Regulatory Changes for Texas ASCs in Response to COVID-19

March 30, 2020

On March 27, 2020, the Texas Health and Human Services Commission (“HHSC”) released a "Health Facility Licensing Guidance Letter" for Ambulatory Surgical Centers (“ASCs”) related to the emergency rules adopted for ASC services and reporting requirements in response to COVID-19. The following was implemented in those rules:

  • Texas ASCs will now be permitted to provide other health care services beyond surgical services and keep patients for longer than 23 hours of time in response to the COVID-19 pandemic. 

  • ASCs must immediately report to the Texas Department of State Health Services (“DSHS”) the number of functioning ventilators and other respiratory support equipment at the ASC, as well as any other information required by DSHS. The first required report was due not later than 10:00 am CST on Monday, March 30, 2020 via this link. The frequency for reporting required information is weekly, unless directed otherwise by DSHS.

  • Certain other reporting requirements have also been amended by the emergency rules including that an ASC does not have to report (a) the transfer of a patient to a hospital, or (b) a patient stay exceeding 23 hours to HHSC.

The full text of the above-referred Guidance Letter can be found here .

Weaver Johnston & Nelson, PLLC
10440 N. Central Expressway, Suite 1400
Dallas, Texas 75231
Phone: (214) 705-3515 
Ashley E. Johnston
Phone: (214) 763-8296
Board Certified – Health Law
Texas Board of Legal Specialization
Joshua M. Weaver
Phone: (214) 705-3516
Board Certified – Health Law
Texas Board of Legal Specialization
Joseph E. Nelson
Phone: (214) 705-3907
Board Certified – Health Law
Texas Board of Legal Specialization
Steve Litke
Phone: (972) 427-7685
Chris Reed
Phone: (214) 705-3935
Kevin Mitchell
Phone: (469) 680-9049
Shannon Cahalan
Phone: (214) 938-9898
Stephanie Toth
Phone: (469) 480-9729
Rachael Nelson Gearing
Phone: (469) 680-9609
Vicki Wanjura
Phone: (214) 587-6026
Paul Wehrmann
Phone: (214) 957-0919