15 states require either a hospitalization agreement, or surgeons who authorize privileges in a particular hospital:ColoradoFloridaGeorgiaIndianaKansasKansasKansasMaineMarylandMissouriMissouriOklahomaOklahomaOklahomaOklahomaRhohode IslandSouth CarolinaTexasUtah Transfer agreements must clearly define the respective responsibilities of the CSA and the hospital in a number of areas, including the transmission of patient information Providing transportation; Sharing services, equipment and staff Providing care for agency setting and capacity; and the confidentiality of patient records. Florida deals with the subject from the point of view of medical qualifications. If a physician is not allowed to perform his ASC procedures in a hospital at a reasonable distance, a transfer contract must be concluded in advance. And Georgia notes that hospitals „will not unduly reject a transfer agreement to the CSA.“ While 43 states require CET accreditation, only 30 require the ability to obtain emergency outpatient care. Fifteen of them are asking for a hospital transfer contract. The others require either an agreement or a hospital that grants privileges to CSA surgeons. (See the „State Situations“ sidebar.) Finally, this emergency policy should include a compensation clause allowing any party to demand a refund from the other party in order to cover any liability, claim, action, loss, cost, damage or cost resulting from any of its acts or omissions in the execution of the agreement. The active conditions of a hospital visit vary from case to case and must be defined in the written document. A transfer agreement may have an expiry date or it may indicate that it will remain in effect until a party terminates the contract. All CSAs that treat Medicare receptors must be certified by the Medicare program and, therefore, meet the federal CSA requirements.
One of these requirements requires the CSA to have a written transfer agreement with a local hospital participating in Medicare or a non-participating hospital that meets the Emergency Services Requirements of the Medicare program. If the CSA does not have a transfer contract, any physician operating in the CSA must have admission privileges to a particular CMS-compliant hospital. In the case of billing, collection and insurance obligations, the peculiarities are usually to protect oneself and each for oneself. A strong hospital transfer contract should require each party to maintain professional liability insurance or equivalent liability insurance to cover its facilities and staff against claims made during and after the termination of the contract.