# 42 CFR § 416.41: Condition for coverage—Governing body and management

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-42-416.41

## Section

- **Citation:** 42 CFR § 416.41
- **Heading:** Condition for coverage—Governing body and management
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 42—Public Health > CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER B—MEDICARE PROGRAM > PART 416—AMBULATORY SURGICAL SERVICES > Subpart C—Specific Conditions for Coverage

## Text

The ASC must have a governing body that assumes full legal responsibility for determining, implementing, and monitoring policies governing the ASC's total operation. The governing body has oversight and accountability for the quality assessment and performance improvement program, ensures that facility policies and programs are administered so as to provide quality health care in a safe environment, and develops and maintains a disaster preparedness plan.
(a) Standard: Contract services. When services are provided through a contract with an outside resource, the ASC must assure that these services are provided in a safe and effective manner.
(b) Standard: Hospitalization. (1) The ASC must have an effective procedure for the immediate transfer, to a hospital, of patients requiring emergency medical care beyond the capabilities of the ASC.
(2) This hospital must be a local, Medicare-participating hospital or a local, nonparticipating hospital that meets the requirements for payment for emergency services under § 482.2 of this chapter.
(3) The ASC must periodically provide the local hospital with written notice of its operations and patient population served.
[73 FR 68811, Nov. 18, 2008, as amended at 81 FR 64022, Sept. 16, 2016; 84 FR 51814, Sep. 30, 2019]

## Nearby sections

- [42 CFR § 416.1 § 416.1 Basis and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.1.md)
- [42 CFR § 416.2 § 416.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.2.md)
- [42 CFR § 416.25 § 416.25 Basic requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.25.md)
- [42 CFR § 416.26 § 416.26 Qualifying for an agreement.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.26.md)
- [42 CFR § 416.30 § 416.30 Terms of agreement with CMS.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.30.md)
- [42 CFR § 416.35 § 416.35 Termination of agreement.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.35.md)
- [42 CFR § 416.40 § 416.40 Condition for coverage—Compliance with State licensure law.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.40.md)
- [42 CFR § 416.41 § 416.41 Condition for coverage—Governing body and management.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.41.md)
- [42 CFR § 416.42 § 416.42 Condition for coverage—Surgical services.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.42.md)
- [42 CFR § 416.43 § 416.43 Conditions for coverage—Quality assessment and performance improvement.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.43.md)
- [42 CFR § 416.44 § 416.44 Condition for coverage—Environment.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.44.md)
- [42 CFR § 416.45 § 416.45 Condition for coverage—Medical staff.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.45.md)
- [42 CFR § 416.46 § 416.46 Condition for coverage—Nursing services.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.46.md)
- [42 CFR § 416.47 § 416.47 Condition for coverage—Medical records.](https://www.frixlaw.com/law-library/statutes/ecfr-42-416.47.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-42-416.41. Check the current official text before relying on it. Not legal advice.