Washington Watch Weekly June 1, 2012

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LEGISLATIVE NEWS-ON THE HILL

ASCRS/ASOA WEBINAR SERIES ON QUALITY PROGRAMS

MEDICARE NEWS

eRx NEWS

UPCOMING CALLS

EYEPAC


House of Representatives Passes Its Version of the Food and Drug Administration (FDA) User Fee Legislation; Conference Begins With July 4 Goal for Final Passage

On May 30, the House passed its version of the bipartisan FDA user fee legislation, H.R. 5651, by a vote of 387 to 5, setting up a conference between the House and the Senate to reconcile the differences between the two versions of the legislation.  The legislation includes a five-year reauthorization for FDA programs that help fund the review medical devices and prescription drugs and also creates user fee programs for generic drugs and generic biologic drugs.  The legislation was considered under an expedited procedure known as under suspension of the rules, which requires a two-thirds majority for passage. While this process does not allow amendments, House members did make technical changes to the final bill.  The legislation also includes much-needed FDA reforms.  As we reported last week, the Senate passed its version, S. 3187, by a vote of 96 to 1.

The conference committee process is expected to begin in an effort to set up quick votes in both the House and the Senate with the goal of sending the final bill to the President before July 4. While the two bills are similar, some differences do remain in several medical device provisions, as well as in the generic drug pay-fors and drug track and trace language.

We will continue to keep you updated.

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Legislation to Repeal the Medical Device Tax Sponsored by Representative Erik Paulsen (R-MN) Approved by House Ways and Means Committee; House Floor Vote Expected Next Week

On May 31, H.R. 436, the Protect Medical Innovation Act, sponsored by Representative Erik Paulsen, was overwhelmingly approved by the House Ways and Means Committee by a vote of 23-11.  Specifically, the legislation repeals the new $29 billion excise tax on medical devices that was included in the healthcare reform law that is set to begin in less than seven months.  A House floor vote on the legislation is expected next week.  ASCRS joined AdvaMed, along with other medical device and physician organizations, in a letter of support for the legislation.

We will continue to keep you updated.

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Wednesday, June 6: eRx Incentive Program – Web Seminar

For the first session in a three-part series of web seminars on Medicare Incentive Programs, you will receive an overview of the eRx incentive payment program for eligible professionals (EPs) who successfully use an eRx qualified system to prescribe.

eRx Incentive Program
Wednesday, June 6, 2012
2:00-3:00 PM EDT
Registration
Complimentary Registration for ASCRS/ASOA Members

Learning Objectives:

  • How to get an eRx Incentive Payment In 2012 and 2013
  • How to Avoid Payment Reductions in 2013 and 2014
  • Payment Reduction Exemptions
  • Reporting Mechanisms
  • eRx System Requirements
  • How to Access Feedback Reports  

Speakers: Christine Estella, CMS, Ryan Stanton, Outcome

Registration
ASCRS/ASOA Members - Complimentary Registration
Nonmembers - $199.00
All attendees must register at least 24 hours in advance of each web seminar.

Questions: asoa@asoa.org

Credits: Earn 1.00 COE credits by attending this seminar. 

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ASCRS and ASOA Web Seminar Series on Medicare Incentive Programs: eRx, EHR, PQRS

The three-part series on Medicare Incentive Programs presents an overview of the CMS EHR Meaningful Use Incentive, e-Prescribing, and PQRS programs, including details on how eligible professionals (EPs) can maximize bonus payments and avoid penalties now and in the future. Please visit the ASCRS/ASOA website for additional information on the seminar learning objectives, speakers, and speaker bios.

eRx Incentive Program 
Wednesday, June 6, 2012

2:00-3:00 PM EDT
Registration

PQRS Incentive Program
Wednesday, June 20, 2012

2:00-3:00 PM EDT
Registration - Coming Soon

EHR Meaningful Use Incentive Program
Date  –  TBD
2:00-3:00 PM EDT
Registration – Coming Soon

Registration:  All attendees must register at least 24 hours in advance of the web seminar.

ASOA and ASCRS Members–Complimentary Registration

Nonmembers–$199.00

All attendees must register at least 24 hours in advance of each web seminar.

Questions: asoa@asoa.org

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ASCRS, in Conjunction with the Alliance of Specialty Medicine, Requests More Time on Dual-Eligibles Demonstration

ASCRS, in conjunction with the Alliance of Specialty Medicine, sent a letter to the Centers for Medicare and Medicaid Services (CMS) requesting a one-year delay on the implementation of a demonstration project for dual-eligible patients, who are eligible for both Medicare and Medicaid. These patients tend to be the sickest, most frail patients in the Medicare program. The initiative, which was funded by the healthcare reform law, aims to streamline care and eliminate duplication of services for these patients.  The program would give 15 states up to $1 million to create pilot programs with the goal of increasing the efficiency of that care and is expected to move a million or more of the dual-eligible population into managed care plans.  States and policy analysts are strongly supporting the demonstration.

