Tuesday, July 2, 2013

Physician Medicare Payment Reform a Step Closer to Reality

By Scott Hultstrand, General Counsel

Continuing its work on repealing SGR and replacing it with new payment models, the US House Energy and Commerce Committee late last week released draft legislation for comment.  This is the second time the committee has released draft legislation, with all indicators pointing to a true commitment to ending Medicare physician reimbursement as we know it.

So what would reimbursement look like if this legislation passed?  The bill splits physicians into two categories, and intends to pay them differently based on a choice that they make.  What is the choice?  First, physicians can choose to remain in fee for service reimbursement.  But this will not be business as usual.  Staying in fee-for-service means that you will now be judged by new “competency measures” to determine the quality of the care you are providing and even the delivery process you choose.  The federal government, with the assistance of national and state medical and specialty societies, will come up with a list of core measures for each medical specialty.  You choose what specialty group you want to be measured with, and then the measurement begins. 

Right now, there are two possibilities for how the “competency measures” will work:  (1)  The first is a “benchmark” method, which will set standards you will try to meet, with the better achievers getting better reimbursement updates; (2)  The second is a “percentile” method, which will not set a definite benchmark but rather will compare all physicians within a specialty against each other, with the highest percentile physicians getting better reimbursement.  At the end of what is called a “performance year” your Medicare fee-for-service reimbursement will be adjusted up or down depending on how well you do. 

Physicians do have another choice under this proposed law, and that’s to enter into what the US House is calling “Alternative Payment Models.”  If you engage in this program, you are not subject to the fee-for-service updates.  Instead, you will be able to choose from a list of approved payment models, or develop one on your own (as long as you can get it approved!).  CMS will even give your practice de-identified claims data to use in the development of new payment ideas.  Suggestions right now for the type of payment models that would be approved under the Alternative Payment Model format include accountable care organizations, bundled or episode-of-care payments, gain-sharing arrangements, and the patient-centered medical home model.

Two things are clear right now in the midst of the murky waters of Medicare payment reform.  The first is that fee-for-service is not going away, but quality measures are going to start having a more significant impact on reimbursement.  The second is that policymakers are trying to incentivize physicians to step out of fee-for-service and into new payment models.  What is the incentive?  Basically, the House bill goes down a road of making fee-for-service a losing proposition, while alternative payment models have the possibility of upside. 

Here’s why.  If you ignore the “competency measures” and try to continue fee-for-service as we know it, then you are going to get dinged every year with reimbursement penalties and decreases.  If you comply with the “competency measures,” this means you are likely reducing your volume, increasing practice expense to enhance quality, and perhaps seeing a slight percentage increase for your efforts (which may not cover the reduced volume and increased practice expense).  On the other hand, if you enter into an alternative payment model, you have the potential to share the savings you are creating by reducing volume and enhancing quality.  There is no mechanism in the fee-for-service option to get access to these dollars;  these dollars are only available in the alternative payment models. 

So, SGR may finally be abolished.  But a new horizon means new choices for physicians, neither of which are business as usual.  Stay tuned for more coverage of this issue along with analysis of new payment models and the pros and cons for physicians. 

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