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H.R. 1838House115th Congress (2017-2019)In Committee

Ambulatory Surgical Center Quality and Access Act of 2017

Sponsored by Devin NunesRep. Devin Nunes (R-CA)
Introduced March 30, 2017

AI-Generated Summary

Updated April 15, 2026 at 2:23 PM UTC

The Ambulatory Surgical Center Quality and Access Act of 2017 updates how Medicare pays ambulatory surgical centers (ASCs). It lines ASC payment updates up with the outpatient department fee schedule, makes quality‑performance data for ASCs publicly comparable to hospitals, adds ASC representation to a payment advisory panel, and requires the government to explain why certain procedures are left off the ASC approved list.

Key Provisions

  • ASC payment updates will be tied each year to the same increase factor used for outpatient department (OPD) services.
  • The Secretary must post quality‑measure data for ASCs and hospital outpatient departments side‑by‑side on Medicare.gov, let the centers review and correct the data before release, and provide educational materials to beneficiaries about these comparisons.
  • An ASC representative (and other suppliers) must be included on the advisory panel that advises on hospital outpatient payment policies.
  • When the Secretary decides not to add a requested procedure to the ASC approved list, the final rule must cite the specific regulatory criteria and, if based on research, the peer‑reviewed evidence; a particular exclusion criterion (section 416.166(c)(7)) cannot be used.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

Health Subcommittee

April 12, 2017

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HouseIntro Referral

Introduced in House

March 30, 2017

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Energy and Commerce Committee

March 30, 2017

HouseCommittee

Referred to the Subcommittee on Health.

Health Subcommittee

March 31, 2017

HouseCommittee

Referred to the Subcommittee on Health.

Health Subcommittee

April 12, 2017

Bill Text

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Introduced in HouseIssued March 30, 2017

I

115th CONGRESS

1st Session

H. R. 1838

IN THE HOUSE OF REPRESENTATIVES

March 30, 2017

Mr. Nunes (for himself, Mr. Larson of Connecticut, Mr. Stewart, Mr. Schweikert, Mr. Garamendi, Mr. Smith of Washington, Mrs. Blackburn, Mr. Lamborn, Mr. Veasey, Mr. Tipton, Mr. Young of Alaska, Mr. Sessions, Mr. Roe of Tennessee, Mrs. Walorski, Mr. Norcross, Mr. Pascrell, Mr. Bucshon, Mr. Hensarling, Ms. Sánchez, Mr. Lance, Mr. Stivers, Mr. Swalwell of California, Mr. David Scott of Georgia, Ms. Jenkins of Kansas, Mr. Loebsack, Mr. Kildee, Mr. Peters, Mr. Farenthold, and Mr. Sam Johnson of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 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.

1.

Short title

This Act may be cited as the Ambulatory Surgical Center Quality and Access Act of 2017.

2.

Aligning updates for ambulatory surgical center services with updates for OPD services

Section 1833(i)(2)(D) of the Social Security Act (42 U.S.C. 1395l(i)(2)(D)) is amended—

(1)

in clause (v)—

(A)

in the first sentence, by inserting before the period the following: and, in the case of 2018 or a subsequent year, by the adjustment described in subsection (t)(3)(G) for the respective year; and

(B)

by moving the margin 6 ems to the left;

(2)

by redesignating clause (vi) as clause (vii); and

(3)

by inserting after clause (v) the following new clause:

(vi)

In implementing the system described in clause (i) for 2018 and each subsequent year, there shall be an annual update under such system for the year equal to the OPD fee schedule increase factor specified under subsection (t)(3)(C)(iv) for such year, adjusted in accordance with clauses (iv) and (v).

.

3.

Transparency of quality reporting and Medicare beneficiary information

Paragraph (7) of section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended by adding at the end the following new subparagraphs:

(C)

To the extent that quality measures implemented by the Secretary under this paragraph for ambulatory surgical centers and under section 1833(t)(17) for hospital outpatient departments are applicable to the provision of surgical services in both ambulatory surgical centers and hospital outpatient departments, the Secretary shall make reported data on such centers and departments available on the website Medicare.gov in a manner that will permit side-by-side comparisons on such measures for ambulatory surgical centers and hospital outpatient departments in the same geographic area.

(D)

The Secretary shall ensure that an ambulatory surgery center and a hospital has the opportunity to review, and submit any corrections for, the data to be made public with respect to the ambulatory surgery center under subparagraph (C) prior to such data being made public.

(E)

The Secretary shall develop materials and inform beneficiaries under this title of publicly available comparisons provided for in subparagraph (C).

.

4.

Advisory Panel on Hospital Outpatient Payment Representation

(a)

ASC representative

The second sentence of section 1833(t)(9)(A) of the Social Security Act (42 U.S.C. 1395l(t)(9)(A)) is amended by inserting and suppliers subject to the prospective payment system (including at least one ambulatory surgical center representative) after an appropriate selection of representatives of providers.

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

5.

Reasons for excluding additional procedures from ASC approved list

(a)

In general

Section 1833(i)(1) of the Social Security Act (42 U.S.C. 1395l(i)(1)) is amended by adding at the end the following: In updating such lists for application in years beginning after the date of the enactment of this sentence, for each procedure that was requested to be included in such lists during the public comment period but which the Secretary does not propose (in the final rule updating such lists) to so include in such lists, Secretary shall cite in such final rule the specific criteria in paragraph (b) or (c) of section 416.166 of title 42, Code of Federal Regulations, based on which the procedure was excluded. If paragraph (b) of such section is cited for exclusion of a procedure, the Secretary shall identify the peer reviewed research or the evidence upon which such determination is based. The Secretary may not use or cite section 416.166(c)(7) of such title as criteria or a basis for exclusion of a procedure from such lists..

(b)

Effective date

The amendment made by subsection (a) shall apply to lists of ambulatory surgery procedures for application in years beginning after the date of the enactment of this Act.