The Alliance letter expresses concern that access to specialty care will be disrupted because of the potential problems with the demonstration.  The Alliance objects to features of the program expected to result in states automatically enrolling these patients in managed care plans with the ability to opt out after the fact. The letter goes on to say that this “passive enrollment” will lead to a disruption in specialty care.   

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Important eRx Incentive Program Reminder—June 30 Deadline to Avoid 1.5% Penalty in 2013

As we have reported, eligible professionals (EPs) who do not successfully use eRx for Medicare will see their payments reduced incrementally by up to 2% annually by 2014.  To avoid patient reductions, all EPs participating in the Medicare program must report the ePrescribing G-code, G8553, at least 10 times on Medicare claim forms within the applicable reporting periods.  Exemptions may apply to certain providers.

How to Avoid the -1.5% Payment Reduction in 2013

To avoid the -1.5% payment reduction on total estimated Medicare Part B allowed charges in 2013, you must report the electronic prescribing measures’ numerator G code (G-8553) at least 10 times for any Medicare Part B physician fee schedule service, using a qualified electronic prescribing system. 

  • The incentive reduction is -1.5% of your total estimated Medicare Part B allowed charges.
  • The reporting period for the 2013 payment reduction is 6 months, January 1, 2012 through June 30, 2012. *** Deadline –
    June 30 ***
  • There is one reporting mechanism: claims. 

Payment Reduction Exemptions – the 2013 and 2014 Reductions Will Not Apply If:

  • The EP is a successful electronic prescriber
  • The EP is not a physician, nurse practitioner, or physician assistant as of June 30, 2012 for the 2013 payment adjustment, and as of June 30, 2013 for the 2014 payment adjustment.
  • Less than 10 percent of an individual EP’s Medicare Part B allowed charges for the reporting period are comprised of codes in the denominator for the eRx measure.
  • The EP does not have at least 100 cases (100 claims for patient services) containing an encounter code that falls within the denominator of the eRx measure for dates of services during the six-month 2013 payment adjustment period (January 1, 2012–June 30, 2012) and the six-month 2014 payment adjustment period (January 1, 2013 – June 30, 2013). 

Process for Submitting Significant Hardship Exemptions – Individual EPs and Group Practices

To request a significant hardship exemption, the EP or group practice must provide all necessary information to CMS by June 30, 2012 for the 2013 payment adjustment and June 30, 2013 for the 2014 payment adjustment.  EPs may submit requests for a significant hardship exemption through CMS’ Communications Support Page.

Significant hardship exemption categories include the following:

  • The EP or group practice practices in a rural area with limited high speed internet access.
  • The EP or group practice practices in an area with limited available pharmacies for eRx.
  • Inability to electronically prescribe due to local, state, or federal law or regulation.
  • EPs who prescribe fewer than 100 prescriptions during a six-month payment adjustment reporting period.

*It is important to note that the group practice option is only for EPs who participate in the Physician Quality Reporting System group reporting program.

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National Provider Call: Medicare & Medicaid EHR Incentive Programs; Registration and Attestation for Eligible Professionals – Thursday, June 7; 1:30-3:00 PM EDT

CMS will hold a national provider call on Thursday, June 7; 1:30-3:00 PM EDT to discuss EHR incentive program basics for eligible professionals. Learn what steps you must take to receive an incentive payment, how to register, reassigning incentive payments, and how to get help.

Agenda:

  • Path to Payment
  • Highlights of Registration and Attestation Processes
  • Third Party Proxy
  • Troubleshooting
  • Helpful Resources
  • Question and Answers

Registration information will be provided soon on the CMS Upcoming National Provider Calls webpage.

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Make Your 2012 eyePAC Contribution Today

On May 22, all ASCRS members who have not contributed to eyePAC in 2012 were asked to make their annual contribution. You can make your contribution online at the ASCRS web site by going to Government Relations and clicking on eyePAC in the drop-down box or clicking here to download a contribution form to fax back. Thank you in advance for making a contribution. If you have questions, please contact ASCRS PAC/Grassroots Specialist Gerrie Gray-Benedi at 703-591-2220 or by email at gbenedi@ascrs.org.

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To find out more about the articles in this communication or to read more about legislative and regulatory issues that affect you and your practice, visit the ASCRS and ASOA websites. You can also visit http://www.specialtydocs.org/, the web site of the Alliance of Specialty Medicine.

© 2012 ASCRS/ASOA

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