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February 2007
Volume 71
Number 2

Washington Report

Turning Anger Into Action

Ronald Szabat, J.D., L.L.M., Director
Governmental and Legal Affairs



lot of upset and anger has followed quickly on the heels of the rebuff physicians took from the last Congress in late December 2006. This anger, bordering on outrage in a few instances, has many different roots, but it is palpable in some conversations with rank-and-file membership.

First, all Medicare physicians, including anesthesiologists, are now facing new cuts of approximately 10 percent in 2008 due to the deliberate short-funding, or patch, of last year’s sustainable growth rate (SGR) cuts. As is now widely known, some departing congressional Republicans were more interested in enacting one last $38-billion tax cut for big business interests and far less interested in setting Medicare physician payment on a sound footing. By their actions, they allocated only $3 billion toward the $12 billion needed to avert the Medicare SGR cut for 2007, meaning that the money hunt will be worse for 2008 and beyond. The old analogy about digging yourself out of a far deeper hole applies. Maddening indeed!

Many hospital-based physicians, particularly anesthesiologists, also are justifiably upset about Medicare five-year review and practice expense changes that are regulatory in nature but have reduced immediate Medicare receipts by about 8.9 percent for 2007, with smaller related cuts expected over the next couple of years unless our efforts stop them. ASA is on the case with the American Medical Association and others who are crunching numbers for a new and fairer practice expense survey, but that will take time. The clenched teeth continue!

Additionally physicians also feel betrayed that the faith they keep with federal and state governments to treat the elderly, disabled, poor and uninsured on a daily basis is rarely acknowledged or praised but is instead taken for granted more and more each year. Is anyone in government listening?

So what’s a frustrated anesthesiologist to do? Well, the short answer does not lie in deciding to throw in the towel and give up. After all, are physicians quitters? Do you walk away when the going gets tough? Do you abandon patients in medical distress? Of course the answers are “no, no and never.” So, too, it must be the case when it comes to fighting for better treatment from Congress and the Administration. Because if we give up, that’s just what those fighting against us and not supporting us want!

At the same time, here’s a snapshot of our reality:

1) Anesthesiology’s Medicare payment problems go back to 1992 and the advent of the Resource-Based Relative Value Scale when our initial conversion factor was set unacceptably low. ASA has worked constructively for the past decade-plus to right this wrong, and Medicare anesthesia payment would be far, far lower without the unrelenting and successful ASA efforts to correct the errors that came with the new Medicare payment system. Still, the battle goes on, and the situation will not be turned around over night.

2) All of medicine is under siege from Medicare just as the Balanced Budget Act of 1997 and the evil and regressive SGR formula intended. As I hope you read in last month’s column, even the Secretary of Health and Human Services is willing to blame physicians for this problem, as if they were driving the demand for Medicare services. (You have sent him a message that he is wrong, right?).

3) ASA has a legislative and regulatory strategy for relief, with enhanced resources being put into place, but it will involve everyone working together with the new Democrat congressional majority and keeping intense pressure on the Bush Administration to ensure that our message is heard.

This is the reality of the situation, plain and simple. Still angry? Perhaps. But dedicated to action and taking your message to Congress and President Bush? I sincerely hope so! There is a new order on Capitol Hill and a real chance for bipartisan cooperation, and all ASA members need to be making new friends and cementing old relationships with politicians of all stripes!

As Congress gears up and our issues are reframed to win, every ASA member must do his or her part to help us succeed. Please watch our ASA Web site under “What’s New” for calls to action, and then please follow through! To do less is to be part of the problem. In which case, you will then have to be mad at yourself! (And we don’t want that, do we?



   
.Ronald Szabat, J.D., LL.M., is ASA Director of Governmental Affairs and General Counsel, managing its Washington, D.C., office.

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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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