Senate Plans to Address Medicare Physician Payment Fix Outside of Health Reform Bill; Advocacy Critical

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Senate Democratic leaders have announced that the Senate will likely begin debate on a stand-alone physician payment measure (S 1776) next week. The announcement reflects a change in plans for the larger health reform measure, which originally included a provision to provide a short-term increase in Medicare payments to physicians as Senate leaders begin the difficult task of melding the two Senate committee health reform bills into a single measure that can garner support.

For almost 10 years, physicians have faced cuts in their Medicare fees that are dictated by a statutory budget formula known as the sustainable growth rate (SGR). During this period, physicians have generally been able to convince Congress to reverse the cuts, although at considerable and increasing cost. Beginning January 1, 2010, physicians face an average 21 percent cut in their Medicare fees. Democrats had planned to reverse the cut, and perhaps even “re-base” the fee schedule to avert future cuts, as part of health-care overhaul bills in the House and Senate, but they have scrapped that plan in favor of dealing with the physician payment issue in stand-alone legislation.

Deferring the matter could free up billions of dollars that Democratic leaders could apply to make other changes in a health-care plan, such as increasing subsidies to help low-income Americans purchase insurance. The Senate Finance Committee bill, for example, proposed spending about $10.9 billion to reverse the cut and instead give doctors a 0.5 percent increase in their Medicare payments in 2010. Without that provision, the money can be used elsewhere in the bill.

Consequently, Senator Debbie Stabenow (D-MI) has introduced the stand-alone physician payment measure that would repeal the SGR formula, and the combined Senate health-care overhaul bill would then implement a new system that more closely ties Medicare physician payments to the quality of care the doctors deliver.

This strategy of separating Medicare physician fees from the health-care overhaul still may create problems, particularly in the House of Representatives where Members are very concerned about the cost of the fix and paying for it. The Blue Dog Coalition, a group of fiscally conservative House Democrats, has demanded either that changes to the physician fee schedule be paid for or that a bill would be enacted that would make pay-as-you-go rules statutory.

The House health-care overhaul (HR 3200) includes a provision to permanently change the way doctors are paid under Medicare, at a cost of about $245 billion over the next 10 years. Senator Stabenow was unsure exactly what her bill would cost but said the figure was in the same neighborhood - and it would not be offset, thus adding to the deficit.

The House has passed a statutory pay-as-you-go bill (HR 2920), but the Senate has made no move to act on it. House Democratic leaders have pledged not to ask the House to vote on any change to the Medicare physician fee issue unless the pay-as-you-go bill is enacted or is attached to the physician fee measure. In other words, the House leadership has said that statutory pay-as-you-go legislation will be enacted or that Congress will find a way to pay for the physician payment fix but simply cannot try and hide it outside of health reform legislation.

Nevertheless, congressional leaders understand the importance of averting the scheduled Medicare physician payment cuts. “Whether it is in or out or separate, we are going to do a fix of one year or permanently,” House Majority Leader Steny Hoyer (D-MD) said Wednesday, “That decision has been made.”

It is critical that every member of the Senate hear from physician constituents urging passage of S. 1776. Visit the ASH Advocacy Center today to send an e-mail to your Senators urging support for the bill.

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