Crosswalk

EXHIBIT A
AMBULATORY SURGICAL CENTER QUALITY REPORTING PROGRAM (0938-1270)
CY 2026 OPPS/ASC PROPOSED RULE CHANGE CROSSWALK
REGULATIONS
§416.310 Data collection and submission
requirements under the ASCQR Program
(d) Extraordinary circumstances exceptions. CMS may
grant an exception with respect to quality data reporting
requirements in the event of extraordinary circumstances
beyond the control of the hospital, such as when an act of
nature affects an entire region or if CMS determines that a
systemic problem with one of its data collection systems
directly affected the ability of the hospitals to submit data.
CMS may grant an exception as follows:
(1) Upon request of the ASC. Specific requirements
for submission of a request for an exception are
available on the CMS website.
(2) At the discretion of CMS. CMS may grant
exceptions to ASCs that have not requested them
when CMS determines that an extraordinary
circumstance has occurred.

CHANGES TO REGULATIONS/GUIDANCE
§416.310 Data collection and submission requirements
under the ASCQR Program
(d) Extraordinary circumstance exception (ECE).
(1) General rule. CMS may grant an ECE with respect to the
reporting requirements under this section in the event of
extraordinary circumstances beyond the control of the ASC.
For purposes of this paragraph (d), an extraordinary
circumstance is an event beyond the control of an ASC (for
example, a natural or man-made disaster such as a hurricane,
tornado, earthquake, terrorist attack, or bombing) that affected
the ability of the ASC to comply with one or more applicable
reporting requirements with respect to a calendar year.
(2) Process for requesting an ECE.
(i) An ASC may request an ECE within 30 calendar days of
the date that the extraordinary circumstance occurred by
submitting the information specified by CMS at QualityNet
or a successor website.
(ii) CMS notifies the ASC of its decision on the request, in
writing, via email. In the event that CMS grants an ECE to
the ASC, the written decision specifies whether the ASC is
exempted from one or more reporting requirements or
whether CMS has granted the ASC an extension of time to
comply with one or more reporting requirements.
(3) Authority to Grant an ECE. CMS may grant an ECE to one
or more ASCs that have not requested an ECE if CMS
determines that—
(i) A systemic problem with a CMS data collection system
directly impacted the ability of the ASC to comply with a
quality data reporting requirement; or
(ii) An extraordinary circumstance has affected an entire
region or locale. Any ECE granted under this paragraph
(d)(3) specifies whether the affected ASCs are exempted
from one or more reporting requirements or whether CMS
has granted the ASCs an extension of time to comply with
one or more reporting requirements.

EXPLANATION

Updated the extraordinary
circumstance exception policy to
clarify that CMS has the discretion to
grant an extension as a form of ECE
relief (in addition to exceptions).

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