On April 23, 2010, CMS published a proposed rule that would revise the Medicare ambulatory surgical center (ASC) patients rights condition for coverage (CfC) that currently requires certain patient’s rights information to be provided to patients in advance of the date of the procedure. CMS observes that the current requirement has been problematic for ASCs that perform procedures on the same day they receive physician referrals, such as ASCs that provide care on an emergency basis. CMS notes that “ASCs contemplating providing services to a patient on the same day he or she receives a referral must either refuse serving the patient for fear of violating Medicare requirements or accept the patient for service and be out of compliance with Medicare patient rights requirements.” To alleviate this situation, CMS is proposing an exception that would allow an ASC to provide patients (or the patients’ representative or surrogate) with required patient rights information on the day of the procedure when the procedure must, to safeguard the health of the patient, be performed on the same day as the physician’s referral. In addition, CMS is proposing other minor changes to the CfC for patient right requirements. CMS will accept comments on the proposed rule until June 22, 2010.