House and Senate Committees Come to an Agreement on Fixing Physician Payment for Four Years; Votes Expected This Week

The House Ways and Means and Senate Finance Committee Chairmen have announced an agreement for a four-year physician payment fix. The expectation is that this will be voted on by the end of the week.

Medicare physician payment rates are scheduled to be cut by 21 percent beginning June 1 unless Congress passes legislation to prevent the cuts. The new agreement (House amendment to HR 4213) would provide:

  • 1.3 percent update effective June 1, 2010
  • An additional 1 percent update on January 1, 2011
  • From 2012-2013, annual updates are based on two target method contained in a House passed bill (HR 3961) although updates for both service categories cannot be negative in either of those years. During this period, physicians in Accountable Care Organizations (ACO) may elect to establish ACO-specific spending targets in lieu of national spending targets.
  • Following 2013, rates return to levels determined by the current sustainable growth rate system, but rates will not be hardcoded.

The Congressional Budget Office is still estimating the cost of this policy, but it is expected that the price will not exceed the congressional budgetary allow allowance.

A detailed summary of the bill is available, as are shorter summaries and localized data (where available) on the components of the bill (job growth, closing loopholes, individual & business tax relief, and assistance for individuals, etc).

Previously this year, Congress has twice allowed 30-day extensions of the physician payment rate to expire, creating tumult for patients and physicians because a 21 percent cut became the operative policy. Recently, the House and Senate were struggling over how to prevent the impending June 1 cut because of the expense of continuing to postpone the scheduled cut and how to pay for it.

House and Senate Democrats have wanted to create a five-year fix in the payment rate for physicians, but Republicans and some moderate Democrats have been unwilling to support this type of proposal because it would cost $88.5 billion and lacks the offsets to pay for itself. Congressional budget rules (PL 111-139) would allow a five-year fix without offsets, but the measure’s price tag has raised concerns among moderate Democrats, who in the past have joined Republicans in calling for offsets. Two senators whose support once again seems central to getting a bill through - Ben Nelson (D-NE) and Olympia Snowe (R-ME) - both have said that they want to see the cost of keeping the reimbursement rates as they are now, known around Washington as “the doc fix,” offset by an equivalent amount of new revenue or reduction in spending.

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