West Virginia Healthcare Authority

AMBULATORY SURGICAL CARE

CON STANDARDS MEETING

10/23/2008 – 2:00 pm EST

Conference ID # 137202

 

 

 

 

Ms. Sonia Chambers:  My name is Sonia Chambers. I’m Chair of the board of the West Virginia Healthcare Authority and I want to welcome everybody to the fifth or sixth in our series of meetings. The purpose of these meetings is to review the various services that are subject to Certificate of Need review and allow interested parties to comment on whether those services should continue to be reviewed under Certificate of Need or not. As you may or may not know, the legislature has been examining the issue of Certificate of Need during its interim process and I guess that will continue through the next legislative session and we have had discussions with them and agreed to hold these meetings to get input from everybody. We will be passing all of that input on to the Legislative Interim Committee looking at the issue, so we welcome your verbal comments today and invite you to submit any additional comments you might want to in writing and we would ask that you could do that within 30 days of this meeting, so what I’d like to do is start with those that are on the phone. If you would identify yourself and then we’ll go around the room here in Charleston.

 

Dr. Mark Mayle:  My name is Dr. Mark Mayle. I’m with Regional Eye Associates and Surgical Eye Center of Morgantown.

 

Ms. Marilyn White:  Marilyn White with the Healthcare Authority.

 

Ms. [??] [??]:  This is St. Joseph’s Hospital in Parkersburg. We have Jill Parsons, Lynn McCormick, and Michelle Beatty here.

 

Ms. Sonia Chambers:  Do we have anybody else on the phone? I’m guessing somebody just joined us.

 

Ms. Nancy Tonkin:  Yes, this is Nancy Tonkin with the West Virginia Academy of Ophthalmology.

 

Ms. Sonia Chambers:  Hi Nancy.

 

Ms. Nancy Tonkin:  Hi everybody.

 

Ms. Nancy Best:  Also Nancy Best from West Virginia University Hospital.

 

Ms. Angela Slagger:  And Angela Slagger from West Virginia University Hospitals, also.

 

Ms. Sonia Chambers:  Okay, anybody else on the phone? Is that a no? Okay, why don’t we go around the room here? As I said, I’m Sonia Chambers.

 

Ms. Marianne Kapinos:  Marianne Kapinos, Healthcare Authority.

 

Mr. Dayle Stepp:  Dayle Stepp, CON Director.

 

Ms. Sheila Kelly:  Sheila Kelly, Certificate of Need division.

 

Mr. Tim Adkins:  Tim Adkins, Certificate of Need, Healthcare Authority.

 

Mr. Chuck Johnson:  Chuck Johnson, Dinsmore & Shohl.

 

Mr. Bill Hicks:  Bill Hicks, also at Dinsmore & Shohl.

 

Ms. Nora McQuain:  Ms. Nora McQuain. I’m Director of Facility Space and Residential Care for the Bureau for Medical Services Medicaid.

 

Ms. Stacey Ferguson:  Stacey Ferguson, Tri-State.

 

Ms. Brenda Grant:  Brenda Grant with CAMC. 

 

Mr. Ed Hamilton:  Ed Hamilton, Mountain State Blue Cross and Blue Shield.

 

Ms. Debbie Hill:  Debbie Hill, Summersville Memorial.

 

Ms. Lindsey Darling:  Lindsey Darling, Jackson Kelly.

 

Mr. Jim Thomas:  Jim Thomas, Jackson Kelly.

 

Ms. Jill McDaniel:  Jill McDaniel, Hospital Association.

 

Ms. Cindy Dellinger:  Cindy Dellinger of the West Virginia Healthcare Authority.

 

Ms. Martha Morris:  Martha Morris, Consumer Advocate Office.

 

Mr. Jessie Bond:  Jessie Bond in the Consumers Advocate’s Office.

 

Ms. Sonia Chambers:  Okay. What I’d like to do, start with, is to have Dayle, I guess, briefly go through the standards that we have and then also we have an inventory of services around the state and for those of you who are on the phone, this is all available on our website.

 

Mr. Dayle Stepp:  We don’t have the last two items on the website yet, but we’ll get them.

 

Ms. Sonia Chambers:  But they will be?  Okay. Also, this meeting is being recorded. There will be a transcript of the meeting, so if you would identify yourself before you speak so we can attribute your words to you, that would be helpful and then the transcripts will be available on the website, as well, so if anyone wasn’t able to attend in person, they can certainly look at that on the website. All right, Dayle.

