ISASS Submits Public Comments on 2024 Outpatient Prospective Payment System (OPPS)/Ambulatory Surgery  Centers (ASC)

On September 11, 2023, ISASS submitted comments in response to the July 31, 2023, publication of the proposed rule for payment policies for the OPPS/ASC settings issued by CMS.

In the comment letter, ISASS advocated for a higher payment for allogenic matrix disc injections (Via Disc). ISASS also strongly advocated for the maintenance of an appropriate facility rate for the Barricaid procedure by maintaining its device intensive status in the ASC setting.

ISASS also noted other major proposed changes for CY 2024, including that CMS proposed to continue to pay the statutory default rate for drugs and biologics furnished in outpatient or ASC settings, which is generally the average sales price plus 6%, for 340B-acquired drugs and biologicals. The payment for 340B-acquired drugs and biologicals would not differ from the payment rate for drugs and biologicals not acquired through the 340B program. CMS issued a proposed rule on July 11, 2023, discussing the proposed remedy for payment for 340B-acquired drugs for calendar years 2018 to 2022—including how those payments would impact OPPS payment policy in future calendar years. 

The Final Rule is expected to be published in early November and become effective January 1, 2024.

To read the full text of the proposed rule see here.