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Delaware: Update Office-Based Surgery Requirements

Following last year's passage of office-based surgery legislation signed by Delaware Governor John Carney, ASPS again engaged in the state on the issue when administrative rules were proposed to implement the new law. The law, which clarifies the definition of office-based surgery (OBS) to ensure that all facilities that perform OBS procedures do so in a safe and sanitary environment, is being implemented by the Delaware Division of Health Care Quality.

ASPS believes that facility accreditation provides the necessary oversight and standards to ensure that patients receive the safest surgical care, which is why the Society submitted letters in support of the initial bill and more recently through the regulatory process. ASPS advocates for state and federal measures that impose requirements over procedures performed within OBS facilities that administer certain levels of anesthesia, including: (1) accreditation by a national- or state-recognized accrediting agency/organization such as the American Association for Accreditation of Ambulatory Surgery Facilities, the Accreditation Association for Ambulatory Health Care, or the Joint Commission on the Accreditation of Health Care Organizations; (2) certification to participate in the Medicare program under Title XVIII; or (3) licensure by the state in which the facility is located.

The implementation of that law, through 16 DE Admin. Code 3335, will help increase patient safety in Delaware. The proposed rules are pending further action by the Division of Health Care Quality.

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