 

Mr. Dayle Stepp:  Okay the Standards for Ambulatory Surgery Centers is contained in the Ambulatory Care Center Standards and these were approved in October 1992. Under the Ambulatory Surgery Center it defines four types:  free standing which means it’s a total independent and separate facility, hospital-based independent which means it’s located within a hospital complex, but has a separate, independent financial and administrative status, outpatient surgery is hospital-based dependent which means it’s linked to the hospital and then we have private office practice surgical facilities and this means a facility which is part of a private office practice but shall be reviewable under CON under the following circumstances:  if there are two or more operating rooms, if general, epidural, or spinal anesthesia is provided or if the physician charges an additional fee for the use of the facility or any ambulatory surgery center subject to the standards if it involves the acquisition over a two year period of medical equipment with the value in excess of the threshold which is currently two million dollars. As far as the methodology, proposals involving new surgery centers expanding or replacing the existing surgical capacity which might duplicate existing under-utilized capacity may be denied by the Healthcare Authority. Then it talks about per new operating suites in existing facilities shall not be added unless all existing comparable rooms at the facility are utilized 40 hours a week including billable hours reasonable turnaround. For renovation or replacement of existing operating suites all existing rooms at facility are utilized an average of 36 weeks and for new operating suites in new freestanding facilities shall not be added unless all existing comparable operating rooms at other existing facilities in the area are utilized 40 hours a week. Then there’s the methodology that the first part of it is calculation of a use rate per 1000 population and you can use a national surgical use rate, a West Virginia surgical use rate, or a service area surgical use rate. Once you get this use rate you multiply your service area population and then divide that by 1000 to get your projected surgical procedures. Then you take 40% of that for the low end of the range, 60% for the upper end of the range, so you calculate the number of operating rooms needed within the area, you take your lower end of your projected minus the number of procedures being performed by existing providers, divide that by 1200 which is the capacity of one ambulatory surgery operating room. Then you take the upper end, your 60% of your projections and do the same calculations, subtract existing, divide by 1200, and if you fall somewhere in between that lower and upper end of the range, you would be found to need existing operating rooms within the area. I would mention one thing. Where we talk about a national surgical use rate, I cannot find a national surgery use rate. The Vital and Health Statistics used to put an ambulatory of inpatient procedures in the United States. They stopped doing that in 1996. They restarted in 2006, but they haven’t published any data yet. As for West Virginia use rate, we had the information off the Uniform Financial Report worksheet for hospitals which is in the packet, but we didn’t have the free standing surgical centers until this year and the data division has just completed, in September, the first ambulatory surgery center survey of the 11 designated surgery centers in the state and that information is also included here, so we can start to use those numbers to calculate either national use rate or West Virginia use rate.

 

Ms. Sonia Chambers:  All right and all of this will be available on the website for anybody on the phone or….okay great. Thank you very much, Dayle. That’s a very thorough packet of information. I’m happy to just open it up and did we have somebody else join us on the phone?

 

Mr. Gary Murdoch:  Yeah, this is Gary Murdoch up in Morgantown.

 

Ms. Sonia Chambers:  Okay Gary. All right, I’m just going to open it up and let anybody jump in, comment on whether they think ambulatory surgery centers ought to be subject to Certificate of Need review or not.

 

Dr. Mark Mayle:  This is Dr. Mayle on the phone and I’m again with Regional Eye Associates and do represent the West Virginia Association of Ambulatory Surgery Centers. Regulation in my opinion should be geared towards not so much having the public domain protected by numbers of usage, but more by quality of care and by ease of the patients. It, in national studies, has always been pre-conclusively shown, beyond a shadow of a doubt, that ambulatory surgery centers do provide better results and more efficiency than mandated hospital surgery center rooms and for that reason, I think the regulations, which sometimes are onerous and burdensome for people to start the process and accomplish Certificate of Need do, in many instances, discourage people from even pursuing the process and it is of value and benefit to the citizens of the state and to the patients that receive care to have high level, efficient, safe, and up-to-date care provided through ambulatory surgery centers and I would entertain any questions from anybody regarding those comments.

 

Ms. Sonia Chambers:  All right, thank you.

 

Dr. Mark Mayle:  You’re welcome, thank you.

 

Ms. Sonia Chambers:  Who’s next?

