333-076-0185 ASC Physical Environment (1) On and after January 7, 2019, any person proposing to construct a new ASC, or proposing to make certain alterations or additions to an existing ASC, must, before commencing new construction, alterations, or additions, comply with OAR chapter 333, division 675 and these rules. (2) Only the portion of an existing ASC that is being altered or renovated and any impacted ancillary areas required to ensure full functionality of the ASC must meet the requirements in section (3) of this rule. (3) An applicant or a licensed ASC must comply with Chapter 2.7 and Chapter 2.9 of the 2018, Facilities Guidelines Institute (FGI), Guidelines for Design and Construction of Outpatient Facilities, adopted by reference including all references to part, subpart, sections, subsections, paragraphs, subparagraphs and appendices except as specified in sections (4) and (5) of this rule. To the extent that other FGI chapters are referenced in Chapter 2.7 and Chapter 2.9, a facility must also comply with the referenced chapters. References in FGI to "and/or" mean "or". (4) The chapters, sections, subsections, paragraphs, subparagraphs or appendices of the 2018, FGI, Guidelines for Design and Construction of Outpatient Facilities specified in OAR 333-535-0015(6)(a) through (g) and (i) are not adopted by reference and do not apply under this rule. (5) The amendments made to the 2018, FGI, Guidelines for Design and Construction of Outpatient Facilities, as adopted and incorporated by reference, specified in OAR 333-535-0015(7)(a) through (tt), and (sss) through (uuu) shall apply under this rule. (6) The Authority may, upon written request, allow minor variations from these requirements (other than fire and life safety requirements) when conditions make certain changes to ASCs impractical to accomplish, as long as the intent of the requirement is met and the care and safety of patients will not be jeopardized. An applicant or ASC must obtain written approval of the Authority in accordance with OAR 333-076-0246, for any minor variation. (7) An ASC is a distinct entity and must be separate and distinguishable from any other health care facility or office-based physician practice. Medicare-certified ASCs are subject to specific requirements related to sharing spaces with another health care facility or office-based physician practice. An ASC that is Medicare-certified must be distinct from any other health care facility or office-based physician practice as required in 42 CFR 416.2 and 42 CFR 416.44(a)(2) and (b). (8) An ASC shall conform to the editions of the Oregon State Building Code, as defined in ORS 455.010(8), under which they were constructed. ASCs to be certified for Medicare reimbursement shall meet standards of the 2012, National Fire Protection Association (NFPA) #101 and #99 Codes. (9) An ASC must continue to meet all applicable building and physical environment standards, including but not limited to structural, mechanical, electrical, plumbing, fire and life safety codes as required by this rule that were in effect at the time of license, or the standards that applied at the time of a major alteration or new construction. Each instance of non-compliance with a building or physical environment standard or code is a separate violation. Statutory/Other Authority: ORS 441.025 & 441.060 Statutes/Other Implemented: ORS 441.025 & 441.060 History: PH 18-2019, amend filed 10/01/2019, effective 01/01/2020 PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 PH 5-2012, f. 3-30-12, cert. ef. 4-1-12 HD 3-1990, f. 1-8-90, cert. ef. 1-15-90, Renumbered from 333-076-0100(11)(a)-(k) HD 23-1985, f. & cert. ef. 10-11-85, Renumbered from 333-023-0163(1) HD 25-1983(Temp), f. & cert. ef. 12-21-83 HD 11-1980, f. & cert. ef. 9-10-80