Status
of the CMS Teaching Rule — Defeated But Not Dead
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Mark
J. Lema, M.D., Ph.D.
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t
the eleventh hour, outgoing Chairman Bill Thomas (R-CA)
of the House Ways and Means Committee dropped ASA’s
Medicare Anesthesiology Teaching Rule reform bill
(H.R. 5246/S. 2990) from the final Medicare SGR and
tax-cut package due to intense intervention by the
American Association of Nurse Anesthetists (AANA).
Up to this point, at the Senate’s insistence,
the package had retained our desired teaching rule
fix language. While I was disappointed in the failure
of Congress to pass this much-needed payment correction,
ASA is prepared to carry our message to the new Congress
in 2007. I must congratulate the Washington Office
staff for aggressively staying on message, honestly
presenting our case and almost succeeding in our number-one
goal.
Unfortunately, four ASA presidents have been unable
to deliver our message to the AANA leadership, despite
our best efforts. Instead, AANA continues to blur
and distort the issues in an attempt to seek changes
for their own wholly separate student nurse programs.
In fact, not only have ASA’s efforts to contrast
the major differences in the training of physicians
and nurses fallen on “deaf ears” among
AANA leaders, but their Washington office persuaded
a few House members to submit a rival bill, H.R. 6148,
the day before the election recess. The AANA bill
would have further confused Medicare billing for teaching
anesthesiologists who supervise resident physicians.
In the December issue of the AANA NewBulletin,1
the AANA’s Senior Director of Federal Government
Affairs highlighted efforts to capture greater funding
for nursing programs but took unacceptable liberties
in referring to and speaking on behalf of anesthesiology.
ASA’s leadership was not given the opportunity
to either preview or comment on his misleading report.
The AANA staffer erroneously compares physician resident
training that is heavily regulated and capped by CMS,
ACGME and the RRC with graduate nurse training regulated
only by a university’s or hospital’s desire
to expand tuition-generating slots and their ability
to secure clinical training sites with CRNA faculty.
He reports that their bill “… extends
needed relief to nurse anesthesia education…”.
I have repeatedly explained to AANA leadership that
physician anesthesiology residency programs must be
compared with similar programs in surgery and medicine
which allow for 2:1 supervision ratios or greater
within the CMS structure. Moreover, I have explained
that from 1994 to 2005, resident training programs
have suffered both a 20-percent reduction in sites
(from 162 down to 130) and in graduating residents
(from 1,793 down to 1,390). In that same time period,
nurse anesthesia programs have doubled their student
nurse graduation rate (990 in 1994, surging to 1,870
in 2004) and are at the 2,000+ graduation rate today
– hardly an indication that the alleged restriction
on student nurse supervision payment has been an impediment
to expanding the number of nurse trainees!
“
… AANA continues to blur and distort the issues
in an attempt to seek changes for their own wholly
separate student nurse programs.”
More disinformation is spread when the AANA’s
lobbyist suggests that a unilateral increase in the
payment for physician resident supervision “…
would only encourage clinical education of residents
and discourage clinical education of [student] nurse
anesthetists.” In this matter, I am sure that
the AANA’s lobbyists are astute enough to know
that 1) according to a SAAC/AAPD survey, few if any
co-existing physician and nurse training programs
co-mingle the trainees so that there is no competition
for cases, 2) the de facto doubling of the
number of student nurse graduates over the past decade
argues against his suggestion, and 3) CMS has capped
the total number of national resident training slots
since 1997 making it impossible for anesthesiology
residency program directors to replace student nurse
slots with resident positions EVEN if they wished
to do so.
Finally, the AANA staffer reports anecdotally that
“One anesthesiologist estimated the benefit
of H.R. 6184 (the AANA bill) over resident-only measures
at several hundred thousand dollars annually for his
program alone.” In this statement lies the true
purpose for the AANA advancing this bill. It is far
more likely that hospital CEOs and independent practice
CRNA groups will reap the windfall profits from any
such nurse-led adjustment, independent of most physician
anesthesiologist oversight. Moreover, we have demonstrated
that ASA’s teaching rule correction will keep
our anesthesiology teaching programs and research
activities from folding — the same programs
highlighted in the 1999 Institute of Medicine monograph
citing anesthesiology’s exemplary safety record
— and is not purely for financial gain.
Overall, our anesthesiology faculties are 1) under
pressure to train some of the best medical school
graduates going into anesthesiology at half the cost
of supervising nurse anesthetists and 2) suffering
from diminishing numbers of training sites and yearly
graduates. During this same time, nurse anesthesia
programs have expanded and doubled their yearly graduate
numbers.
So, what might be the AANA’s real strategy?
From where I sit, it might be an attempt to kick us
when we’re vulnerable by hurting our academic
programs while alleging that they’re in trouble
as well. I also believe that by lumping doctor training
with nurse training, they subliminally try to elevate
their education to that of a physician, purposefully
trying to mislead the public through the legislative
process. Finally, they use these legislative issues
as a smoke screen to secure windfall profits largely
for their hospital employers and independent practice
nurses. In short, this stinks!
Reference:
1. Purcell F. AANA NewsBulletin. 2006; 60(12):
22-23.
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