require anesthesia or sedation in an office setting.

Oregon

REGULATED ENTITY STATUTE/RULE AGENCY DESCRIPTION
Dentists Oregon Admin. Rules Sec. 818-012-0005 Board of Dentistry Dentists performing specified cosmetic surgery procedures deemed to be within the dentistry scope of practice must hold privileges issued by a credentialing committee of a JCAHO-accredited hospital, or of an ambulatory surgical center licensed by the state and accredited either by AAAHC or JCAHO.
Health care facilities including ambulatory surgical centers ORS Sec. 441.055 (2); OAR Sec. 333-076-0114 (2); Dept of Human Services, Oregon Health Div The Division may accept certificates by accreditation entities listed in the statute as evidence of compliance with acceptable standards in lieu of state inspections.
Office-based surgery

OAR Sec. 847-017-0000 to 006

Oregon Board of Medical Examiners Regulations were adopted at the October 13, 2006 meeting of the Board which require that every physician performing procedures or surgery using conscious sedation or anesthesia services must perform them in a facility that is accredited by an agency approved by the Board. AAAHC is included as an approved accrediting agency.

Pennsylvania

REGULATED ENTITY STATUTE/RULE AGENCY DEPARTMENT
Ambulatory surgical facilities (includes physician offices with a distinct part used solely for surgery on a regular and organized basis) Pa. Rules and Regulations, Title 28, Part IV, Subpart F, Chs. 551- 571 Dept of Health  For Class A, limited to local or topical anesthesia, ASFs must register and obtain accreditation from a named accreditation organization, including AAAHC. For higher Classes B and C, licensure is required, although the rules allow the Department to delegate the survey function to nationally recognized accreditation agencies.  At this time, the Department is not recognizing accreditation for Class B or C licensure but conducts its own licensure surveys.
 HMOs Pa. Rules and Regulations, Title 28, Part I, Ch. 9  Dept of Health External quality review is required for licensure of HMOs. AAAHC accreditation has been recognized as meeting this requirement.  The Department revised its regulations and is expected to issue RFPs to approve external quality reviews organizations.

Rhode Island

REGULATED ENTITY STATUTE/RULE AGENCY DEPARTMENT
Office-based surgery

RI Stats., Ch. 23-17

Dept. of Health Rules and Regulations, R23-17-POSPST
 Dept of Health  The Department issued regulations requiring licensure for offices in which surgery other than minor procedures is performed, along with other requirements.  Physicians who provide such services must be licensed.  Application for accreditation by an accrediting organization, including AAAHC, is required within nine months from initial licensure, with accreditation required within two years after licensure. Accreditation must be maintained as a condition of licensure thereafter. In June 2002, the enabling law was amended to specifically include office based podiatry.

South Carolina

REGULATED ENTITY STATUTE/RULE AGENCY DEPARTMENT
Ambulatory surgical facilities Reg. 61-91, Sec. 202 Dept of Health and Environmental Control The Department may consider accreditation surveys in determining the appropriateness of conducting its own inspections.
 Office-based surgery  Reg. 81-96 Board of Medical Examiners On June 7, 2007, the General Assembly ratified Regulation 81-96 which requires accreditation of certain office-based surgery practices. The regulations define three levels of practice and requirements are based on the level of practice.

Tennessee

REGULATED ENTITY STATUTE/RULE AGENCY DEPARTMENT
Ambulatory surgical centers Tenn. Code Sec. 68-11-210 (b)(5)(A) Dept of Health Licensed health care facilities accredited by a federally recognized accrediting body are deemed to meet all applicable licensing requirements.
Office-based surgery  Rule 0880-2-21 Tennessee Board of Medical Examiners  The Board adopted new regulations in October, 2007 following legislation which directed the Board to use the rules for ambulatory surgical treatment centers guidelines for regulations. These regulations are intended to apply to physician’s who perform Level I, II, IIA and III surgeries as part of a medical practice whose “focus in on the provision of medical services and procedures not related to surgery an option to provide on-site surgical services. Other practices must comply with the laws governing ambulatory surgical treatment centers. For Level I and II  office-based surgery practices, the rule sets forth  requirements. For Level III office-based surgery, the physician must apply for certification from the Board.

HB 1056

Public Chapter No. 373
Dept of Health Legislation has been enacted which requires the Board to use the rules for ambulatory surgical treatment centers as guidelines for establishing rules regarding infection control, life safety, patients’ rights, hazardous waste, and equipment and supplies. The Department of Health is required to provide a site survey of the physician’s office, conduct subsequent unannounced visits and respond to patient complaints. The results of these surveys will be forwarded to the Board, subject to certain confidentiality restrictions.