 

Ms. Brenda Grant:  Brenda Grant with CAMC. I would like to take the position that nationally the studies show that with the fragile bottom lines of hospitals nationwide and especially in West Virginia, that the impact of ambulatory surgery centers that would be unregulated have the potential to further impact and have a detrimental impact on the bottom lines of hospitals. It is well documented that ambulatory surgery centers do provide a service, but they also pull paying patients away from hospitals which further deteriorate our ability to provide charity care, so I would recommend that they stay reviewable.

 

Ms. Sonia Chambers:  Gary or Nancy?

 

Mr. Gary Murdoch:  Yeah, forgive me, I’m not quite sure who’s down there, but this is Gary Murdoch up in Morgantown with WVU hospitals. I guess we also feel that there needs to be some regulatory of ambulatory care or surgery centers due to the fact that was just mentioned by CAMC. There is a wholesale shifting, unregulated shifting of just profitable services out of the safety net and sole-community providers across the state that could be devastating to many hospitals. That is a very significant issue that I think requires that we could get access to certain parts of…increased access to certain procedures at the expense of losing access to a whole other host of services and procedures by de facto going total unregulated, so we would have the position also that there still needs…there still should be some oversight and a significant need for the entire healthcare system to have some oversight of these services.

 

Mr. Chuck Johnson:  Hey Gary, this is Chuck Johnson. I’ve got a question for you. On the other side of things, do you see some pressure being some of the facilities you’re associated with are located next to borders and the fact is that physicians in other states can do an ambulatory center sort of across the border there? Does that create some additional pressure to facilitate maybe joint ventures between the hospitals and physicians in West Virginia, within our borders, to meet that competition? Do you have any comment on that?

 

Mr. Gary Murdoch:  There is pressure and I’m not saying that issue doesn’t exist, but a total abandonment of all oversight is not the answer. I think there could be some…I think there is some middle ground, but I haven’t really thought that through totally, but a total abandonment of all CON oversight is, in my mind, we might help a few areas, but there’s an entire state here to worry about also. Chuck, that is a significant issue.

 

Ms. Sonia Chambers:  Nancy Tonkin?

 

Ms. Nancy Tonkin:  Hi everybody. Dr. Mayle is in Morgantown and I’m in Charleston. I’m sorry that we weren’t able to get up there today together to talk about this, but yes, the Academy of Association of Ophthalmology is looking, watching these ambulatory surgical standards and I think as an association, we very much would like to see them relax. Now, you’re going to ask them for the definition of relax and I think most doctors would like for them all to totally go away. As a little bit of a person who has been around for a long time in the political process, I know totally taking away the standards for ambulatory surgical centers is probably not going to happen. I think that we, as an association, would like to see some changes. Right now I am not prepared to give you a change in your formula, but I think we definitely could talk about that, but I do believe that the eye doctors, the eye physician, the ophthalmologists would be interested in some loosening of these standards. That’s all I’m prepared to say right now.

 

Ms. Sonia Chambers:  Okay. I appreciate that.

 

Ms. Marilyn White:  Dr. Mayle, do you have a policy for charity care?

 

Dr. Mark Mayle:  The question directed to me, we do have a policy for that that is mandated by the Federal government which is for us to offer services to anybody at a rate lower than Medicare allowable which is Medicare fraud, so we do offer charity care. We discount the rate to Medicare allowable as much as we can and we do set up payment plans for folks and make it so that any amount of payment that they can make will be sufficient as long as they’re making progress on that how much it is or how little it is, but from our standpoint, the regulations as they now stand make it Medicare fraud if we just somehow bring somebody into the surgery center and do their surgery for free unless we’re willing to do that for all Medicare patients, which of course no provider can afford to really do that, so that’s the extent of the charity care. We do discount our rates to the Medicare allowable and allow the patient to make payments on that.

 

Ms. Marilyn White:  Can I ask someone from a hospital there, does their policy differ from that?

