Schwarzenegger's Medicare Rule Opt-Out For Anesthetists OK'd

Law360, New York (March 16, 2012, 6:39 PM EDT) -- A California appeals court on Thursday backed former Gov. Arnold Schwarzenegger’s decision to opt the state out of federal regulations requiring physician supervision of certified nurses administering anesthesia in order to receive Medicare reimbursements, saying state law requires no such supervision.

In affirming a trial court’s 2010 decision, the three-judge panel said there is no statutory language in California law governing nursing practice and anesthetists that explicitly requires physicians to supervise certified registered nurse anesthetists.

The panel also noted that while the Centers for Medicare and...
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