What happened in Congress this week?

Government funding is set to expire a week from today, Friday, December 20th. Congress has one week to pass a new Continuing Resolution (CR). Congress is widely expected to pass a CR to avert a government shutdown and fund the government through March 2025. It is not yet known if this package will include provisions to avert Medicare payment cuts to physicians and extend Medicare telehealth coverage flexibilities.

Additionally, this week Democrats proposed a one-year extension of Affordable Care Act (ACA) subsidies set to expire at the end of 2025. This proposal was included in negotiations as part of a broader end-of-year healthcare package. It remains unclear whether a bill will be formally released and, if so, whether it will reach the House or Senate floor before the year’s end.

Senators Elizabeth Warren (D-MA) and Josh Hawley (R-MO) also introduced legislation that would ban a company from owning both a Pharmacy Benefit Manager (PBM) and a pharmacy. A parallel House version was introduced by Representatives Jake Auchincloss (D-MA-4) and Diana Harshbarger (R-TN-1). Targeting primarily major insurers Aetna, UnitedHealthcare, and Cigna that own both a pharmacy and a PBM (in addition to their health insurance arm), this marks a major bipartisan, bicameral effort to break up healthcare conglomerates. Similar to the ACA extension, this bill might not get floor time with the end of the 118th Congress rapidly approaching.

MedPAC Recommends Physician Payment Reform at December Meeting

The Medicare Payment Advisory Commission (MedPAC) held its December Public Meeting this week, focusing on “Assessing payment adequacy and updating payments: Physician and other health professional services” in the Thursday morning session. MedPAC is a nonpartisan legislative agency that advises Congress on Medicare issues. This session examined the current state of physicians’ Medicare reimbursements, with discussions centered on its three key categories of assessment:

  • Beneficiaries’ Access to Care
  • Quality of Care
  • Clinicians’ Revenues and Costs

Beneficiaries’ Access to Care

MedPAC found that Medicare beneficiaries reported access to care that was comparable to privately insured individuals and, in some instances, slightly better. Similarly, wait times for Medicare beneficiaries were roughly the same as they were for privately insured individuals. However, an important exception was identified among low-income Medicare beneficiaries eligible for Medicaid. Physician reimbursement for dual-eligible patients was often lower due to Medicaid’s lagging payment rates compared to Medicare. This can make it much more challenging for dual-eligible patients to access a clinician. 

Additionally, the number of clinicians billing under the Physician Fee Schedule increased by 2.2% between 2018 and 2023. This MedPAC analysis suggests a growing number of providers participating in the Medicare program.

Quality of Care

MedPAC noted challenges in assessing clinician quality, largely due to reliance on the Merit-based Incentive Payment System (MIPS). They criticized MIPS as “fundamentally flawed,” citing its reliance on self-selected metrics, which makes standardized evaluations difficult. The Commission reiterated its recommendation to eliminate MIPS in favor of a more streamlined and effective system.

Clinicians’ Revenues and Costs

Physician compensation under Medicare continues to lag the Medicare Economic Index (MEI). In 2023, average physician compensation grew by 3%, while MEI rose by 4%. However, MedPAC projects that annual MEI increases will moderate in the coming years, dropping to 3.3% in 2024, 2.8% in 2025, and 2.3% in 2026.

Recommendations for Sustainable Reimbursement

To address these challenges and ensure sustainable physician reimbursement, MedPAC proposed two key recommendations:

  1. Base Payment Rate Adjustments:

From 2025 to 2026, MedPAC suggests increasing base payment rates by MEI minus 1%. This would begin efforts to replace the current system of annual Congressional updates to the conversion factor, providing a more predictable and less stressful framework for physicians.

  1. Safety-Net Add-On Payments:

In alignment with its March 2023 recommendation, MedPAC advocates for establishing safety-net add-on payments under the Physician Fee Schedule (PFS). This includes a 15% add-on for primary care clinicians and a 5% add-on for all other clinicians delivering services to low-income Medicare beneficiaries. Notably, these add-ons would not impact beneficiary cost-sharing. This measure aims to incentivize care for dual-eligible patients, addressing the issues caused by insufficient Medicaid reimbursement rates.

Conclusion

MedPAC’s recommendations highlight the growing concern that MEI is outpacing physicians’ Medicare reimbursements. The recommendations are viewed as a short-term measure, and the MedPAC commissioners still expressed concern about long-term sustainability. Like providers across the country, MedPAC believes a permanent solution is needed to address suboptimal provider reimbursements rather than relying on annual Congressional fixes.

Top Stories in Healthcare Policy

Representative Brett Guthrie (R-KY-2) will serve as Chair of the House Energy and Commerce Committee during the 119th Congress beginning in January. He notably is open to changes to the Medicare Drug Price provision of the Inflation Reduction Act. He is also open to cost-cutting changes to Medicaid and generally supports Medicare Advantage.

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A federal court in North Dakota has halted Affordable Care Act (ACA) coverage for Deferred Action for Childhood Arrivals (DACA) recipients for the time being.

The MIPS Value Pathways (MVP) Candidate public comment period opened this week and will be accepting comments until January 24, 2025. CMS is soliciting comments on six new MVP concepts. MVPs must be formally proposed in the annual Physician Fee Schedule proposed rule.

The Center for Medicare and Medicaid Services (CMS) CMS FY 2024 Department of Health and Human Services (HHS) Agency Financial Report revealed a national Medicare Fee-for-Service (FFS) improper payment rate of 7.66% ultimately totaling $31.7 billion between July 2022-June 2023. The majority of these improper payments were due to insufficient documentation and failure to show medical necessity.