Sections 109(b) of the Tax Relief and Health Care Act of 2006 (TRHCA) (Pub. L. 109-432) amended section 1833(i) of the Social Security Act by re-designating clause (iv) as clause (v) and adding new clause (iv) to paragraph (2)(D) and adding new paragraph (7). Section 1833(i)(2)(D)(iv) of the Act authorizes, but does not require, the Secretary to implement the revised ASC payment system “in a manner so as to provide for a reduction in any annual update for failure to report on quality measures in accordance with paragraph (7).” Section 1833(i)(7)(B) of the Social Security Act provides that, except as the Secretary may otherwise provide, the hospital outpatient quality data provisions of subparagraphs (B) through (E) of section 1833(t)(17) of the Act shall apply to ASCs in a similar manner to the manner in which they apply under these paragraphs to hospitals under the Hospital Outpatient Quality Reporting Program. Importantly, section 1833(t)(17)(B) of the Act requires that hospitals (or in this instance, ambulatory surgical centers) submit quality data in a form and manner, and at a time, that the Secretary specifies, or incur a reduction in their annual payment update by 2.0 percentage points.
The latest form for Ambulatory Surgical Center Quality Reporting Program (CMS-10530) expires 2022-12-31 and can be found here.
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