I 

115TH CONGRESS 

1ST SESSION H. R. 1838 

To amend title XVIII of the Social Security Act to modernize payments 

for ambulatory surgical centers under the Medicare program, and for 

other purposes. 

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. SA ́NCHEZ, 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ambulatory Surgical 

3 Center Quality and Access Act of 2017’’. 

4 SEC. 2. ALIGNING UPDATES FOR AMBULATORY SURGICAL 

5 CENTER SERVICES WITH UPDATES FOR OPD 

6 SERVICES. 

7 Section 1833(i)(2)(D) of the Social Security Act (42 

8 U.S.C. 1395l(i)(2)(D)) is amended— 

9 (1) in clause (v)— 

10 (A) in the first sentence, by inserting be11 fore the period the following: ‘‘and, in the case 

12 of 2018 or a subsequent year, by the adjust13 ment described in subsection (t)(3)(G) for the 

14 respective year’’; and 

15 (B) by moving the margin 6 ems to the 

16 left; 

17 (2) by redesignating clause (vi) as clause (vii); 

18 and 

19 (3) by inserting after clause (v) the following 

20 new clause: 

21 ‘‘(vi) In implementing the system described in clause 

22 (i) for 2018 and each subsequent year, there shall be an 

23 annual update under such system for the year equal to 

24 the OPD fee schedule increase factor specified under sub25 section (t)(3)(C)(iv) for such year, adjusted in accordance 

26 with clauses (iv) and (v).’’. 

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1 SEC. 3. TRANSPARENCY OF QUALITY REPORTING AND 

2 MEDICARE BENEFICIARY INFORMATION. 

3 Paragraph (7) of section 1833(i) of the Social Secu4 rity Act (42 U.S.C. 1395l(i)) is amended by adding at the 

5 end the following new subparagraphs: 

6 ‘‘(C) To the extent that quality measures imple7 mented by the Secretary under this paragraph for ambula8 tory surgical centers and under section 1833(t)(17) for 

9 hospital outpatient departments are applicable to the pro10 vision of surgical services in both ambulatory surgical cen11 ters and hospital outpatient departments, the Secretary 

12 shall make reported data on such centers and departments 

13 available on the website ‘Medicare.gov’ in a manner that 

14 will permit side-by-side comparisons on such measures for 

15 ambulatory surgical centers and hospital outpatient de16 partments in the same geographic area. 

17 ‘‘(D) The Secretary shall ensure that an ambulatory 

18 surgery center and a hospital has the opportunity to re19 view, and submit any corrections for, the data to be made 

20 public with respect to the ambulatory surgery center under 

21 subparagraph (C) prior to such data being made public. 

22 ‘‘(E) The Secretary shall develop materials and in23 form beneficiaries under this title of publicly available 

24 comparisons provided for in subparagraph (C).’’. 

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1 SEC. 4. ADVISORY PANEL ON HOSPITAL OUTPATIENT PAY2 MENT REPRESENTATION. 

3 (a) ASC REPRESENTATIVE.—The second sentence of 

4 section 1833(t)(9)(A) of the Social Security Act (42 

5 U.S.C. 1395l(t)(9)(A)) is amended by inserting ‘‘and sup6 pliers subject to the prospective payment system (includ7 ing at least one ambulatory surgical center representa8 tive)’’ after ‘‘an appropriate selection of representatives of 

9 providers’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on the date of the enact12 ment of this Act. 

13 SEC. 5. REASONS FOR EXCLUDING ADDITIONAL PROCE14 DURES FROM ASC APPROVED LIST. 

15 (a) IN GENERAL.—Section 1833(i)(1) of the Social 

16 Security Act (42 U.S.C. 1395l(i)(1)) is amended by add17 ing at the end the following: ‘‘In updating such lists for 

18 application in years beginning after the date of the enact19 ment of this sentence, for each procedure that was re20 quested to be included in such lists during the public com21 ment period but which the Secretary does not propose (in 

22 the final rule updating such lists) to so include in such 

23 lists, Secretary shall cite in such final rule the specific cri24 teria in paragraph (b) or (c) of section 416.166 of title 

25 42, Code of Federal Regulations, based on which the pro26 cedure was excluded. If paragraph (b) of such section is 

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1 cited for exclusion of a procedure, the Secretary shall iden2 tify the peer reviewed research or the evidence upon which 

3 such determination is based. The Secretary may not use 

4 or cite section 416.166(c)(7) of such title as criteria or 

5 a basis for exclusion of a procedure from such lists.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall apply to lists of ambulatory surgery 

8 procedures for application in years beginning after the 

9 date of the enactment of this Act. 

Æ 

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