 

Mr. Gary Murdoch:  Yes, ours does differ from that. Basically in a nutshell, I don’t have it in front of me, but 200% of poverty level or less, depending on your family’s situation, so the dollar threshold of a single person, it used to be 100%, now we have a graduated scale, I believe up to 200% of poverty level as defined by Federal government standards which again, I can’t refer to them, but I think you get the idea. If you demonstrate that and we verify that you are eligible for charity care and you don’t have to pay your bill basically and our interpretation of the…because we do that for everybody we believe that’s a compliant position and I believe most hospitals in the state, whether it’s 100% or 200% of poverty level as defined by Federal standards, is a fairly common hospital practice, but that’s not of the issue. There’s a lot of care being given away by critical access or hospitals and we rely on those paying customers to help make up for that and if a whole host of profitable services leave the hospitals, that’s what has a host of financial people terrified across the state, so some safeguards to look into that is…but back to Chuck’s issue, I think there might need to be some changes, but wholesale getting rid of this is very scary to some of us.

 

Ms. Marilyn White:  Thank you.

 

Ms. Brenda Grant:  Our charity care policy is very similar to WVUs and it would be the hospital charity care policy that would apply.

 

Mr. Gary Murdoch:  Yes. It is worth saying that only applies to medically necessary treatments. Elective surgeries, plastic surgeries, cosmetic things, that charity policy does not, but the vast majority, I would say 95% of what we do, maybe even 99% of what we do, that policy that I described is accurate.

 

Ms. Sonia Chambers:  Dr. Mayle, can I follow up on that. To your knowledge, are ambulatory surgery centers subject to different rules by Medicare? I notice that you said you thought that under Medicare you could not charge anybody below Medicare rates, but I would think that you could have a charity care policy similar to what a hospital does. Are there specific rules that prohibit that?

 

Dr. Mark Mayle:  My understanding of that and I am not a lawyer, I’m a representative, but my understanding of that is that those rules are applied…any provider…these rules apply to a provider of Medicare services and my understanding is that these rules do apply to surgery centers, as well. There’s a host of differing things including reimbursement. The ambulatory surgery centers get paid at a lower rate of reimbursement from Federal government and now from the private insurances, as well, and also along with that, there’s no itemization of services, so it’s the standard rate that applies regardless of what it would cost you to perform the surgery, but at least my understanding of the situation is that yes, the rule that applies to us is that we can only go to Medicare-allowable rates and lower, but I honestly don’t know if there is a provision someplace that would apply to charity care. I certainly know of nobody in the state that has an ambulatory surgery center who is aware of any loophole or any charity care clause, but I don’t know if that really exists or not to be totally honest with you.

 

Ms. Sonia Chambers:  Angela, Stacey…

 

Ms. Stacey Ferguson:  To follow up with what Dr. Mayle was saying, as far as we know there is no loophole there for the Medicare rates. We do have to bill at least what Medicare would pay for the procedures and I think the reason is because for ambulatory surgery centers, we’re doing mainly elective cases. We’re not doing emergency surgeries or such things like that. We are doing elective procedures, so I think that’s probably why we have a different stipulation versus a hospital.

 

Ms. Sonia Chambers:  We may have to look into that. I’d be very interested in that. I would think that you could, because I think physicians’ offices have charity policies, as well. That as long as you have some policy you apply across the board, you may charge the patient that amount, but then you would allow them to avail themselves of your charity care policy and then you would not collect…you would write that off to charity as opposed to…upfront as opposed to billing them and not getting anything and then writing it off to bad debt. I would think you could do that, but that’s something I think I’d be really interested. I would think physicians…I mean physicians’ offices I think…independent physicians’ offices do that, so I don’t know why ambulatory surgery centers couldn’t have that policy as long as it was applied across the board based on some income standard or something like that, but I may be wrong. I’m looking at some of the other learned council in the room to see if they know the answer to this. Yes, no, not off the top of your head?

 

Mr. Gary Murdoch:  In a past life I was involved with the billing of the entire hospital and I’ve worked with the physicians up here. I think we might be mixing. The charity care policy is one thing, CAMCs and ours, every organization can have a charity care policy. The Medicare reg…at least our interpretation of them are we cannot offer discounts. We cannot have a bill differently depending on the payer and that is true, but there is a carve-out, if you will, at least our interpretation, and the vast majority of not-for-profit hospitals in the country, is that charity care is somewhat of a carve out, that we are sending in the same exact bill that everybody else gets and it’s consistent with Medicare regs and such like that, we just have internal policies, that regardless of race, creed, color, it’s all about your income and if your income is a certain level you don’t have to pay the bill. In the threshold of that there is no central guidance on that, so a not-for-profit versus a for-profit versus…our policy has changed in my tenure here, but I can tell you for a fact that the way our physician group, which is a separate corporation from our hospital, we have merged those into 200% of poverty level.

