In yet another attempt to reach the president and administration officials about the proposed 2010 Medicare Physician Fee Schedule, the ACC tomorrow will run an ad in four different major newspapers -- Washington Post, New York Times, Chicago Tribune and USA Today -- decrying the cuts. We're just a couple of days away from the release of the final rule; we must pull out all the stops in preventing these cuts from being finalized.
President
Bove, SVP for Advocacy Jim Fasules
FACC, and I met with the top brass at CMS
last week to try to ascertain what’s going to happen. We met with CMS Acting Administrator Charlene Frizzera, Deputy Jonathan Blum and several CMS physician
division chiefs for a long discussion on the implications of the Rule if it
proceeds as proposed.
The CMS principals had not considered the likelihood
that this rule would devastate private practice of cardiology as it will (they
have been considering those predictions merely exaggerations of the effects by
us). In essence, they continue to see this is an 11 percent cut (bad enough!),
not wanting to connect that to the cuts in support staff, support services
(echo and stress testing, etc.) that create the actual 27 percent average
reduction in practice revenues. CMS
leaders did cringe at the contemplation of a 27 percent cut, and I believe they
are now going to have to look squarely at the implications of it for the Obama
administration; this will cause a number of problems on their watch that they
have not anticipated, including:
- About
two-thirds of CV patient care access will be threatened as practices close
— the worst effects will be in rural states, suburbs and away from large
academic centers and integrated systems. Seniors will scream bloody murder.
- The
same hospital-based cardiology clinic and diagnostic services cost two
to four times more than equivalent payments to private practices in
the outpatient setting — this will drastically increase Medicare costs
at a time when “bending the cost curve” is the big goal. We must not
forget that CV care is 43 percent of Medicare, and this will have an
impact they have not anticipated. It’s dumb.
- The
shift of cardiologists to hospital employment and other employment venues
will have significant repercussions for chronic disease management. Such
has occurred in parallel when a large number of general internists were
forced for financial reasons to close their practices and become
hospitalists.
- Medicare
beneficiaries will suffer a Part B premium increase as the costs of lab
services, etc., rise. It’s a veritable tax on seniors as well.
CMS wants to continue to message that the survey reflects
the current environment of practice expenses fairly (perhaps with a few
inevitable glitches), and that their processing of the AMA survey data was not
done with any political purpose or manipulation. I believe they are sincere in
this. But, one could tell they were disturbed as they confronted a 27 percent
cut as reflecting accurately the actual practice costs of cardiology over the
past year -- and then they weren’t thinking about implications. It just doesn’t
make sense.
Next Steps
So, what now? The secretary still has not opined on the
staff submission of the Final Rule, nor apparently has OMB (Office of Management
and Budget) in the White House. I would think the attendees at this meeting
will probably be making a few phone calls to ask what should be done -- if
anything. They were pretty frank in asking us a recurring question: “What can
we tell the Secretary or the President that would explain why we shouldn’t
follow our regulations and put the rule out as prescribed?” We gave them plenty
of things they could say, like, “You did not validate the data;” “AMA did not
validate the data;” “The data for CV practices is not valid;” “The implications
on the adverse effects to private practice of cardiology will be horrific;” and
“I don’t want to be here when this happens.” Neither do we.
It is possible that some heroic measure will be attempted.
But we need to start developing our legislative, legal and other contingencies
because this was not an encouraging meeting. But, we’re doing a lot more than
meeting again with CMS:
First -- On the Congressional
front, the ACC is keeping up the
pressure on Capitol Hill. More than one-third of Congress has registered
concerns about the proposed rule with either by letters or calls to CMS and
Health and Human Services Secretary Kathleen
Sebelius. We continue to hear from members of Congress that your individual
calls, letters and visits are making a difference. In several cases, the
personal stories about the impacts of the cuts on patients and practices have
made such a difference that members are prepared to support emergency
legislation should it be necessary.
Second -- I have met directly with
Obama administration officials to highlight the gravity of the cuts,
particularly at a time when the administration is looking to increase access to
care as part of its health care reform agenda.
Third -- While I can fully assure
you that we are at the table and working to stop the cuts, we are also working
to mitigate the impacts of smaller cuts on your patients and practices,
including those related to new nuclear codes slated for Jan. 1. In an
effort to help your practice plan for these changes, the ACC has developed a practice
expense calculator that you can use to gauge the impacts on your
practice. (This is also a useful tool when talking to members of Congress about
the specific affects of the proposed rule.)
Further -- See the ad mentioned above.
Finally -- ACC President Fred Bove, FACC, and I will be hosting an all-member
call on Nov. 12 from 4 p.m. to 5:30 p.m. (EST) to discuss the 2010 rule. RSVP
for the call now. I strongly encourage you to attend this
call, where we will provide an overview of the final rule, as well as answer your
questions about next steps.
If this rule goes through as is, it will literally devastate
the private practice of cardiology and outpatient access to cardiovascular
care. We can’t let this happen.