The Vermont Statutes Online

Title 18: Health

Chapter 049: Ambulatory Surgical Centers

• Subchapter 001: GENERAL PROVISIONS

• § 2141. Definitions

  As used in this chapter:

  (1) “Ambulatory surgical center” means any distinct entity that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and for which the expected duration of services would not exceed 24 hours following an admission. The term does not include:

  (A) a facility that is licensed as part of a hospital; or

  (B) a facility that is used exclusively as an office or clinic for the private practice of one or more licensed health care professionals, unless one or more of the following descriptions apply:

  (i) the facility holds itself out to the public or to other health care providers as an ambulatory surgical center, surgical center, surgery center, surgicenter, or similar facility using a similar name or a variation thereof;

  (ii) procedures are carried out at the facility using general anesthesia, except as used in oral or maxillofacial surgery or as used by a dentist with a general anesthesia endorsement from the Board of Dental Examiners; or

  (iii) patients are charged a fee for the use of the facility in addition to the fee for the professional services of one or more of the health care professionals practicing at that facility.

  (2) “Health care professional” means:

  (A) a physician licensed pursuant to 26 V.S.A. chapter 23 or 33;

  (B) an advanced practice registered nurse licensed pursuant to 26 V.S.A. chapter 28;

  (C) a physician assistant licensed pursuant to 26 V.S.A. chapter 31;

  (D) a podiatrist licensed pursuant to 26 V.S.A. chapter 7; or

  (E) a dentist licensed pursuant to 26 V.S.A. chapter 12.

  (3) “Patient” means a person admitted to or receiving health care services from an ambulatory surgical center. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• Subchapter 002: LICENSURE OF AMBULATORY SURGICAL CENTERS

• § 2151. License

  No person shall establish, maintain, or operate an ambulatory surgical center in this State without first obtaining a license for the ambulatory surgical center in accordance with this subchapter. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• § 2152. Application; fee

  (a) An application for licensure of an ambulatory surgical center shall be made to the Department of Health on forms provided by the Department and shall include all information required by the Department. Each application for a license shall be accompanied by a license fee.

  (b) The annual licensing fee for an ambulatory surgical center shall be $600.00.

  (c) Fees collected under this section shall be credited to the Hospital Licensing Fees Special Fund and shall be available to the Department of Health to offset the costs of licensing ambulatory surgical centers. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• § 2153. License requirements

  (a) Upon receipt of an application for a license and the licensing fee, the Department of Health shall issue a license if it determines that the applicant and the ambulatory surgical center facilities meet the following minimum standards:

  (1) The applicant shall demonstrate the capacity to operate an ambulatory surgical center in accordance with rules adopted by the Department.

  (2) The applicant shall demonstrate that its facilities comply fully with standards for health, safety, and sanitation as required by State law, including standards set forth by the State Fire Marshal and the Department of Health, and municipal ordinance.

  (3) The applicant shall have a clear process for responding to patient complaints.

  (4) The applicant shall participate in the Patient Safety Surveillance and Improvement System established pursuant to chapter 43A of this title.

  (5) The applicant shall maintain certification from the Centers for Medicare and Medicaid Services and shall accept Medicare and Medicaid patients for ambulatory surgical center facility services.

  (6) The ambulatory surgical center facilities, including the buildings and grounds, shall be subject to inspection by the Department, its designees, and other authorized entities at all times.

  (b) A license is not transferable or assignable and shall be issued only for the premises and persons named in the application. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• § 2154. Revocation of license; hearing

  The Department of Health, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be served by registered mail or by personal service, shall set forth the reasons for the proposed action, and shall set a date not less than 60 days from the date of the mailing or service on which the applicant or licensee shall be given opportunity for a hearing. After the hearing, or upon default of the applicant or licensee, the Department shall file its findings of fact and conclusions of law. A copy of the findings and decision shall be sent by registered mail or served personally upon the applicant or licensee. The procedure governing hearings authorized by this section shall be in accordance with the usual and customary rules provided for such hearings. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• § 2155. Appeal

  Any applicant or licensee, or the State acting through the Attorney General, aggrieved by the decision of the Department of Health after a hearing may, within 30 days after entry of the decision as provided in section 2154 of this title, appeal to the Superior Court for the district in which the appellant is located. The court may affirm, modify, or reverse the Department’s decision, and either the applicant or licensee or the Department or State may appeal to the Vermont Supreme Court for such further review as is provided by law. Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• § 2156. Inspections

  The Department of Health shall make or cause to be made such inspections and investigations as it deems necessary. If the Department finds a violation as the result of an inspection or investigation, the Department shall post a report on the Department’s website summarizing the violation and any corrective action required. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• § 2157. Records

  (a) Information received by the Department of Health through filed reports, inspections, or as otherwise authorized by law shall:

  (1) not be disclosed publicly in a manner that identifies or may lead to the identification of one or more individuals or ambulatory surgical centers;

  (2) be exempt from public inspection and copying under the Public Records Act; and

  (3) be kept confidential except as it relates to a proceeding regarding licensure of an ambulatory surgical center.

  (b) The provisions of subsection (a) of this section shall not apply to the summary reports of violations required to be posted on the Department’s website pursuant to section 2156 of this chapter. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• § 2158. Nonapplicability

  The provisions of chapter 42 of this title, Bill of Rights for Hospital Patients, do not apply to ambulatory surgical centers. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

• § 2159. Rules

  The Department of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 as needed to carry out the purposes of this chapter. The rules shall include requirements regarding:

  (1) the ambulatory surgical center’s maintenance of a transport agreement with at least one emergency medical services provider for emergency patient transportation;

  (2) the ambulatory surgical center’s maintenance of a publicly accessible policy for providing charity care to eligible patients; and

  (3) the ambulatory surgical center’s participation in quality reporting programs offered by the Centers for Medicare and Medicaid Services. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)