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Ohio Revises Definition of Ambulatory Surgical Facilities, Potentially Expanding Application of Licensure Requirements

Ohio recently revised the definition of an Ambulatory Surgical Facility (ASF), as part of the new 2020/2021 general operating budget legislation. The change expanded the ASF definition, potentially triggering ASF licensing requirements for some facilities not previously subject to such requirements.

Under the revised definition, an ASF includes (1) all facilities that provide outpatient surgical services not within a building providing inpatient services, (2) facilities that provide outpatient surgical services within a building that also provides inpatient care, if the entity providing outpatient surgical services is not operated by the same entity that operates the remainder of the building, or (3) any facilities that hold themselves out to be an ASF.

Prior to this change, any facility offering outpatient surgical services within a building that also offered inpatient services was not included in the definition of an ASF, regardless of entity affiliation. Under the new definition, however, a facility providing outpatient surgical services will be considered an ASF if it is located within an inpatient care building but the outpatient surgical portion is not operated by the same entity offering the inpatient services. Since Ohio requires ASFs be licensed by the Ohio Department of Health, this change means some previously unlicensed facilities may need to obtain ASF licensure.

These changes went into effect on October 17th, 2019. Organizations operating outpatient surgical facilities in Ohio should review their operating arrangements and make sure they are compliant in light of the revised definition.

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About this Author

Robert Nauman, Health Care, Lawyer, Squire Patton Boggs
Principal

Robert has extensive experience counselling healthcare clients, including hospitals and health systems, physicians, physician groups, ambulatory surgery centers, insurers, health plans and management companies, in a variety of regulatory and transactional matters.

Robert’s areas of expertise include healthcare fraud and abuse laws, Medicare reimbursement issues, provider alignment strategies, provider enrollment, accreditation and licensure, Accountable Care Organizations, provider acquisitions and affiliations, healthcare antitrust matters,...

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