 

Ms. Sonia Chambers:  Right, so the physician group has the policy where you would charge them what you would charge everybody else, but you write it off upfront as charity as opposed to making efforts to collect and then you don’t and then you do it as bad debt.

 

Mr. Gary Murdoch:  Correct. You choose your policies and how you decide to collect and from who and then it becomes an accounting exercise, what’s written off to charity versus what’s written off to bad debt.

 

Ms. Sonia Chambers:  That would be my understanding, so that you could have a charity care policy like that, but you wouldn’t be charging them differently.

 

Mr. Gary Murdoch:  Well all I can speak for is what we do. I don’t know the subtleties of stand-alone ASCs.

 

Ms. Sonia Chambers:  All right, would you like to say anything else? No, I didn’t know if you guys had any other…you were next…

 

Ms. Stacey Ferguson:  Surgical centers do provide a good service to our area. We have a surgical center that, I guess it’s about five years old. We provide really good service. Our infection control rates are less than 1% if I have maybe one post-op infection a year. It’s a great environment for these smaller elective procedures and in my perspective the hospitals are a good environment for larger, more urgently needed, more medically critical patients, so I think these are good. I think surgical centers are good for the economy of health care. I think it is decreasing the costs and it is improving outcomes for the smaller, less urgent procedures.

 

Ms. Sonia Chambers:  Okay.

 

Dr. Mark Mayle:  I would just like to add onto that. The footprint of our practice is rather large and we incorporate basically the entire sort of western, north central portion of West Virginia excluding the panhandle to the north and the extreme west. We do have a surgery center in Morgantown. We do, as a practice of physicians, seven surgeons in total, operate also in hospitals and I can tell you from personal experience the bottom line, in my opinion, should not be for our state government to guarantee financial viability for hospitals. The hospitals that we operate out of we work very closely with them in conjunction with our surgery center to show them how to be efficient, how to provide top quality care, do it efficiently, and to do it economically and we have some hospitals that buy into that where, for example in our Petersburg hospital we can do as many surgeries in that hospital as we can in our surgery center. We have other hospitals where efficiency and economics don’t seem to be on the top of their list of things to do and so to go there, the patients have a worse experience, a longer experience, and the efficiency is down, so my point on the regulations is that as the regulations stand right now it is somewhat of a barrier for some citizens to receive top level, state of the art medical care at top efficiency and economically and quality care-rendered and I think that would further what Stacey was driving at.

 

Ms. Sonia Chambers:  Thank you Dr. Mayle. Raymona…

 

Ms. Raymona Kinneberg:  For all the reasons that have been discussed by WVU and CAMC, we support continued CON for ambulatory surgery centers.

 

Ms. Sonia Chambers:  Debbie…

 

Ms. Debbie Hill:  We also agree with WVU and CAMC. We’re a small rural hospital and more and more we are assigned the responsibility to cover a fairly large geographic area, much of which is a very poor payer mix. If it were not for some of these procedures we’re able to do in our facility, we would no longer be able to provide the level of ER services, perhaps obstetrics, many of the other services, and while I totally agree the government should not have to support us, I would hate to see these services go away, that when the patient has a heart attack in the middle of the night, the nearest hospital is an hour and fifteen minutes or fifty minutes away, so for those reasons, I think to maintain hospitals throughout the state, we have to be able to keep that service. I also agree that quality is very important. However, hospitals should be driven by their own quality measures, by their relationship with CMS or joint commission or whatever accrediting body they have, to push those quality factors, but it would be a tremendous problem for small hospitals, especially Summersville, if we were to lose the volume of the insurance-paying patients to an ambulatory surgery center.

 

Ms. Sonia Chambers:  All right. Jim, would you like to say anything in addition or pass?

 

Mr. Jim Thomas:  The only thing I was going to ask was really of the Authority and that is a follow up to Chuck’s question. What would be the Authority’s position if a West Virginia hospital wanted to build an ambulatory surgery center out of state? Would have be a reviewable service?

 

Ms. Sonia Chambers:  We had that issue before us and I don’t remember…we decided that the [noise inaudible] funds by that hospital were reviewable, correct? It happened in Bluefield.

 

Mr. Jim Thomas:  That’s what I thought. I just wanted to make sure that was still the position.

 

Ms. Sonia Chambers:  We reviewed the capital expenditure, didn’t we?

 

Mr. Dayle Stepp:  It never got to that point.

