Ohio Budget Bill changes Ambulatory Surgical Facility definition: Now captures facilities operating within a hospital

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On July 18, 2019, Governor Mike DeWine signed Ohio’s general operating budget for fiscal years 2020–2021. Provisions in this bill change the definition of an Ambulatory Surgical Facility (ASF) and, accordingly, change the types of facilities that are required to be licensed as an ASF. This provision takes effect on October 17, 2019.

Under the previous definition, facilities located within a building where inpatient care is provided were exempt from the licensure requirement for an ASF. Under the new definition, facilities located within a building where inpatient care is provided are required to be licensed as an ASF if the entity that operates the ASF is not the entity that operates the remainder of the building or if the facility is held out as an ASF.

Facilities previously exempt from ASF licensure should review and be prepared to apply for licensure as necessary.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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