Thursday, August 1, 2013

SGR Fix Closer to Reality

By Scott Hultstrand, SCMA General Counsel

Right now an SGR fix is closer to reality than ever after yesterday’s unanimous vote by the US House Energy and Commerce Committee on HR 2810, a bill that repeals SGR along with a number of other measures to reform the Medicare physician payment system.  The bill will now be considered by the full House, and should it pass would then receive Senate consideration.  Early indicators from both Democrat and Republican Senate leadership suggest that this bill should be well received.

In addition to ending SGR immediately, which means that the 25-30% cut that physicians have been facing each year would be eliminated, HR 2810 begins a slow transition to steer Medicare payment away from volume and towards value.  To help stabilize Medicare payments, the legislation would bump physician pay up 0.5% each year from 2014 to 2018.  Then, in 2019, payment adjustments would begin to physicians based upon how they compare with peer physicians on yet-to-be determined quality metrics.  The physicians who compare well would see higher payment increases, while those who fare poorly would receive cuts in their Medicare reimbursement.  Physicians who choose not to participate in the incentive program will initially receive an automatic cut of 5%.

The real crux of the bill is obviously slanted towards what House authors of the legislation are calling “Alternative Payment Models.”  A 0.5% increase will likely not keep up with medical inflation, and coupled with the uncertainty over how physicians will be measured for quality updates starting in 2019 there is significant pressure for physicians to consider alternatives to fee-for-service.  This bill would allow physicians who come up with new payment and delivery models to have a streamlined process for approval from CMS, so that they can be creative and be paid differently by Medicare.  Examples of Alternative Payment Models are accountable care organizations (ACO’s), patient-centered medical homes (PCMH), and bundled payments.  For physicians who choose these or other alternative methods of payment, they can operate outside of the 0.5% increases and quality measurement system.  Of course, any new payment method will have quality involved, but the upside to physicians developing their own models is they are determining the quality metrics instead of a third-party payer like CMS.

This bill also introduces new payment codes for complex care management, allows physicians easier access to data so that they can develop new payment and delivery models, and calls for more accuracy in Medicare payments by incentivizing physicians to report their actual time spent on various visits and procedures.  Additionally, and not insignificantly, the bill protects physicians from tort liability for failure to follow medical standards set by the Affordable Care Act or any other federal legislation by declaring that any standards set by the federal government are not by default an establishment of the standard of care owed by a physician to a patient.  

There are still a number of steps that this legislation must go through before final passage, and there are still some kinks that must be worked out along the way, but the SGR fix alone in this bill is an exciting prospect for physicians.  Whether the value-based payment structures that the bill encourages will be embraced by physicians remains to be seen, but the way it is currently structured at least gives physicians the opportunity to have a say in how they are paid.  Those who jump on this opportunity may have more ability to determine their own future reimbursement;  those who do not will likely have their reimbursement decided by someone else. 

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