SENATE BILL REPORT

SB 5453

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Ambulatory Surgical Facilities. Ambulatory surgical facilities are defined as any distinct entities with the primary purpose of providing outpatient surgical services, in which patients are discharged within 24 hours and do not require inpatient hospitalization. Licensed ambulatory surgical facilities must have facility safety and emergency training programs in place, which must include written transfer agreements with local hospitals. If a patient at an ambulatory surgical facility encounters complications, or otherwise requires inpatient care following their surgery, they must be transferred to a hospital.

Currently, both Medicare and Medicaid do not cover surgeries at ambulatory surgical facilities if the surgery requires an overnight stay.

Washington does not currently license or permit the operation of extended stay recovery centers or other overnight recovery centers associated specifically with an ambulatory surgical facility.

Certificate of Need. Certificate of Need is a regulatory program run by the Department of Health (DOH) that requires certain healthcare providers to receive state approval before building certain types of facilities or offering new or expanded services.

Summary of Bill (Proposed Substitute): Postsurgical recovery care centers are established under the regulation of the Department of Health.

Postsurgical recovery care centers are defined as designated sites that provide medical and nursing services limited to recovery care services. Postsurgical recovery care centers can be freestanding or a defined unit of an ambulatory surgical facility. Recovery care services are post-surgical and post-diagnostic medical and nursing services provided to patients for whom, in the opinion of an attending physician, it is reasonable to expect an uncomplicated recovery, and who are not expected to require intensive care services, cardiac care services, or critical care services. Recovery care services do not include surgical services, radiological services, or obstetrical services.

Ambulatory surgical facilities may offer recovery care services in postsurgical recovery care centers. Postsurgical recovery care centers and ambulatory surgical facilities that add a postsurgical recovery care center, are not subject to the Certificate of Need review.

Patients may stay in a postsurgical recovery care center for a maximum of 48 hours. If a patient requires care beyond the expiration of the 48-hour limit, the patient must be transferred to an appropriate facility. Postsurgical care centers must maintain contractual relationships and transfer agreements with a general acute care hospital.

A postsurgical recovery care center must be no larger than six beds.