 

Mr. Jim Thomas:  Once it’s under two million it’s just the facility, the healthcare facility.

 

Ms. Marianne Kapinos:  We have a process, Jim.

 

Ms. Raymona Kinneberg:  There has been a ruling previously that facilities out of state, not the capital expenditures, but facilities out of state are not under the purview of the Healthcare Authority. There is a [crosstalk inaudible] I remember.

 

Ms. Sonia Chambers:  That’s correct, but if an in-state facility is going to spend more than two million dollars…

 

Ms. Raymona Kinneberg:  That’s a different issue. That comes under the…

 

Ms. Sonia Chambers:  In or out of state, then it would fall under the capital expenditure. That would be the general position of the Authority. Of course, anyone who has a specific instance should ask for a ruling of reviewability in a formal manner if they want to be safe.

 

Ms. Raymona Kinneberg:  That’s always my advice.

 

Ms. Sonia Chambers:  Jill…

 

Ms. Jill McDaniel:  Yes, thank you. This is Jill McDaniel with the West Virginia Hospital Association. We do have a position supporting Certificate of Need and recognizing the importance of the Healthcare Authority in controlling healthcare costs in West Virginia by regulating services in such a way that assures high quality cost efficient service delivery. There has been a lot of studies published in recent years by Federal agencies, the Office of the Inspector General, Centers for Medicare and Medicaid, the Medicare Payment Advisory Commission, just to name a few, basically pointing out the surge in spending related to ambulatory procedures. Many of these are physician office-based or based in freestanding facilities and I’m talking about surgery procedures as well as diagnostic procedures primarily, so we think that this is an important issue for West Virginia. We support the continued regulation of ambulatory surgical services. We think there should be a level playing field. However, not to say that there shouldn’t be any ambulatory surgical centers allowed in West Virginia, but if there are to be these types of facilities, then they need to also meet some of the obligations from serving the Medicaid patients and the uninsured. They should be held to similar standards for quality as hospitals are held to related to licensure, accreditation, and certification. They should be subject to financial disclosure requirements, which would allow the public then to have access to information related to top quality utilization and basically we think that this information disclosure is important in order to demonstrate that everyone is meeting their obligations in terms of serving the public in West Virginia.

 

Ms. Sonia Chambers:  Mr. Johnson, anything else from you and your colleague?

 

Mr. Chuck Johnson:  Well Dayle was very good at pointing out the re-emergence of that study and that’s very important to the Healthcare Authority. In ’96 back, there’s a survey of all of the ambulatory service centers in the whole country, so it wasn’t just a projection, it was what actually occurred and you could see trends in eye procedures or what’s going on in the country and I think if we can back on the track that if the Healthcare Authority is asked to consider exceptions, as was previously discussed, that that data is going to be very valuable in looking at those issues.

 

Ms. Sonia Chambers:  Dr. Mayle, can I ask a question about something you said?

 

Dr. Mark Mayle:  Yes ma’am.

 

Ms. Sonia Chambers:  I’m interested…you said that you thought the regulations should be geared more towards quality of care. Do you have any ideas about how exactly, what that would look like?

 

Dr. Mark Mayle:  Well there are some national studies that kind of show outcomes and I’m familiar with those related to eye surgery, since that is my profession. I don’t know if these studies exist, but I would assume that they also exist for certain otolaryngology, previously known as ear, nose and throat. I would assume they exist for anesthesia-based pain control procedures and I would assume they exist for certain orthopedic procedures which can be done outpatient, but the surveys will…our surveys related to eye pretty much uniformly show better patient satisfaction and better patient outcomes based on surgery done in an ASC setting versus a typical hospital-based outpatient surgery setting and so those are the sorts of things…now if you’re going to ask me exact benchmarks, I probably can’t provide that, but I would think based on economy of care, in other words what does it cost to deliver the care, I think ASCs will consistently come in under those of the hospital because it’s a much more efficient process just by its nature because you’re doing one thing and not 50 things. So what does it cost you to provide the care, what is the starting point of, the baseline measures of visions or physiologic functions for which surgery is being done, and then some in-point measures? To my way of thinking, that is a better way of regulating things, because what most of us want to do is to provide the best level of care that we can and to do it in the most economical way that is possible and that equals efficiency and that is our mantra and I know working with other ophthalmology groups and other ambulatory surgery groups, efficiency is the mantra and so we tend to think not can we do 500 Lasik procedures to support looking after some vision surgeries on kids, which is a critically important service that we provide for kids to do vision monitoring and surgery for alignment of eyes and whatnot, but it’s not the sort of a thing that is going to help our bottom line, in fact quite the opposite, but nobody thinks in terms of how many Lasik do we need to do to offset the kids that we take care of or how many cataract surgeries do we need to do to offset the diabetics that we take care of, just to give you some examples. So in that instance, I think the idea that we need to have something that’s lucrative to offset something that’s not lucrative is counter intuitive to how we should do things. What we should say to ourselves is how can we deliver top level quality care, how can we do that in the most efficient way, and that’s going to be the bottom line, whatever that is and the process, as it exists right now, I think and I feel and I believe from the comments that had been made is that let’s use lucrative procedures to fund care for non-lucrative procedures and to me that’s a backwards way of thinking. What we should all be thinking is how can we become more efficient and deliver all of our care cost effective, efficient, and most importantly top level of quality and then the chips fall where they may and it’s not always pretty in health care, it’s not for any of us, but in my opinion I think that’s the way that we should think and operate.

