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The House Busts The Budget By Passing a "Doc Fix"

By Ken Terry | Nov 20, 2009

Sliding in under the radar, the House has followed up its passage of health reform legislation by passing another bill that would restore nearly $200 billion in projected Medicare payment cuts to physicians over 10 years. The Senate recently defeated a similar proposal, and it’s doubtful that the upper chamber will reverse itself, especially in the midst of a fierce battle over healthcare reform. Yet it is still appalling that, after claiming its reform bill was revenue-neutral (which it wasn’t, even before this), the House would slip in this budget-busting bribe of physicians to maintain their support for reform.

H.R. 3961, which passed the House Nov. 19 by a vote of 243-183, would repeal the “sustainable growth rate” (SGR) formula that threatened to cut Medicare payments to physicians by 21 percent next year and more later on. The reason for the payment reductions is this: A number of years ago, the SGR was adopted in an effort to contain Medicare spending by cutting physician fees when their volume of services rose. But when the time came to actually make the cuts, Congress balked; in fact, it balked for several years, each time giving doctors a small pay hike. But the original legislation remained in place, resulting in the 21 percent cut for 2010.

The new legislation would repeal the SGR law. In its place, the House would base Medicare payments to physicians in 2010 on a formula that takes into account their costs for producing services. As a result, they would receive a 1.2 percent increase. In 2011 and subsequent years, Medicare would base its computation of the cumulative increase in volume on the 2009 spending level; starting in 2014, it would use the level for the previous five years. Moreover, only payments for services provided by physicians, and not those provided incident to physician services, such as lab tests, would be limited by this new SGR formula. There would be only two categories of spending targets and conversion factor updates; the first would be for evaluation and management services and preventive care, and the second would be for all other services.

According to the Congressional Budget Office (CB0), the bill would increase the fees that Medicare pays to physicians by about $195 billion over the next decade. It would also result in higher spending for the Medicare Advantage program and the Department of Defense’s TRICARE program, totaling about $64 billion. By law, Part B Medicare recipients have to pay 25 percent of physician payment increases in the form of higher premiums. From 2011-2019, the additional premiums would cost seniors about $49 billion, the CBO says. After subtracting that from the additional costs of the program described in the House bill, it would cost the government about $210 billion.

Both the AMA and the Medical Group Management Association lauded the repeal of the old SGR formula, saying it was the first step toward preventing draconian pay cuts to physicians. Interestingly, however, neither statement mentioned the dollar figure involved. The downplaying of this consequential bill’s passage seems calculated to avoid drawing attention to its implications for the cost of health reform. Yet as I’ve pointed out before, the extra payments to physicians must be considered in the context of reform, just as the costs that would be borne by hospitals, pharmaceutical firms, and device makers are. One could also argue that if other industry sectors are willing to give up something in return for increased business from newly insured patients, physicians should also accept some cutbacks.

This is not an issue that the Democrats guiding the Senate reform legislation wish to face, but they must if they are to provide an honest accounting to the public. Better to deal with it now than have it blow up in their faces later.

Ken Terry, a former senior editor at Medical Economics Magazine, is the author of the book Rx For Health Care Reform. follow all BNET Healthcare posts on Twitter.

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  •  
    1

    m.s.f.

    11/20/09 | Report as spam

    RE: The House Busts The Budget By Passing a

    Thank you, Mr. Terry for pointing this out. happy

  •  
    2

    angrybear

    11/22/09 | Report as spam

    RE: The House Busts The Budget By Passing a

    Physician payments by Medicare constitute about 10% of total Medicare expenditures. The vast majority goes to hospitals and Big Pharma. Even as MD income has stagnated (and been threatened every year), Medicare payments to hospitals continue to go up because they are tied to the Medicare Economic Index (MEI). This bill would seek the same for physicians.

    You conveniently fail to mention any of this in your article.

    Never mind the fact that the government managed to find nearly $800 billion for Wall Street in a manner of weeks to bail out a bunch of thieves. Yet, physicians are the villains? You really amaze me.

