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ASA NEWSLETTER
 
 
April 2003
Volume 67
Number 4

Practice Management


2003 Medicare Anesthesia Conversion Factor Is $17.05


Karin Bierstein, J.D.
Assistant Director of Governmental Affairs (Regulatory)



Medicare payments for anesthesia and other services, including pain medicine and critical care, will increase, not decrease, after all. Effective March 1, 2003, the national average anesthesia conversion factor is $17.05, and the general conversion factor is $36.79. The actual anesthesia conversion factor varies among the 80-plus Medicare payment localities. The highest is $19.96, in Manhattan, and the lowest is Puerto Rico’s $13.88, a 30-percent difference. The lowest conversion factor in the continental United States is $15.16 for South Dakota. Table 1 provides the complete list of geographically adjusted anesthesia conversion factors.

Michael Scott’s “Washington Report” column in the NEWSLETTER and numerous blast e-mails to the ASA membership have described the successful efforts of organized medicine and key players in Congress to bring about this dramatic cancellation of the 4.4-percent cut announced in the Physician Fee Schedule Rule on December 31, 2002. The Consolidated Appropriations Resolution that eliminated the decrease also authorized the Centers for Medicare & Medicaid Services (CMS) to correct problems in the formula for calculating the annual fee schedule update, resulting in a 1.6-percent increase. As CMS put it in a fact sheet accompanying the publication of the new conversion factors:

"In developing the final rule, CMS did everything it could under existing law to reduce the potential effect of these payment reductions on physicians. However, the statutory formula allows little flexibility. One refinement to the fee schedule methodology had the effect of benefiting physicians — changing the measure of productivity in Medicare Economic Index (MEI), a factor in determining the sustainable growth rate (SGR).

“CMS believed that the 2003 update would be more accurate if CMS had the legal authority to revisit the SGRs for 1998 and 1999, in light of actual data rather than projections. These revised SGRs would not be given retroactive effect but would be used in calculating the 2003 update. CMS estimated that the resulting update would be a positive 1.6 percent.”

The fact sheet is a manifestation of CMS’ recent efforts to make its Web site <www.cms.hhs.gov/> an easier place to locate information. The Web site is worth a visit if you are seeking copies of sections of the Medicare Carrier Manual, recent Program Memoranda sent to the carriers, statistics from the huge database of claims or other Medicare information.

As we see it, CMS has less reason to be proud of its decision regarding the undervaluation of the “physician work” component of anesthesia services. The “Practice Management” column in the February 2003 NEWSLETTER discussed the agency’s proposal to increase anesthesia work by just 2.10 percent despite receipt of data approved by the American Medical Association/Specialty Society Relative Value Update Committee (RUC) showing that a 13.57-percent increase would have been more appropriate. ASA filed a formal protest and request for reconsideration with CMS on March 3, 2003.



How Medicare Will Pay for Services Provided in January and February


The conversion factors for anesthesia and other services provided in January and February 2003 are $16.60 and $36.20, respectively (unchanged from 2002). January and February claims received by the carriers after March 1 will be paid incorrectly at the higher 2003 rates since the carriers cannot maintain two separate fee schedules on their systems. This means that the carriers will be seeking refunds from physicians starting in July, when CMS will issue software allowing them to identify overpayment amounts. Anesthesia and pain medicine practices that submitted high volumes of claims for services provided during the first two months in late February or early March may need to plan to have the repayment funds available.

Some carriers may have been holding claims because of the uncertainty, both about the payment amount and about Current Procedural Terminology™ (CPT) codes that were deleted or added in 2003. Code changes only became effective for Medicare purposes on March 1. All carriers are required to start processing 2003 claims no later than March 10.



You May Change Your Participation Status Up to April 14

If you decided whether or not to be a participating physician this year in anticipation of Medicare payment cuts, you may change your mind and submit a new participation agreement to your carrier by April 14, 2003. The effective date of any such new agreement will be March 1.

The following information appears in CMS’ Questions & Answers section on the 2003 payment update:
“Q. If a physician decides not to participate by April 14, but has been paid as a participating physician prior to that decision, will CMS seek to recoup overpayments? And may the physician bill the beneficiary retroactively up to the limiting charge?"
“A. A participation agreement filed by April 14, 2003 will be effective March 1, 2003. If a physician changes his/her enrollment status after he/she submits March and early April claims, he/she will need to contact his/her carrier to request a payment adjustment for those March and April claims processed using the pre-March 1 enrollment status. Carriers will follow the standard procedures in the Medicare Carriers Manual for the collection of overpayments from providers and beneficiaries, as appropriate.”
While a 2.7-percent increase is far preferable to a 3.43-percent decrease in the anesthesia conversion factor, and a 1.6-percent increase is better than a 4.4-percent decrease in the general conversion factor, let us hope that the process of determining the 2004 Medicare update will entail fewer administrative complexities.



Source Materials:
• CMS’ Fact Sheet on the 2003 Medicare Conversion Factors: <www.cms.hhs.gov/media/press/release.asp?Counter=712>
• CMS’ Q&A Document: <www.cms.hhs.gov/media/press/release.asp?Counter=712>
• Program Memorandum instructing the carriers on implementation: <www.cms.hhs.gov/manuals/pm_trans/ab03027.pdf>



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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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