Episode 294 - A First Look at the 2027 CMS Final Rule, New England ASC Conference Takeaways, and a Focus on Patient Rights - November 8, 2026
In this episode of the ASC Podcast with John Goehle, we take a first look at the 2027 final Medicare payment rule for ASCs, bring back takeaways from the 2026 New England ASC Conference, including water quality in sterile processing and safe injection practices, then cover CMS's new power to exclude providers from Medicare, the spread of noncompete bans, the debate over CRNA-only anesthesia, and new Stark self-disclosure forms that took effect November 1. Then we take a deep dive into Patient Rights — what the Condition for Coverage requires, and how to make it real in your center.
This episode is sponsored by Surgical Information Systems, RFX Solutions, Medserve and Ambulatory Healthcare Strategies.
In this episode
• A first look at the 2027 final ASC payment rule: the 2.3% update, why many common codes still go down, 618 procedures added to the ASC covered procedures list, 637 services coming off the inpatient-only list, and the colonoscopy follow-up measure coming out of ASC quality reporting.
• Takeaways from the 2026 New England ASC Conference: water quality in sterile processing, multi-dose vials, and drug diversion.
• In the news: CMS's new authority to exclude providers, the states banning physician noncompetes and a New York bill, the CRNA-only anesthesia debate, and the Stark self-disclosure forms required as of November 1.
• Focus on Patient Rights (42 CFR 416.50): the posted notice, verbal and written notice before the procedure, physician ownership disclosure, advance directives, grievances, and a six-point check before your next survey.
Articles and sources referenced
CY 2027 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems final rule (CMS-1850-FC), scheduled for Federal Register publication November 6, 2026 — Federal Register public inspection: federalregister.gov
CMS-1850-FC docket CMS-2026-2344 — Regulations.gov: regulations.gov
Calendar Year 2027 OPPS and ASC Final Rule fact sheet — CMS (November 4, 2026): cms.gov
CMS-1850-FC ASC final rule page, with links to Addenda AA, BB, DD1, DD2, EE and FF — CMS: cms.gov
Understanding Medicare's 2027 Final Payment Rule (ASCA members webinar, November 10, 2026) — ASCA: ascassociation.org
CMS’ new exclusion authority: What’s at stake for ASCs — Becker's ASC (October 15, 2026): beckersasc.com
HHS delegates permissive exclusion authority to CMS — AHA News (October 14, 2026): aha.org
The states that ban physician noncompetes — Becker's ASC (October 28, 2026): beckersasc.com
New York bill would ban noncompetes for licensed healthcare workers — Becker's ASC (October 27, 2026): beckersasc.com
The dilemma behind ASCs’ CRNA-only shift — Becker's ASC (October 22, 2026): beckersasc.com
Physician Self-Referral Spotlight (updated SRDP forms required for disclosures submitted on or after November 1, 2026) — CMS: cms.gov
The Stark law self-disclosure protocol changes Nov. 1 — here are 5 things to know — Becker's ASC (October 27, 2026): beckersasc.com
Preventing Unsafe Injection Practices (multi-dose vial guidance) — CDC (last reviewed March 26, 2024): cdc.gov
Focus-segment source — Condition for Coverage, Patient Rights, 42 CFR 416.50 (eCFR): ecfr.gov — 42 CFR 416.50
Standing ASC reference resources
Conditions for Coverage:
https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-416
Infection Control Survey Tool (Used by Surveyors for Infection Control)
https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107_exhibit_351.pdf
Updated Guidance for Ambulatory Surgical Centers - Appendix L of the State Operations Manual (SOM)
https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107ap_l_ambulatory.pdf
https://www.cms.gov/medicareprovider-enrollment-and-certificationsurveycertificationgeninfopolicy-and-memos-states-and/updated-guidance-ambulatory-surgical-centers-appendix-l-state-operations-manual-som
Policy & Memos to States and Regions
CMS Quality Safety & Oversight memoranda, guidance, clarifications and instructions to State Survey Agencies and CMS Regional Offices.
https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy-and-Memos-to-States-and-Regions
SERVICES & RESOURCES • THREE BRANDS
Continue the conversation, build your team’s knowledge, and explore the resources already offered through our three brands. This services section is separate from the episode’s reporting and source notes.
ASC Podcast with John Goehle — listen, learn and stay connected
Visit the ASC Podcast with John Goehle Website
Books by John Goehle
Get a copy of John’s most popular book - The Survey Guide - A Guide to the CMS Conditions for Coverage & Interpretive Guidelines for Ambulatory Surgery Centers
Explore the podcast’s episodes and John’s books for continuing discussion of ASC leadership, operations and survey preparation. Sponsorship inquiries: [email protected]. Questions and comments: [email protected].
ASC Central — education and resources for your center
ASC Central is our one-stop site for ASC bootcamps, live and on-demand conferences, and membership programs — now at asc-central.com (the old conferences.asc-central.com address has been retired).
Patron Membership — $25/month, individual: the full resource library (policies, forms, drill kits, templates), weekly drop-in Zoom sessions, all six recorded conferences, the member forum, the complete podcast library, and The Survey Guide for ASCs, 2026 Edition with Appendices A–N. Become a Patron Member
Premium Access — $3,995/year, covering your entire surgery center (not per person): everything in Patron, plus the Administrator, Director of Nursing and Business Office Manager Bootcamps, the ASC Leadership Mastery Course, Infection Control 101 & 201 (CAIP preparation), Annual Mandatory Education, compliance tools and self-assessments, certificates with AEUs and IPCH credits, every new conference we release, and up to five hours of private consulting a year. Sign up for Premium Access
Compare both programs: asc-central.com/memberships
Ambulatory Healthcare Strategies — consulting support
For ASC consulting support, visit Ambulatory Healthcare Strategies at https://ah-strategies.com/. AHS is also a sponsor of this episode. Review the existing offerings directly with the team; this comparison introduces no new service package or commitment.