§ 68-11-283 — Licensing standards for non-hospital ambulatory surgical treatment centers - Minimum requirements - Payor mix report

(a) As used in this section: (1) "Affiliate" means an entity that is controlled by or under common control with an acute care hospital; (2) "Control" means the ability through ownership, voting authority, or contract to make final decisions regarding management and operation; (3) "Hospital-based ambulatory surgical treatment center" means a licensed ambulatory surgical treatment center that is controlled by an acute care hospital or an affiliate of an acute care hospital; and (4) "Non-hospital ambulatory surgical treatment center" means a licensed ambulatory surgical treatment center that is not a hospital-based ambulatory surgical treatment center. (b) In addition to licensing standards and requirements applicable to all ambulatory surgical treatment centers, the commission is authorized to adopt by rule licensing standards as described in this subsection (b) for non-hospital ambulatory surgical treatment centers licensed on or after December 1, 2027. Such standards must include, at a minimum, requirements that a non-hospital ambulatory surgical treatment center: (1) Participate in the TennCare medical assistance program and provide an amount of care to patients who are TennCare enrollees that is comparable to similarly situated hospital-based ambulatory surgical treatment centers, taking into account the types of outpatient surgeries, procedures, and treatments being performed in the facility; and (2) Provide an amount of charity care that is comparable to similarly situated hospital-based ambulatory surgical treatment centers, taking into account the types of outpatient surgeries, procedures, and treatments being performed in the facility. (c) In developing licensing standards pursuant to this section, the commission shall complete a report by December 1, 2025, that includes a compilation of payor mix information, by geographical area and type of surgery or procedure, for outpatient surgeries, procedures, and treatments performed in hospitals and hospital-based ambulatory surgical surgery centers. The payor mix information must include percentages of patients who are TennCare enrollees, medicare patients, or charity care patients. The report must be developed with participation from and input of various stakeholders, including existing ambulatory surgical treatment centers, physicians, nonprofit hospitals, rural hospitals, investor-owned hospitals, and others in the discretion of the commission.

Legislative History

Added by 2024 Tenn. Acts, ch. 985,s 11, eff. 7/1/2024.