The Massachusetts Department of Public Health (DPH) recently released a draft regulation that would prohibit freestanding ASC’s from applying for any Determination of Need (DoN) for any purpose unless the ASC is affiliated with or in a joint venture with an acute care hospital. The recent proposal does, however, eliminate a moratorium on ASCs that has been in place since 1994.
ACG has joined the Massachusetts state GI and ASC societies as well as the Ambulatory Surgery Center Association to revise this unfair proposal. We need your help by taking these easy steps:
- Email: Reg.Testimony@state.ma.us with the required subject line “RE: Proposed Revision of 105 CMR 100.000: Determination of Need”
- Use the suggested language below:
RE: Proposed Revision of 105 CMR 100.000: Determination of Need
I am a gastroenterologist in [insert practice city] and [Name of ASC]. I am submitting this comment on the draft regulations relative to 105 CMR 100.000 on Determination of Need (DoN).
I support the proposed elimination of the moratorium on ASCs that has been in place since 1994.
However, I do not support the restrictive and anticompetitive requirement contained in the proposed regulation that requires an affiliation or joint venture with an acute care hospital in order for a freestanding ASC to apply for a Determination of Need for any proposed project. This unfair restriction on standalone ASCs is unduly burdensome, without merit, and creates a legitimate anti-trust concern. I ask the Department to help ensure that Massachusetts patients can be assisted from the many benefits and cost-effective services that ASCs provide to our health system.
- Attach the template letter as a WORD DOCUMENT to the email
- Tell your colleagues and fellow ACG members to do the same
The proposed regulation and other pertinent info can be found here.
Remember to contact your ACG Governor on important state and local issues impacting you and your practice.
The ACG Board of Governors is one of the most unique aspects of the American College of Gastroenterology. Governors are ACG Fellows that are elected from the membership of a particular state or region. There are currently 76 Governors across seven different regions in the U.S. and abroad. The Board of Governors acts as a two-way conduit between College leadership and the membership at-large. This helps the College make certain it is meeting the evolving needs of the membership. Contact your ACG Governor today.
Francis P. MacMillan, Jr., MD, FACG
ACG Governor for Massachusetts