
FAQ: The ‘Doc Fix’ dilemma
United States (KaiserHealth) – Among the must-do issues on Congress’ end of year list is the “doc fix” – billions of dollars needed to avert drastic rate cuts for physicians who treat Medicare’s 48 million beneficiaries.
For doctors, the nail-biter has become a familiar but frustrating rite. Lawmakers invariably defer the cuts prescribed by a 1997 reimbursement formula, which everyone agrees is broken beyond repair. But the deferrals are temporary, and the doc fix has become increasingly difficult to push through a divided and deficit-wary Congress. Last year, Congress delayed scheduled cuts five times, with the longest patch lasting one year.
The script is no different heading into 2012. Should lawmakers fail to reach agreement before returning home for the holidays, a half million doctors will face a 27 percent cut beginning Jan. 1. Although Democratic and Republican leaders have pledged to stop that from happening, they disagree over how to offset the costs of a fix. While there is little doubt some agreement will be reached, a deal could be delayed until early 2012.
Here are some answers to frequently asked questions about the doc fix.
Q: How did this become an issue?
Today’s problem is a result of yesterday’s budget panacea – a 1997 deficit reduction law that called for setting Medicare physician payment rates through a formula based on economic growth. For the first few years, Medicare expenditures did not exceed the target and doctors received modest pay increases. But in 2002, doctors reacted with fury when they came in for a 4.8 percent pay cut. Every year since, Congress has staved off the scheduled cuts. But each deferral just increased the size – and price tag – of the fix needed the next time.
The formula also reinforces what many experts say are some of the worst aspects of the current fee-for-service system – rewarding doctors for providing more tests, more procedures and more visits, rather than for better, more effective care. In an Oct.- letter to lawmakers, the Medicare Payment Advisory Commission (MedPAC), which advises lawmakers on Medicare payments, called the formula “fundamentally flawed” and said it “has failed to restrain volume growth and, in fact, may have exacerbated it.”
Q. Why don’t lawmakers simply eliminate the formula?
Money is the biggest problem. It would cost about $300 billion to stop the doc fix cuts over the next decade and Congress can’t agree on where to find that kind of cash. Some lawmakers, including Sen. Jon Kyl of Arizona, the Senate Republican whip, have proposed using money saved from winding down the wars in Iraq and Afghanistan to finance a permanent fix. While the idea has found favor among some Democrats, other Republicans oppose it.
For physicians, the prospect of facing big payment cuts is a source of mounting frustration. Some say the uncertainty led them to quit the program, while others are threatening to do so. Still, defections have not been significant to date, according to MedPAC. Physician groups continue to lobby Congress to enact a permanent payment fix.
Q: What do experts recommend?
In October, MedPAC recommended eliminating the formula without increasing the deficit by cutting fees for specialists and imposing a 10-year freeze on rates for primary care physicians. That proposal was strongly opposed by health industry groups, as well as the American Medical Association (AMA).
The AMA has recommended a five-year transition fee scale that allows time to test new payment approaches, including several being tested as part of the 2010 health care law.
Several other options have been offered to fix the reimbursement scheme, including proposals by Rep. Allyson Schwartz, D-Pa., and the White House, but none has generated strong bipartisan interest.
Q: What happens next?
The Republican-led House passed a complex tax bill Dec. 13 that would extend doctors’ payments for two years at a cost of $38 billion. But that measure, which also includes the payroll tax break requested by President Obama, faces challenges in the Senate, where Democrats object to several provisions, including paying for the doc fix by cutting programs established by the 2010 health law and reducing Medicare and Medicaid payments to hospitals.
Some health care lobbyists suggest the Senate may go for a one-year fix, but there doesn’t seem to be consensus about what to do next. Since there are other major conflicts between the chambers on this bill, including the House’s approval of the controversial Keystone XL pipeline project, a physician payment compromise may be difficult to find. The White House has threatened a veto of the House Republican bill.
Lawmakers don’t have much time to reach common ground on the issue. Both the Senate and House are eager to break for the holidays and the current financing ends Dec. 31, well before they return to work. In the past when hitting such scheduling troubles, Congress has often opted for stop-gap extensions. If no deal is reached by Jan. 1, the agency that oversees Medicare would likely tell physicians to delay submitting claims in the expectation that Congress would pass a fix when it returns later in the month.
— Compiled by Mary Agnes Carey, Carol Eisenberg and Lexie Verdon
– Provided by Kaiser Health News.
Medicare ‘Doc Fix’ debate shifts to Senate
Washington, DC, United States (KaiserHealth) – KHN’s Mary Agnes Carey talks with Politico Pro’s Matt DoBias about the latest developments on Capitol Hill concerning a pending Medicare physician payment cut set to take effect Jan. 1 without passage of a “doc fix.”
MARY AGNES CAREY: Good day. This is Health On The Hill. I’m Mary Agnes Carey.
