How 3 policies threaten ASCs’ anesthesia stability 

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The procurement and management of anesthesia services has become one of the biggest financial headaches for ASC leaders. 

Anesthesia costs have shifted into a fixed operational expense that payers, particularly government programs like Medicare and Medicaid, have failed to adequately account for, rather than a variable cost tied to case volume. This comes at a time when workforce pressures are building and the demand for surgical services climbs to new heights, making ASC leaders sensitive to shifts in policies and regulations.

Here’s how three recent policy updates may impact the ongoing strain in the anesthesia workforce:

1. Caps on student loan limits: The U.S. Department of Education’s proposed rule going into effect in July would narrow which programs are considered “professional degrees,” which will be allowed a higher student loan borrowing limit of $200,000. Nursing would not be included in this narrowed definition, thus given an annual borrowing limit of $20,500, and a total borrowing limit of $100,000. 

Jeff Molter, MSN, CRNA, president of the The American Association of Nurse Anesthesiology raised concerns about federal student loan limits affecting CRNAs and other advanced nursing degrees in an April 30 statement. 

The group said the policy could reduce the pipeline of anesthesia providers, leading to delays for procedures such as cancer screenings, childbirth and surgery. It added that the effects would be most pronounced in rural and underserved areas, where CRNAs often serve as primary anesthesia providers.

AANA also cited financial barriers for students, stating those in doctoral-level nurse anesthetist programs would need to secure more than $77,000 in additional private loans. It added that 75% of prospective applicants said education would no longer be financially feasible under the caps and 80% expressed concern about securing private loans.

2. The ripple effects of a recent noncompete case: A Texas appeals court recently upheld a non-compete injunction against four CRNAs, barring them from practicing within a 20-mile radius of their former workplaces for three years Testimony showed the CRNAs’ new employer, Longview, Texas-based EmergencHealth, had agreed to cover legal costs and damages tied to the non-compete violations. The court ruled that such arrangements do not invalidate enforceable restrictions. The case will proceed to trial June 8, 2026.

The case reflects an ongoing conflict across healthcare as noncompete agreements become increasingly criticized as a barrier to physicians and other clinicians already facing significant labor shortages. 

“Noncompetes and the way that they’re used serve as a blanket restrictive covenant for physicians when they sign a contract is really problematic,” Marcelo Hochman, MD, an independent physician and former president of the Independent Doctors of South Carolina, told Becker’s.  “It abridges the patient’s rights to follow their doctor if their doctor is going to leave the hospital system and now they have to move X miles away. That patient may not have that option, [especially] senior patients, or maybe even just geographically … 30 minutes, 45 minutes away may just not be feasible, or you may just not want to do that.” 

3. Prior authorization expansion is giving payers more control over anesthesia-dependent cases: CMS launched its Wasteful and Inappropriate Service Reduction model on Jan. 1 in Arizona, Washington, New Jersey, Texas, Ohio and Oklahoma, requiring prior authorization for select spine and orthopedic procedures in traditional Medicare beginning in 2026, including cervical spinal fusion, epidural steroid injections and vertebral augmentation. CMS also plans to pilot a mid-2026 “gold carding” exemption for clinicians with high approval rates, though the model has drawn congressional scrutiny over AI use and potential access concerns. 

This shift expands payer control over when, and whether, anesthesia-supported procedures move forward. Even clinically appropriate cases may face delays or denials, introducing new uncertainty into surgical planning. The addition of AI-supported review further signals a move toward more standardized, front-end utilization management, with implications for case approval, timing and anesthesia resource allocation.

At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.

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