 

Ms. Sonia Chambers:  I want to pursue this just a little bit more and Jill McDaniel talked a little about that there ought to be sort of a level playing field or more transparency and I think the whole push towards transparency is coming from on all sorts of levels, from the presidents of CMS to this governor, a lot of people are talking more about that. Do you think that your association would be supportive of trying to develop ways that ambulatory surgery centers could provide more transparency on the cost and the quality side?

 

Dr. Mark Mayle:  Yes ma’am, absolutely. In fact, when Governor Manchin recently had a need procedure and then there was an emphasis to have a web-based device that would give you cost comparisons, I actually…I’m not well plugged in politically, I must tell you that. I’m just a guy doing eye surgeries, but I’m not well plugged in politically, but in our association we tried to make ambulatory surgery center pricing available on that and I never was able to really get anybody that was willing to consider to do that. If anybody knows somebody for me to talk to, we would love to do that, but specifically related to eye surgeries, we get reimbursed at a set rate, so if you do your standard surgery and everything goes along just fine you get x amount of dollars. If you have a complicated surgery and we use sutures and other equipment and other devices and other things, you still get x amount of dollars. In the hospital setting that billing is all itemized so that if you use extra equipment, extra sutures, extra things the cost of that surgery really is going to be more than your standard surgery which was itemized at a lower rate. We, as an association, want that. We want consumers to be able to say, to be able to see and to say I’m going to pay x amount of dollars if I have this surgery done at site A and I’m going to pay x amount of dollars if I have surgery done at site B and moreover, we would be extraordinarily happy to provide comparison of outcomes, because I think it will show…every study that I have see has consistently shown that results are better, in a very general sense, at ASCs.

 

Ms. Sonia Chambers:  Well Dr. Mayle, you’re actually talking to the person who’s in charge of that website.

 

Dr. Mark Mayle:  Excellent, excellent. Well I need to get with you then so we can do some work on that, because we did really try to get involved in that and the people that I had talked with, I was never able to get any place but a stone wall, so that’s wonderful to know. I will correspond with you later on this issue.

 

Ms. Sonia Chambers:  Okay. Well what may have happened is that we had to get the site up and running and we clearly felt that we were putting up version 1.0 so that we had to sort of limit what we put up in 1.0, but I think it’s time to revisit that and maybe one of the things we can look at is a little more focus around charge and quality, because we want to begin to start putting some quality measures on that website, so we’d be happy to work with you guys to do that. I think that would be very informative for consumers.

 

Dr. Mark Mayle:  I agree with you, I agree with you.

 

Ms. Sonia Chambers:  So and we also are accumulating more data all the time to make that site better, stronger, all those sorts of things, so I appreciate your willingness to do that.

 

Dr. Mark Mayle:  Excellent and as the original kind of founder and president of our Ambulatory Association and now I’m vice president, actually, but we would be happy to work with you in any way and provide whatever information necessary to get that out there. We want that information out there for folks.

 

Ms. Sonia Chambers:  Well that will be great. Okay, anybody else?

 

Ms. Marilyn White:  Sonia, can I just ask the doctor a question since we’re on this. Doctor, it’s been a long time since I’ve had anything to do with billing and is the place of service still involved in the reimbursement from Medicare?

