Digital Debut

Reintroducing ASC Legislation in the 118th Congress

ASCA will continue to push to bring back the Outpatient Surgery Quality and Access Act

BY DAVID OPONG-WADEE | DECEMBER 2022

With the Georgia Senate runoff coming to a close on December 6, the long drawn-out 2022 midterm cycle has finally ended, and it is time to take a look at ASCA’s legislative priorities going into 2023.

ASCA works on a bipartisan basis and consistently supports policymakers who understand and champion the ASC community, regardless of political party. This allows the organization to continue to push legislation that supports surgery centers and patients at large, even when the political pendulum swings. The current midterm elections are no different.

Even though Washington, DC, insiders predicted that the midterm elections would produce a “red wave” with high Republican turnout expected to flip seats in competitive congressional districts, Democrats maintained control in the Senate with 50 seats, while Republicans took the House majority. Senator Raphael Warnock’s (D-GA) victory over challenger Herschel Walker in the Georgia Senate runoff is particularly significant for Senate Democrats as they now have an outright voting majority, increased staff in committees and stronger negotiating power moving into the final two years of the Biden administration.

Shifts at the top of both political parties in the House have created the potential for a different landscape. For example, the former speaker of the House, Nancy Pelosi, stepped down from her historic tenure as the top Democrat in Congress. Representative Hakeem Jeffries (D-NY) ran unopposed in his caucus and will become the first Black party leader in Congress, where he will serve as minority leader. On the other side of the aisle, while Republican leader Kevin McCarthy (R-CA) is expected to become the next speaker of the House, his path forward is narrow. The House majority sits at 221, just three seats above the 218 needed, and at least three Republican members of Congress have stated that they will vote against McCarthy’s bid.

Regardless of who is elected speaker, the House will likely return primarily to in-person meetings under the Republican-led majority. This will allow for ASCA staff, members and volunteers to have a more robust experience with legislators and their staff during ASCA's National Advocacy Day fly-in, which is returning after a brief pandemic-driven hiatus.

ASCA Bill in Next Congress Before Fly-In

Unless individually proposed provisions of the Outpatient Surgery Quality and Access Act of 2021 are considered and lumped into an end-of-the-year omnibus or larger consolidated spending bill, ASCA seeks full reintroduction of the bill during the next Congress. Respectively, current bill sponsors in both the House and Senate have agreed to prioritize reintroduction at the top of the 118th Congress. Additionally, Representative Brad Wenstrup (R-OH), a former ASC owner and practicing surgeon, has agreed to replace former Representative Devin Nunes (R-CA) as a Republican lead. Wenstrup will join Representative John Larson (D-CT) in the House, as well as Senators Richard Blumenthal (D-CT) and Bill Cassidy (R-LA) in the bicameral, bipartisan effort.

With ASCA’s 2023 fly-in scheduled for February 27–March 1, ASCA plans to follow the reintroduction of the bill with a significant showing in the halls of Congress. ASCA Government Affairs staff, members and volunteers will work to build upon the initial wave of support expected from previous bill sponsors. Register today for the first in-person advocacy event since 2019.

Questions? Write David Opong-Wadee.