[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR416.41]



[Page 813]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 416_AMBULATORY SURGICAL SERVICES--Table of Contents

 

               Subpart C_Specific Conditions for Coverage

 

Sec. 416.41  Condition for coverage--Governing body and management.



    The ASC must have a governing body, that assumes full legal 

responsibility for determining, implementing, and monitoring policies 

governing the ASC's total operation and for ensuring that these policies 

are administered so as to provide quality health care in a safe 

environment. When services are provided through a contract with an 

outside resource, the ASC must assure that these services are provided 

in a safe and effective manner. Standard: Hospitalization. The ASC must 

have an effective procedure for the immediate transfer to a hospital, of 

patients requiring emergency medical care beyond the capabilities of the 

ASC. This hospital must be a local, Medicare participating hospital or a 

local, nonparticipating hospital that meets the requirements for payment 

for emergency services under Sec. 482.2 of this chapter. The ASC must 

have a written transfer agreement with such a hospital, or all 

physicians performing surgery in the ASC must have admitting privileges 

at such a hospital.



[47 FR 34094, Aug. 5, 1982, as amended at 51 FR 22041, June 17, 1986]