ASC INDUSTRY NEWS
September 2025
Surgical Smoke Legislation Enacted in Delaware
Delaware is now the 20th state to enact surgical smoke evacuation legislation. The new law requires both hospitals and ASCs to adopt and integrate policies and procedures that require and implement smoke evacuation systems for any surgical procedure that is likely to produce surgical smoke. The Delaware Nurses Association celebrated the adoption of this legislation as significant step toward assuring safety for operating room staff. The new law will go into effect in April 2026.
Source: AORN
Over half of healthcare workers eye a change in employment: Survey
A sobering survey conducted by The Harris Poll found that 55% of heath care workers intend to look for a different job in the coming year. Amid existing staffing shortages, this poll found that 40% of those looking to change roles were looking outside their current employer. Since the pandemic, burnout, emotional fatigue, and lack of compensation have been the top reason for attrition. According to this survey, the trend appears to continue, as less than 1 in 3 reported feeling valued by their employer. Additionally, only 1 in 5 healthcare employees surveyed felt their employer is invested in their long-term career success.
Source: Beckers ASC
CMS Prior Authorization Demonstration Project to Begin on December 15
CMS announced the launch of a five-year prior authorization demonstration impacting 10 states including: Arizona, California, Florida, Georgia, Maryland, New York, Ohio, Pennsylvania, Tennessee and Texas. This demonstration project will assess 41 codes associated with blepharoplasty, botulinum toxin injection, panniculectomy, rhinoplasty, and vein ablation procedures. CMS states this initiative to obtain prior authorization will ensure that these procedures, which can be categorized as cosmetic in some cases, are compliant with Medicare coverage requirements. ASCA submitted comments to CMS in 2024 opposing the prior authorization demonstration, stating that it imposes an undue burden with no clear advantage for beneficiaries.
Source: ASCA Focus
FTC’s New Noncompete Inquiry Raises Questions for ASC Staffing
The FTC requested information and public feedback on employer noncompete agreements, to inform potential enforcement actions. A shift in noncompete agreement restrictions could significantly impact ASCs already facing staffing challenges. During the Biden administration, a sweeping ban was placed on non-competes, which has been contested in multiple District courts. These cases have caused a halt on the ban and left the status of non-competes uncertain. A ban from the FCT involvement could create further pressure for the ASC market to increase wages as the opportunity for freer physician movement would become possible.
Source: ASC News
ACES Looks to Redefine Surgical Staffing with Aviation-Enabled Model, Eyes ASC Partnerships
A new spin on Locum tenens, or “locums” comes in the form of a start-up called Aviation-Commuting Employment Solutions (ACES). This reiteration of the locum model utilizes private planes to bring surgeons to rural areas, providing unique service to the underserved.
ACES founder; Elefant sees the ASC space as a unique opportunity to utilize existing infrastructure. A partnership between ACES and an ASC would allow top-notch surgeons to employ a direct pay model while the ASCs collect facility and anesthesia fees. While currently building out its surgeon and facility bases, ACES’ ultimate goal is to reach the health deserts of the Midwest and West coast.
Source: ASC News


