National ASC Association Weighs In On Jersey Woes

Kathy Bryant, chief executive officer of the newly-formed, unified voice of the ambulatory surgery center (ASC) industry, the ASC Association, says that although she is “appalled” at what is unraveling in New Jersey, she also points out some positive aspects the case has brought to light.

“We are appalled by the suggestion that physician owners shouldn’t be able to refer to cases to ASCs,” Bryant asserts. “Certainly, Representative Stark considered this when the federal Stark law was enacted, and it was very clear to him and to the HHS (Health and Human Services) inspector general office (OIG) that there was no potential problem with physicians referring to ASCs when they were going to perform the procedures themselves. That is a very different thing than referring for other services where you don’t have to do anything. The physician remains responsible for the surgery being preformed, etc. We clearly think that the federal logic on this particular issue is certainly better.”

Bryant says that one of the things in the recent decision on the N.J. Codey law was that the judge himself acknowledged that in all the papers in this court case — and with an insurer trying to make the point — that there was no evidence of over-utilization or unnecessary surgeries being.

Bryant pledges that her group will be active throughout the unfolding of this case. “We are definitely going to be working,” she promises. “In fact, we had some conversations and (we) are working on setting up some meetings.

“We are certainly going to — as a national association — be very helpful to the ASCs in New Jersey as they attempt to figure out how to fix this problem.”

The attorneys at the Wolfblock law firm are still awaiting word on the judge’s ruling for the motion to intervene. For the full story, click here.

Stay tuned to www.surgicenteronline.com for updates as they become available.

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