Attempt to Repeal SGR Fails in Senate; Slight Increase in Fees Still Likely in 2010

The U.S. Senate was unable to get enough votes to begin debate on the Medicare Physician Fairness Act of 2009 (S 1776). This bill, introduced by Senator Debbie Stabenow (D-MI), would have permanently repealed the Medicare sustainable growth rate (SGR) formula that was included in 1997 legislation and set future payment rates at current levels. The bill was viewed as an opportunity to fix the SGR formula that has prescribed annual cuts in Medicare payments to doctors — cuts that for years Congress has avoided with yearly stop-gap measures. The principal argument made against S 1776 was that the cost (roughly $245 billion over 10 years to end cuts to Medicare’s physician payment rates) was not offset by spending cuts or revenue increases. The motion to begin debate on the bill required 60 votes, but failed by a large margin 47-53.

This outcome led Senate Majority Leader Harry Reid (D-NV) to announce that the Senate would defer further action on the bill until it completes broader legislation that would overhaul the health-care system. In the interim, Democratic leaders are making assurances to physicians that the physician payment bill will be enacted by year’s end. Senator Reid stated at a news conference that he would bring up the 10-year freeze after health reform legislation is passed and will settle for a one-year fix in the meantime – the Senate Finance Committee had included a one-year fix for physician payment as part of the broad health reform legislation it approved last week and is now being melded with a health reform bill passed last summer by the Senate Health, Education, Labor, and Pensions Committee. Health reform bills passed by committees in the House of Representatives also included a permanent adjustment of the physician payment formula, and House leadership is currently working to finalize a bill to be voted on by that chamber

Current statute calls for a Medicare physician payment cut of 21 percent beginning January 1, 2010, unless new legislation is enacted.

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