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ASA NEWSLETTER
 
 
December 2000
Volume 64
Number 12
   
2001 Medicare Payment Rates Will Decrease

Karen Bierstein


The national average conversion factor (CF) for anesthesia services will decrease from $17.77 to $17.26 on January 1, 2001. The new number is 2 cents higher than the 1999 national average. The 2001 CF for your geographic area appears in this table.

The cause of this unwelcome development is, in two words, practice expenses. We have known for several years and have reported to you that we were likely to see a drop in the CF resulting from a change in allowed practice expenses; but until now, the Medicare inflation update has more than offset the practice expense (PE) cuts. Next year the third of the four years of transition to the new PE values that will not be the case.

Beginning in 1995, the Health Care Financing Administration (HCFA) conducted numerous studies to try to move the practice expense component of the Medicare Fee Schedule from a charge basis to a resource cost basis. A key element in the estimation of resource costs for anesthesiology was the expense of clinical staff employed by the physicians rather than the hospital. HCFA was always skeptical of the high numbers assigned to this expense by a physician focus group but turned its attention to some of the many other problems afflicting the practice expense exercise until 1999. In July 1999, HCFA announced its intention to disregard the focus group numbers and projected an 8-percent decrease in anesthesia payments over the next three years. Because of the inflation updates, which were not factored into the HCFA projection, this will appear as an average cut of 3 percent. If you would like a more detailed explanation, please refer to the Washington Report in the October and December 1999 issues of the NEWSLETTER.

One reason why the decrease is this large is that HCFA admits to having miscalculated the practice expense adjustment for 2000. The cut should have been larger; according to their explanation and the national average, CF should have been $17.58 not $17.77. If HCFA had used the lower amount in 2000, the 2001 CF would have been $17.44. The Committee on Economics is examining all available data and computations closely now that we know, and HCFA knows, that mistakes can be made.

Many ASA members have participated in one or more of the major PE surveys we have been conducting since 1996. The purpose of these surveys was to determine what anesthesiologists' practice costs really are and to persuade HCFA that the real costs should be taken into account. The most recent survey, fielded early this year, sought to determine the extent of use of physician-employed clinical staff (excluding nurse anesthetists, whom HCFA considers a revenue rather than cost center). Although that use is growing, it is not yet typical, the standard set by HCFA.

…until now, the Medicare inflation update has more than offset the practice expense (PE) cuts. Next year the third of the four years of transition to the new PE values that will not be the case.

You may also be aware of the litigation that ASA instituted in federal court on December 30, 1999, which was supported by the American Academy of Ophthalmology, the American Society of Cataract and Refractive Surgery and the American Association of Neurological Surgeons. (These specialties have been affected even more dramatically than anesthesiology. The neurosurgery reductions have meant significant changes in practice expense payments for the pain management services performed by anesthesiologists as well.) In that lawsuit, we argued that the Balanced Budget Act of 1997 (BBA) required HCFA to recognize actual and not merely typical costs. See the Washington Report in the February 2000 issue of the NEWSLETTER for further details. The lawsuit was ultimately dismissed on jurisdictional grounds.

The third prong of ASA's attack has been the quest for legislation that would place a halt, or at least a moratorium, on the last two years of the transition to the new, final PE values. We continue to participate in a coalition of the specialty societies mentioned above and several others, including cardiology, thoracic surgery and gastroenterology. Together we have sought to convince key members of Congress that it is impossible to determine with any accuracy the actual resource costs of every procedure or service performed by physicians and that it is time to abandon the effort. The issue, of course, has been money. Although there is widespread agreement on Capitol Hill that the BBA created unintended reductions in Medicare provider payments and that a figure in the $20 billion range represents the appropriate give back Congress has been unable to agree on a budget bill as of the time of this writing. It is not certain if we will ultimately obtain a reversal of any of the practice expense cuts through the legislative option, but we will certainly keep trying.



    Karin Bierstein joined the ASA Washington Office in 1994. She holds a J.D. degree from Cornell University and a master's degree in public health from Harvard University. She is currently Assistant Director of Governmental Affairs (Regulatory).


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The views expressed herein are those of the authors and do not necessarily represent or reflect the views, policies or actions of the American Society of Anesthesiologists.

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