The House of Representatives has passed legislation that would stop a 27 percent cut in Medicare physician payments, scheduled to go into effect on Jan. 1. But the measure appears to be going nowhere in the Senate.
So what’s next for the Medicare “doc fix”? Matt DoBias of Politico Pro joins us today with the latest. It’s great to have you, Matt.
MATT DOBIAS: Good morning.
MARY AGNES CAREY: The House has passed a two-year patch for the Medicare doc fix. How would that work?
MATT DOBIAS: As you said, the first thing it does, probably most importantly, is it stops a 27 percent pay cut from hitting the physicians who are paid by Medicare starting in Jan. 1. What it also does, it gives them a slight bump up in pay. So it stretches over two years, starting in 2012, extending through 2013. In each of those years, physicians will get a 1 percent increase in Medicare reimbursement, something I’m sure they wanted a little bit more of, but they will be happy with 1 percent.
MARY AGNES CAREY: Senate Majority Leader Harry Reid has said the bill is dead on arrival in the Senate. Why?
MATT DOBIAS: Not just Harry Reid. President Obama also, his White House administration has issued a veto threat if it goes through, and there’s very little chance of that. One of the reasons why, and this is more of a political conversation, but along with the package that includes the Medicare doc fix are a couple of controversial what they call “riders” that Republican leadership included in there — one of them referring to a pipeline extension that would run from Canada down south through America. This is something that the Republicans want to accelerate the development of. Democrats want to slow it down.
There are a couple of other positions that just don’t jibe with the Democrats in the Senate and what they want. But primarily that seems to be the issue. There are these political arguments, and then there are also what they call the “pay-fors,” how they want to pay for this package. And the pay-fors really get into the Affordable Care Act. They siphon away close to $19 billion to pay for, not just the doc fix, but also other provisions that are in the bill.
MARY AGNES CAREY: So they are talking about – the bill would reduce funding, I believe, for the health law’s prevention fund. It would extend the current income-relating provisions that exist in Medicare. Is that correct?
MATT DOBIAS: That’s absolutely correct. And that is $8 billion coming out of the Medicare prevention and public health fund. Republicans have made it clear that they see this as a slush fund, but it has some very allies in the Senate and also in the White House. So that again is one of those provisions, one of those pay-fors, that will probably gum up the works.
MARY AGNES CAREY: Hospital groups have been very vocal. They are upset about these payment cuts for hospitals that are also being used to finance the doc fix. Has their lobbying campaign made a difference?
MATT DOBIAS: The hospital lobby really took it on the chin in this bill and it’s remarkable considering the amount of clout they have had and built up over the years. There are cuts in here that you never thought you would see. There’s $10 billion that will come out of what is known as “Medicare bad debt payments.” This is money that compensates hospitals for treating patients that can’t pay.
There are some other areas where they are getting hit. There’s a $6.8 billion hit in reimbursements for treating non-emergency patients in a hospital out-patient setting. And then there are some other tweaks that are a philosophical hit to hospitals. This is something that the American Hospital Association and the Federation of American Hospitals lobbied against and that is kind of a loosening of the rules for physician-ownership of specialty hospitals. So on one hand, yes, we know that hospitals are kind of Medicare’s biggest cost center. There’s more money that flows into that sector than any other sector paid by Medicare, including physicians. I think it is also an acknowledgement that the low hanging fruit – the easy pay-fors – when it comes to these types of provisions, these types of bills–are pretty much tapped out already.
But it also is an acknowledgement that the hospital lobby really, really did take one right on the chin. And I think that what happens when they go to the Senate — obviously hospitals have some pretty strong allies in the Senate as well. We’ll see how this shakes out.
MARY AGNES CAREY: Speaking of the Senate, has Senator Reid proposed his version of the doc fix?
MATT DOBIAS: Not yet. What the Senate has, is a version of the jobless benefits and the payroll tax break, and even that isn’t the match that the House passed last night. What is happening now is that the committees that have jurisdiction over Medicare on the Senate side, that is primarily being Senate Finance Committee, are quietly working, we assume, on a package that can run anywhere from a short-term fix to perhaps a longer-term fix. I think they’re still trying to calibrate the numbers right now. But, again, they’re facing somewhat of the same issue as the House phase and that is, trying to find a way to pay for a costly doc fix on their end.
What’s happened, we don’t know a lot at this point, but some of the ideas that have surfaced, the way that the Senate wants to pay for, if they can, a longer-term extension for physician payment — and that some of the provisions that we’ve heard would include: a surtax on millionaires and also what’s known as the OCO funds. This is O-C-O; it’s the acronym that’s basically shorthand for war savings. So the savings that would result as the U.S. kind of draws down its troops in Iraq and Afghanistan is also being thought as a way to pay for this package.
MARY AGNES CAREY: Thanks again, Matt DoBias of Politico Pro.
MATT DOBIAS: Anytime, Mary Agnes.
– Provided by Kaiser Health News.
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