A bill introduced in Congress on March 20 would tie ASC annual payment updates directly to the hospital outpatient department fee schedule increase factor.
Currently, ASC payment updates and HOPD payment updates follow different formulas, a gap that historically has resulted in lower annual increases for ASCs. Starting in 2027, the bill would give ASCs the same update rate as HOPDs.
The legislation also would prohibit CMS from applying a budget neutrality adjustment specifically to ASCs, a mechanism that previously had offset payment increases to keep aggregate spending flat. Additionally, when CMS calculates budget neutrality adjustments for the hospital outpatient system going forward, it would be required to factor in ASC expenditures jointly, rather than treating them as separate buckets.
The Outpatient Surgery Access Act of 2026 was introduced by Rep. Beth Van Duyne, R-Texas. It has been referred to committee and has not yet passed.
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