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): beckersa