Effective March 28, 2007, Paragraph (1) of subdivision (d) of Section
400.18 of Title 10 (Health) of the Official Compilation of Codes, Rules,
and Regulations of the State of New York (NYCRR) is amended to read as
follows:
(1) All facilities licensed under article 28 of the Public Health Law
that provide ambulatory surgery services shall submit in an
electronic format for each patient surgical visit that requires a
stay of less than 24 hours any procedure listed in the American
Medical Association Current Procedural Terminology (CPT) as
prescribed by the commissioner to be maintained on an annual basis,
including but not limited to all procedures in the Surgery Section of
CPT.
The Ambulatory Surgery Procedure Code list (effective 4/1/2007) for SPARCS
Reporting of the above is as follows:
CPT-4 Category Code Range
Surgery 10021 - 69990
Medicine
Cardiovascular 92973 - 92998
Cardiac Catheterization 93501 - 93581
Intra-cardiac Electrophysiological Procedures/Studies 93600 - 93662
Previous Definition of NYS Collected Ambulatory Surgery Data
Brief Description
Sections 755.1 and 405.20(d) define an ambulatory surgery service as one
organized to provide surgical procedures performed for safety reasons in an
operating room on anesthetized patients requiring a stay of less than 24
hours. The regulations also explicitly exclude outpatient surgical
procedures that can be performed safely in an outpatient treatment room or
a private physician's office. These regulations are employed in the
licensure of freestanding and hospital-based ambulatory surgery centers, in
the oversight and surveillance of these facilities by the Department, and
are the foundation for Medicaid in reimbursement (the actual reimbursement
methodology for ambulatory surgery is found in Part 86-4.40). These rules
also served as the basis for the reporting of ambulatory surgical
procedures to the Statewide Planning and Research Cooperative System
(SPARCS) as required by Section 400.18 since the mid 1980's.
Historical Reason behind the Change
Since these regulations defining ambulatory surgery were enacted nearly
twenty years ago, progress in medical technology, surgical technique, and
medical practice have resulted in a dramatic broadening of site of service,
with a shift from the operating suite to procedure rooms, physician
offices, and outpatient clinics. This change has left the Department with a
set of regulations that were dramatically out of step with modern medical
practice. Consequently, the stipulation in the current Sections 755.1 and
405.20(d) that ambulatory surgical procedures are those performed in an
operating room in effect narrows the definition of ambulatory surgery by
excluding a large number of surgical procedures increasingly performed in
non-operating room settings.
Because the SPARCS reporting requirements in Section 400.18 employed the
definition of ambulatory surgery set forth in Sections 755.1 and 405.20(d),
operators of both hospital-based and freestanding ambulatory surgery
centers (ASCs) were required to report to SPARCS only those procedures
performed in an operating room. This resulted in the extensive
underreporting of ambulatory surgical procedures to SPARCS. This in effect
hampered the Department's efforts to develop appropriate mechanisms for
quality assurance of ambulatory surgical procedures carried out in Article
28 facilities. By changing the definition to explicitly state the codes
necessary for reporting ambulatory surgery procedures, the Department will
be able to conduct research into the epidemiology of diseases and
conditions amenable to surgical intervention and to identify changes and
trends in surgical practice over time.
Change Requested in Definition
Because Sections 755.1 and 405.20(d) are closely tied to reimbursement
regulations and methodologies for ambulatory surgery reimbursement in
Medicaid, they cannot be amended without statutory change to Medicaid
reimbursement structures. However, because of the urgent need to amend
SPARCS reporting requirements for ambulatory surgical procedures, the
Department proceeded with revision of Section 400.18, which did not require
legislative action. The revisions to Section 400.18 broadened the
definition of ambulatory surgery for SPARCS reporting purposes only. The
definition of ambulatory surgery in Sections 755.1 and 405.20(d) remains
unchanged until legislation to amend the Medicaid formula for ambulatory
surgery is proposed and passed.
The broader definition of ambulatory surgery in the revisions to Section
400.18 removes the stipulations that ambulatory surgical procedures are
those that must be performed for safety reasons in an operating room and on
anesthetized patients. It further removes the exclusion of those outpatient
surgical procedures that can be performed safely in an outpatient treatment
room or other non-operatory setting. The revisions retain the stipulation
that ambulatory surgical procedures require a stay of less than 24 hours'
duration.
The revised rule adds a list of American Medical Association's Current
Procedural Terminology (CPT) procedure codes; this list is to be prescribed
by the Commissioner and maintained on an annual basis, including but not
limited to, all procedures in the Surgery Section of CPT. Thus, the new
definition of ambulatory surgery services for SPARCS reporting purposes
covers all CPT surgery procedures performed in hospital-based and
freestanding Article 28 ambulatory surgery facilities, regardless of
whether carried out in an operating room, an outpatient treatment room, a
procedure room or other setting. It also covers other procedures, as
prescribed by the Commissioner, which may not currently be defined as
"surgery". Examples are certain cardiac catheterization procedures and some
procedures in the emergent field of radiosurgery. The scope of the
definition will help ensure the reporting to SPARCS of all ambulatory
surgical procedures conducted in Article 28 facilities, even as progress in
medical treatment results in the continued migration of these procedures
from the traditional operating room to other venues.
Mike Medvesky
Dir. Public Health Information Group
NYSDOH