The Elimination of the Inpatient-Only List: Why It Matters

As of Jan. 1, the Centers for Medicare & Medicaid Services (CMS) initiated a three-year phase-out of the Inpatient-Only (IPO) List, which fundamentally reshapes how surgical inpatient status is determined, documented, and reimbursed.

While CMS frames this change as a modernization effort aligned with advances in surgical care, its downstream financial, operational, and compliance implications are profound, requiring coordinated response across surgical services, utilization management, perioperative operations, and hospital leadership.

Understanding not only what is changing, but why IPO status historically mattered and how its elimination shifts risk, is essential as health systems prepare for a more documentation-driven, audit-sensitive environment.

What the IPO List Is and Why It Historically Mattered

The IPO List, established in 2000 and published annually in the Outpatient Prospective Payment System (OPPS) Final Rule, identifies CPT® codes for procedures that Medicare will only reimburse when performed in the inpatient hospital setting with a valid inpatient order.

These procedures were designated inpatient-only because typically, they:

• Are highly invasive or clinically high-risk;
• Require intensive post-operative monitoring;
• Are performed on patients with significant underlying medical complexity; and
• Require at least 24 hours of post-operative recovery or observation before safe discharge (70 CFR 68695).

Most significantly, IPO status provided payment certainty. Medicare paid the inpatient rate even when patients were discharged the same day or after one overnight stay, explicitly exempting these cases from the Two-Midnight Rule. This regulatory “safe harbor” recognized that clinical complexity, not length of stay, often justified inpatient admission.

That regulatory protection is now being phased out.

What’s Changing in 2026

Under the 2026 OPPS Final Rule, CMS will eliminate the IPO list over three years, starting with the removal of 285 musculoskeletal procedures. Additional categories will follow until the list is fully eliminated. CMS cites advances in minimally invasive techniques, anesthesia, enhanced recovery, and post-operative care as the rationale for broader outpatient applicability.

However, the removal of a procedure from the IPO list does not necessarily mean inpatient admission is inappropriate. Instead, inpatient status must now be justified through patient-specific risk, anticipated resource use, and documentation supporting Two-Midnight Rule compliance or an exception.

IPO Removal ≠ Outpatient Appropriateness

One of the most critical messages for clinicians and administrators alike is this: IPO elimination does not equate to outpatient appropriateness.

Procedures removed from the IPO list will still warrant inpatient admission when performed on medically complex, high-acuity patients who may require a hospital stay of more than two midnights. The difference is that the burden of proof now rests squarely on preoperative decision-making and documentation, rather than on CMS’s procedural designation.

In the absence of strong preoperative workflows and risk-based documentation, surgical cases may default to outpatient status, whether due to operational avoidance of inpatient authorization requirements or insufficient documentation to support inpatient medical necessity, thereby creating significant clinical and financial risk.

Financial, Compliance, and Case-Mix Implications

As IPO protections phase out, risk shifts decisively to hospitals.

Payment now depends on documentation and preoperative admission decisions, rather than the procedure itself. While CMS’s net-neutral payment reform maintains overall Medicare spending, it does not protect hospitals from financial risk. Even small variances in inpatient status, particularly for complex or prolonged cases lacking strong documentation, can result in substantial revenue loss.

At the same time, lower-acuity procedures are increasingly directed to lower-cost outpatient settings, leaving hospitals to manage a higher-risk, more complex surgical population. This shift intensifies both revenue stakes and operational burden, requiring careful justification, robust documentation, and consistent regulatory compliance.

Hospitals also face greater exposure to denials, outpatient downcoding, and revenue leakage, particularly when cases default to outpatient status. Proactive monitoring, audit readiness, and compliance oversight are essential to mitigate these risks.

Preoperative documentation is the primary safeguard. Detailed history and physicals (H&Ps), risk stratification, and prior authorization, especially for Medicare Advantage (MA) patients, can help ensure that inpatient admissions are defensible, clinically appropriate, and aligned with regulatory expectations. As IPO eliminations continue, documentation quality will directly impact both clinical alignment and financial integrity.

Health System Impact: What Leaders Need to Anticipate

The operational consequences of IPO elimination extend well beyond utilization review, to:

• DRG vs. APC payment variance, with significant underpayment risk when high-acuity cases default to outpatient;
• Outpatient default status increasing underpayment for medically complex patients;
• Case mix index (CMI) dilution and potential downstream effects on benchmarking;
• Readmissions impact if patients are discharged prematurely due to outpatient pathways;
• Perioperative workflow changes, requiring earlier status determination, establishing preoperative surgical risk clinics, and physician advisor oversight;
• Health information management (HIM) and coding compliance changes, requiring tighter alignment between documentation and code assignment; and
• Hospital Consumer Assessment of Healthcare Providers and Systems (HCAHPS) impact, as hospitals lose lower-acuity, highest-satisfaction cohorts to ambulatory surgical centers (ASCs).

Collectively, these effects underscore the notion that IPO elimination is not a narrow reimbursement issue, but requires a system-wide transformation.

Enabling Compliant Inpatient Status:

In the post-IPO era, physician advisors are essential to enabling compliant, defensible inpatient admissions. Key strategies include:

• Educating clinicians on the Two-Midnight Rule and patient complexity, emphasizing risk-based decision-making instead of procedure-based.
• Developing preoperative risk clinics or standardized stratification pathways to ensure consistent assessment across surgical services.
• Strengthening H&P documentation to clearly articulate inpatient medical necessity before surgery.
• Securing MA prior inpatient authorizations, particularly for high-risk elective cases.

By embedding physician advisors earlier in the perioperative process, organizations can reduce last-minute status disputes, prevent avoidable denials, and align care delivery with regulatory expectations.

The Physician Advisor Imperative

The elimination of the IPO list reflects CMS’s broader shift away from categorical rules and toward clinician-driven judgment supported by documentation. While this approach offers flexibility, it also raises the bar for accuracy, consistency, and accountability.

For physician advisors, the path forward is clear: lead with clinical logic, insist on robust preoperative documentation, and help health systems navigate a future where inpatient care is still appropriate, but must be justified better than ever before.

IPO elimination does not diminish the need for inpatient surgery. It demands that we defend it thoughtfully, proactively, and compliantly.

With clinical insight, strong documentation, and interdisciplinary collaboration, physician advisors are uniquely positioned to guide health systems successfully through this transition.