California Society of Anesthesiologists v. Brown

Opinion

RUVOLO, P. J.—

I

INTRODUCTION

In order for hospitals, ambulatory surgical centers, and critical access hospitals to receive reimbursement under Medicare when a certified registered nurse anesthetist (CRNA) administers anesthesia, federal regulations *395require that the CRNA must be supervised by a physician. (42 C.F.R. §§ 482.52(a)(4) (2011), 416.42(b)(2) (2011), 485.639(c)(2) (2011).) However, other federal regulations provide that a state’s governor has the discretion to make a request on behalf of the state to opt out of the physician supervision requirement after concluding, among other…