Texas

REGULATED ENTITY STATUTE/RULE AGENCY DEPARTMENT
 ASCs  25 Texas Admin. Code Sec. 135.20; 135.22 Dept of State Health Services Effective April 4, 2004, an initial or renewal state licensing survey may be waived if the ASC provides documented evidence of accreditation by AAAHC or another accrediting organization and Medicare deemed status. The Executive Commissioner of the Health and Human Services Commission has adopted amendments to the regulations governing ASCs that include new requirements for the governing body to adopt policies relating to accurate billing, evaluation of nutritional needs of patients staying for over 8 hours and establishment of an emergency call system. In addition, the regulations amend requirements for anesthesia, surgical and nursing services and reporting requirements.
Health benefit plans including HMOs  SB 155 Dept of Insurance Legislation enacted on June 17, 2005 deems HMOs and other health benefit plans that are accredited by nationally recognized accreditation organizations, including AAAHC, from state regulatory requirements.
Outpatient surgical settings that are not part of a licensed hospital or ambulatory surgical center

Tex. Civ. Stats. Article 4495b, Subch, G, Secs. 7.01-7.07; Article 4427e

22 TAC Sec. 192.1-192.6;

22 TAC Sec. 221.1-221.17
State Board of Medical Examiners; State Board of Nursing Examiners The two Boards adopted regulations governing physicians and CRNAs providing or administering general or regional anesthesia, or monitored anesthesia, in outpatient settings.  The regulations exempt licensed ASCs and outpatient settings accredited by accreditation organizations, including, AAAHC.

Utah

REGULATED ENTITY STATUTE/RULE AGENCY DEPARTMENT
Surgery, treatment, and birthing centers, behavioral health clinics and home care facilities Dept of Health, Health Facility Licensure, #R432-3-3  Dept of Health  The Department’s regulations recognize accreditation by AAAHC, Community Health Accreditation Program, among others, for deemed status for health care facilities requiring licensure.  In February 2004, the Department approved AAAHC to perform independent audits of ASCs' patient safety programs for identifying and reporting adverse drug events.

Virginia

REGULATED ENTITY STATUTE/RULE AGENCY DEPARTMENT
Ambulatory surgery centers 

12 VAC5-270-60

 

Dept of Health

The Certificate of Public Need regulations require ASCs to meet applicable standards of AAAHC or other named accrediting organization.
Code of Va., Sec. 54.1-2939  

Dept of Professional & Occupational Regulation

Podiatrists may not perform surgery under a general anesthetic in an ambulatory surgery center unless it is approved by AAAHC or another accrediting organization.
Ambulatory surgery centers and office-based surgery 18 VAC 85-20-310 to 390 Board of Medicine The Board issued regulations governing office-based anesthesia, effective June 18, 2003. The regulations cover doctors of medicine, osteopathic medicine and podiatry in non-hospital settings where moderate sedation or higher levels are administered, and include training, transfers, reporting and other requirements.

Washington

REGULATED ENTITY STATUTE/RULE AGENCY DEPARTMENT
ASCs Wash. Admin. Code Sec. 246-330 Dept of Health Legislation enacted on May 2, 2007, requires ambulatory surgical facilities to be licensed. Previously, while certain facilities had to obtain a certificate of need, there was no license requirement. A facility may demonstrate it has met the licensing standards if it is Medicare certified or has met the standards of an accrediting organization with substantially equivalent standards. After June 30, 2009, all ambulatory surgical facilities must be licensed. Whether or not an organization is accredited, the facility must be surveyed every 18 months by the Department of Health. The Department of Health is currently only issuing licenses to organizations which use general anesthesia.Offices maintained for the practice of dentistry and outpatient specialty or multi-specialty surgical services routinely performed in the office of a practitioner in an individual or group practice not requiring general anesthesia are exempt from the licensing requirements. The legislation also includes adverse event reporting requirements as well as numerous other conditions.
Ambulatory surgery centers that contract with Dept. of Labor and Industries Wash. Admin. Code Sec. 296-23B-0100 Dept of Labor and Industries ASCs that contract with the Department to provide medical services to injured workers and crime victims must have either Medicare certification or accreditation by a nationally recognized agency acknowledged by CMS.
Office-based surgery

HB 1414

WAC 246-919-650
Medical Quality Assurance Commission The rules apply to physicians who practice independently or in a group and perform office based surgery using moderate sedation or analgesia, deep sedation or analgesia or major conduction anesthesia. There are exemptions to the rule including surgery performed in licensed facilities and oral and maxillofacial procedures so long as the physician performing the surgery is licensed as both a physician and dentist and is in compliance with the Washington State Dental Assurance Commission regulations, including the holding of the appropriate anesthesia permit. Within 365 days of the effective date of the rule (September 2, 2011), physicians must perform surgery in an organization that is accredited by an approved accrediting organization which includes AAAHC or is a Medicare certified organization. In addition, the rules contain requirements addressing physician competency in anesthesia, the separation of surgical and monitoring functions, emergency care and transfer protocols and medical records.

Wyoming

REGULATED ENTITYSTATUTE/RULEAGENCYDEPARTMENT
ASCsWym. Stats. Sec. 35-2-907(a)Dept of HealthLicensed health care facilities accredited by a nationally recognized accrediting body approved by federal regulations are granted a license renewal without further inspection by the department.