295.000 SURGERY

295.991           Access to Ambulatory Surgical Center Licensure

MSSNY will advocate for a process in which New York State will provide a simplified Certificate of Need application and approval process so that an accredited office-based surgery facility has the ability to obtain an Article 28 license as an ambulatory surgery center.  (HOD 2020-68)

295.992           Continued Surgical Care

The Medical Society of the State of New York (MSSNY) will seek legislation/regulation which would allow a physician who has performed an initial surgical procedure to continue to follow the patient and perform any necessary follow up surgery, regardless of the physician’s change in participation status and any follow-up surgery performed by a physician whose participation status changed from when the initial surgery was performed, be reimbursed on an out-of-network basis. MSSNY will forward this resolution to the AMA for implementation on a national level. (HOD 2016-263)

295.993           NYS DOH Regulation Concerning Operating Room Attire

The Medical Society of the State of New York encourages hospitals to use evidence-based guidelines for perioperative attire, and informing the physicians and staff of the policy that the hospital adopted. (HOD 2016-151)

295.994:          Certificate of Need for Ambulatory Surgery Centers Owned by Physicians

MSSNY will petition the NYS Department of Health to reconsider their guidelines with the intention of removing barriers to obtaining a Certificate of Need for ambulatory surgery centers. (HOD 2013-100; Reaffirmed HOD 2023)

295.995            Payment for Office Based Surgeries

MSSNY will support legislation or regulation which assures payment of a facility fee which reflects the additional costs of accreditation and maintenance of an office-based surgical practice. (HOD 2012-114; Reaffirmed HOD 2015 in lieu of resolution 106)

295.996           Ambulatory Surgery Guidelines and Legally Discoverable Material:  The Dos and Don’ts, and Legislative Action

MSSNY will work with the Medical Liability Mutual Insurance Company in developing guidance in documenting performance improvement activities in office-based surgery practices which would be available to all MSSNY members until such time as legislation is passed to protect such performance improvement information from discovery in any legal proceeding.

MSSNY will petition the legislature to make office-based performance improvement information non-discoverable.  (Council 11/8/01; Reaffirmed HOD 2011; Reaffirmed HOD 2021)

295.997           Office Based Surgery:

MSSNY will promote the implementation of the report of the Public Health Council Task Force on Office-Based (Ambulatory) Surgery as guidelines and guidelines only, and will promote legislation to preserve the privacy and confidentiality of the office-based practice.  MSSNY will oppose legislation regulating office-based procedures until we have had sufficient experience with the guidelines.  (HOD 2000-93; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

295.998           Special Assistant at Surgery: SUNSET HOD 2014

295.999           Postoperative Care: 

It is the position of the Medical Society of the State of New York that postoperative care is the physicians’ responsibility.  MSSNY has urged the New York State Education Department to prevent inappropriate involvement by non-physicians in postoperative medical/surgical patient care.  (HOD 1988-80; Reaffirmed Council 11/13/03; Reaffirmed HOD 2014)