🎙️ Aired: March 11, 2025
🎧 Listen Now: ASC Podcast with John Goehle – Episode 240
Sponsored by: Surgical Information Systems | RFX Solutions | MedServe | Ambulatory Healthcare Strategies
In Episode 240 of the ASC Podcast with John Goehle, we bring you up to speed on urgent industry updates, from major Certificate of Need (CON) changes and OIG warnings on anesthesia models to new developments in Corporate Transparency Act enforcement. We also shine a spotlight on Emergency Preparedness, an area under sharp surveyor focus in 2025.
If you’re a busy ASC leader trying to stay ahead of regulatory and operational challenges, this is an episode you can’t afford to miss.
🔍 In This Episode:
📌 Latest ASC News & Updates
- Patient Safety Awareness Week (March 10–16): Check out IHI’s resources and webinar on AI in patient safety.
- Gallup Workforce Report: A record number of employees are exploring new jobs, citing work-life balance, pay, stability, and doing what they do best as top motivators. Only 1 in 5 employees feel their workplace values them—important context for ASC retention strategies.
🏥 CON Reform Across the Country
What is a Certificate of Need (CON)?
A state-mandated approval process required to establish or expand healthcare facilities in certain jurisdictions.
Key Changes:
- North Carolina: CON eliminated in counties >125,000 residents (Nov 2025)
- South Carolina: CON repealed; licensure still required
- Tennessee: CON sunsets in 2027; ASCs must serve TennCare and charity care
- Georgia: Exemptions added for single-specialty ASCs owned by individual physicians
📖 Learn more in Whiteford’s CON Update Article
⚠️ OIG Anesthesia Company Model Advisory
Facing anesthesia provider shortages, many ASCs have explored the “Company Model”, but the OIG is raising red flags.
What is the Company Model?
A business model where ASC owners form a separate anesthesia entity, then contract anesthesia providers through it—retaining a portion of the anesthesia fees.
OIG Findings:
This model potentially violates the Anti-Kickback Statute (AKS). Civil and criminal penalties may apply if arrangements are found to be non-compliant.
📌 Bottom Line: Always consult healthcare counsel before entering alternative anesthesia agreements.
🔗 Full advisory via Whiteford Law
🧾 Corporate Transparency Act (CTA) Update
March 2025 Update:
FinCEN announced it will not currently enforce Beneficial Ownership Information (BOI) reporting for some entities while rules are revised.
The law is still technically in effect—filing is encouraged. Stay tuned for further clarification.
🔦 Focus Segment: Emergency Preparedness in ASCs
Emergency preparedness is under increased scrutiny in 2025. CMS requires all ASCs to comply with 42 CFR § 416.54, including:
✅ Emergency Plan Must-Haves:
- A current Hazard Vulnerability Assessment (HVA) with real-world risks (e.g., power loss, cyberattacks)
- Clear evacuation procedures and shelter-in-place protocols
- Continuity planning for staffing, records, and patient care
✅ Required Policies & Procedures:
- Staff tracking and communication systems
- Use of volunteers and surge staffing plans
- Data protection and HIPAA-compliant documentation
✅ Training & Testing:
- Initial and biennial training for all staff
- Two annual drills:
- One full-scale (or functional) exercise
- One additional event: mock drill, tabletop, or workshop
✅ Survey Tips:
- Customize your plan—don’t rely on generic online templates
- Document everything: drills, training logs, after-action reports
- Review your emergency plan, policies, and communication tools every 2 years
💡 Pro Tip: Meet with your local fire chief or emergency services. Building real-world relationships matters (and yes, donuts help).
CMS Emergency Preparedness Rule: Link
🎓 ASC Bootcamps: Train with the Best
With the ongoing leadership turnover in ASCs, strong onboarding and mentorship are critical. That’s where the ASC Bootcamp Series comes in:
- Administrator Bootcamp
- Director of Nursing Bootcamp
- Business Office Manager Bootcamp
- On-Demand Options Available!
Learn more or register at asc-central.com
🎧 Want More?
🔗 Listen to Episode 240 on your favorite podcast platform
🤝 Become a Patron Member at asc-central.com
Disclaimer: This blog is for educational purposes only and does not constitute legal or regulatory advice. Always consult qualified professionals for specific guidance.