    And yes, I am a physician.

  •  
    3

    Ken Terry

    11/23/09 | Report as spam

    RE: The House Busts The Budget By Passing a

    AngryBear, I am not saying that physicians are villains or that they make too much. What I'm pointing out is that Congress cannot separate the cost of fixing the flawed Medicare payment formula from the cost of fixing healthcare. If Medicare payments to hospitals are included in the overall calculation of the costs for expanding coverage, so should the $210 billion it will cost to make physicians whole under the House bill.

  •  
    4

    verycold

    11/23/09 | Report as spam

    RE: The House Busts The Budget By Passing a

    Sometimes it is easy to agree with both. Ken in his last statement is using just fair, sound, logical thinking. Angrybear is on high alert because OUR president has said some extremely negative things about physicians implying the ONLY reason they are doctors is to get rich. So doctors like many other professionals have been portrayed as villains by our WH and feel the need to defend themselves.

    That being said, the democrats have proven that cost containment of our health care system was never the objective. If it was they would want to know and report every single possible expense to the CBO to reflect how best to proceed with this reform. I can't quibble with this increase to doctors unless I was privy to the "real" numbers, but I can point out it was a backroom pay-off to the AMA. If they endorsed Obamacare they would get their billions. It was the same sort of pay-off to AARP to endorse this sham of a bill by guaranteeing that AARP would reap huge benefits when they were able to sell MedGap policies.

    This WH like all others used political rhetoric to get elected, but when in power resorted to the same closed room tactics and the usual shell game.

    We are all losers in the end when dishonesty prevails.

  •  
    5

    dkberry

    11/23/09 | Report as spam

    RE: The House Busts The Budget By Passing a

    So if the reimbursement rate will actually go up slightly (if the House bill were ever to be passed by the Senate)... then the next government tactic would be to limit the number of procedures or tests authorized to be performed within approved coverage.

    Guidance from USPSTF (breast cancer screening) and ACOG (cervical cancer screening) are first examples of how that type of guidance would be released publicly.

    No doubt the WH sent Secretary Sebelius out front to 'wave off' the USPSTF breast cancer screening guidance due to the poor timing of that release while Senator Reid was trying to get his Senate bill accepted for debate.

    Fact that she did not dispute the ACOG cervical cancer guidance ... and recognition that USPSTF has cervical cancer on its list should be considered to be of considerable interest by the electorate.

    http://www.ahrq.gov/clinic/uspstf/topicsprog.htm

    (Responding to the furry over USPSTF's guidance some have stated that members of the USPSTF were appointed by the Bush Administration. Actually, appointment and current direction to assess breast cancer screening guidelines was by the current administration's DHHS' Agency for Healthcare Research and Quality).

    Busted.

  •  
    6

    dkberry

    11/23/09 | Report as spam

    RE: The House Busts The Budget By Passing a

    Ken... Your:

    "...Congress cannot separate the cost of fixing the flawed Medicare payment formula from the cost of fixing healthcare. If Medicare payments to hospitals are included in the overall calculation of the costs for expanding coverage, so should the $210 billion it will cost to make physicians whole under the House bill".

    Exactly! Those opposing the House bill have inserted this cost on top of the House's approx $900billion cost estimate... but don't believe its included in the Senate's cost estimate.

    Without SGR (if the bill passes) how would Congress make health care budget neutral?

    Another component might be as we learned last week that the WH would issue an Executive Order attacking Medicare and Medicaid fraud estimated as $54.2 billion in FY2009. Once that $54.2 billion is saved it doesn't repeat into the next year if processes improve. Can't claim $54.2 billion a year for 10 years to get the half a trillion needed to come from Medicare. In any case ... since the $54.2 billion included claims paid with illegible signatures and insufficient documentation ... once those claims are correctly documented/validated... the amount the administration can claim as savings comes down.

    This leaves reduction in services as the only way to balance the budget and keep health care reform revenue neutral. Hence ... seniors are on alert.

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