HLT-47-06-00005-A SPARCS Definition of Ambulatory Surgical Procedures

3/28/07 N.Y. St. Reg. HLT-47-06-00005-A

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 13

March 28, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF HEALTH

NOTICE OF ADOPTION

 

I.D No. HLT-47-06-00005-A

Filing No. 264

Filing Date. Mar. 09, 2007

Effective Date. Mar. 28, 2007

SPARCS Definition of Ambulatory Surgical Procedures

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of section 400.18 of Title 10 NYCRR.

Statutory authority:

Public Health Law, section 2803(2)

Subject:

SPARCS definition of ambulatory surgical procedures.

Purpose:

To improve reporting to SPARCS of surgical procedures performed in freestanding and hospital based ambulatory surgery centers.

Text or summary was published

in the notice of proposed rule making, I.D. No. HLT-47-06-00005-P, Issue of November 22, 2006.

Final rule as compared with last published rule:

No changes.

Text of rule and any required statements and analyses may be obtained from:

William Johnson, Department of Health, Division of Legal Affairs, Office of Regulatory Reform, Corning Tower, Rm. 2415, Empire State Plaza, Albany, NY 12237, [phone], fax: [phone], e-mail: [e-mail]

Assessment of Public Comment

The Department received one letter in comment on the proposed rule, from the Healthcare Association of New York State (HANYS). The HANYS letter, in part, used the occasion of the publication of the proposed rule to urge that prescribed timeframes for the reporting to SPARCS of data on ambulatory surgery be made the same as those for the reporting of data on inpatient services. The provisions governing these timeframes are found elsewhere in Part 400 and are not the subject of the proposed change. In its letter, HANYS' only comment on the consensus rule itself was in support of the proposed change in the definition of ambulatory surgery, confirming that HANYS was consulted in advance about the proposal and that the organization did not wish to raise any concerns regarding the new language of the proposed rule.

As stated in SAPA section 202, the principal basis for the publication of a consensus rule is the determination that no person is likely to object to the proposed rule as written. The HANYS letter did not object to the proposed rule, and indeed supported it fully.