 

Dr. Mark Mayle:  Well yes it is. If you’re a free standing ASC you may not submit itemized billing. There is a set rate of reimbursement that I believe is 60%, although this number vacillates a bit from year to year, but I believe currently it’s 60% of hospital reimbursement and it’s a set rate, so as I mentioned, regardless of what it requires you to use to get the surgery done, you’re still going to get x amount of dollars, but yes, as a free standing surgery center a different payment schedule is applied, number one. And number two is it’s a set rate not available to be itemized or increased in any way. It’s a set rate and you get what you get regardless of what it costs you do product the surgery.

 

Ms. Marilyn White:  Okay, so therefore it’s still like it used to be for the same, let’s say cataract surgery, take that. If it is done in a free standing facility, Medicare is going to pay x dollars, but if the same surgery is done in a hospital setting, they’re going to be reimbursed more?

 

Dr. Mark Mayle:  They will be reimbursed…right now I think x times .4 and then possibly even at a higher rate because again, itemization of specific things used is available, so it’s a higher baseline reimbursement plus itemization of any additional supplies that you have practiced and needed during the surgery can be applied, too, so it’s not a set number. It’s a set starting number, but the final number could be higher than that.

 

Ms. Marilyn White:  Okay, thank you.

 

Mr. Gary Murdoch:  We’ve done a good bit of looking at this for a host of other projects and basically it is correct. There is, depending on what procedure you look at, 25 to 40% premium paid for hospital-based things. There is a very small number of the CPT codes out there that might be going to both environments, but there’s actually a slight advantage for ambulatory care, but that’s because there’s just weird stuff going on. There is a significant amount…the Federal government does have a policy on this that by 2011, I believe, they’re trying to normalize all the differences to between 25 and 30% to that premium.

 

Ms. Marilyn White:  Oh, okay.

 

Mr. Gary Murdoch:  So there is some changes going on and reducements coming on the hospital side and maybe some increases coming on the ambulatory surgery side, but the studies state by 2011 or 2012 we’ll see about roughly a 33% premium, if you will, increase, additional reimbursement for hospital-based versus ambulatory center-based reimbursement from Medicare. We’ve been trying to evaluate that for our strategic planning. That’s our best thinking on it, our interpretation right now.

 

Ms. Brenda Grant:  I have an additional comment. I’d be concerned leaving here today with the perception that the quality in ambulatory surgery centers is higher overall than in hospital-based ambulatory surgery centers or outpatient surgery. I think it’s dependent on the hospital. I know that we’re involved in surgical care improvement processes and really [inaudible] in a lot of those quality issues as our other hospitals in West Virginia, so I would hate to leave with the perception that that’s an across the board generalization.

 

Ms. Sonia Chambers:  I actually, in my completely non-scientific review of the literature, I think there are studies that go both ways and I think it partly depends on the services and the facility, but I have seen studies that certainly take the position on both sides of the issue.

 

Ms. Debbie Hill:  I would also hate to leave with the misconception that hospitals believe our inefficiencies should be rewarded by keeping these services. That’s not at all what I meant to imply. What I mean to imply is we are, by the nature of our mission and our obligation, there to service every patient that enters through our doors or our emergency room and we need some way to take care of those patients. Until this country comes up with a system that takes care of everyone, we’re obligated to care for them. We cannot choose whether or not to do a surgery if the patient comes into the ER and needs that surgery, so that is the point I’m trying to make, not [noise inaudible] we should all be efficient, but we have to be able to take care of all patients and there has to be something to offset that large majority of patients that have no ability to pay.

 

Ms. Sonia Chambers:  All righty. I appreciate everybody’s time and attention and particularly those who drove all the way from Martinsburg to come down. I appreciate that.

 

Ms. Sonia Chambers:  Again, all the materials will be available on our website, the transcript when it’s available will be on our website, as will be all of the written comments as they come in and are available, so I appreciate everybody’s attention and I believe we’re actually looking at the broader issue of ambulatory care services and which ambulatory surgery is imbedded on Monday, right?

 

Mr. Dayle Stepp:  Tuesday.

 

Ms. Sonia Chambers:  Tuesday, Tuesday, so you can either call in or some participate for more fun and adventure. Written comments:  again, we welcome written comments if anybody would like to and we’d like to have those within 30 days of today, so I would appreciate that. We need to provide all of this to the legislature before they get started in earnest. All right, thanks everybody.

 

END OF AUDIO