In an article on the Advisory Committee on the new CMS Rule, the amendments are intended to „reduce regulatory constraints on providers in hospitals, transplant centres and other facilities by removing certain Medicare requirements,“ but CSAs „must continue to have an effective plan for the transfer of patients requiring emergency medical care from the CSA to a hospital.“ Finally, this emergency policy should include a compensation clause allowing any party to demand a refund from the other party in order to cover any liability, claim, action, loss, cost, damage or cost resulting from any of its acts or omissions in the execution of the agreement. „Our CSA was contacted by a representative of the local hospital, who explained that our transfer contract could be compromised if we offer a new procedure to our CSA,“ Ty Tippets, administrator of the St. George(Utah) Center for Electricity, said in a commentary. Florida deals with the subject from the point of view of medical qualifications. If a physician is not allowed to perform his ASC procedures in a hospital at a reasonable distance, a transfer contract must be concluded in advance. And Georgia notes that hospitals „will not unduly reject a transfer agreement to the CSA.“ Transfer agreements must clearly define the respective responsibilities of the CSA and the hospital in a number of areas, including the transmission of patient information; Providing transportation; Sharing services, equipment and staff Providing care for agency setting and capacity; and the confidentiality of patient records. The HHS rules currently provide that, under The Conditions of Medicare Coverage, CSA maintains either a written transfer agreement with a „participating Hospital in Medicare, or a non-participating local hospital meeting the conditions for payment of emergency services“, or ensure that any physician who provides services to the CSA has initiation privileges in such a hospital. Under the final rule, CSAs are no longer specifically required to maintain a formal hospital transfer contract or to ensure that their physicians retain the privileges of admission to a particular hospital. Instead of the written transmission agreement, the final rule generally requires CSAs to maintain an effective procedure for transferring patients who require emergency treatment to the hospital.
All CSAs that treat Medicare receptors must be certified by the Medicare program and, therefore, meet the federal CSA requirements. One of these requirements requires the CSA to have a written transfer agreement with a local hospital participating in Medicare or a non-participating hospital that meets the Emergency Services Requirements of the Medicare program. If the CSA does not have a transfer contract, any physician operating in the CSA must have admission privileges to a particular CMS-compliant hospital.