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August 2007
Volume 71
Number 8

Washington Report

Urgent Call for Comment Letters to CMS (Medicare): Significant Anesthesia Conversion Factor Increase Hangs in Balance

Ronald Szabat, J.D., LL.M.
Executive Vice-President – External Affairs and General Counsel



ight now, ASA has the best opportunity in more than a decade to send a strong message to the Centers for Medicare & Medicaid Services (CMS) in support of a significant increase in Medicare payments for anesthesia services. But this increase will not happen without strong action by all ASA members!

Earlier this year, Medicare’s Relative Value Update Committee (RUC) submitted a well-developed, econometrically based recommendation to CMS to boost the anesthesia conversion factor. This model, developed by ASA, calculated a 32-percent work undervaluation, which, if now corrected, would result in an increase of more than $3 per unit.

ASA has spent years fighting for a correction to Medicare’s anesthesia conversion factor. And we owe a great debt of gratitude to our group of ASA volunteer physician members, together with staff, who developed a method of proving that this undervaluation of anesthesia work was sufficiently compelling to convince the RUC to make this recommendation to CMS. In its July 2 proposed rule, CMS proposed to accept the RUC recommendation.

But, dear members, this payment increase is not certain unless ASA members voice strong support and act now. In short, it is imperative that we send a very strong message to CMS with individual comment letters supporting the positive payment update. If you do not take this simple action, we risk squandering a major opportunity to increase the Medicare anesthesia conversion factor.

Please follow these simple steps to submit a letter to CMS electronically as soon as possible before the 60-day comment period closes on August 31:

• Go to www.cms.hhs.gov/eRulemaking.

• Click “Submit Electronic Comments on CMS Regulations With an Open Comment Period.”

• Choose Docket ID CMS-1385-P and follow prompts to submit comments.

• Copy the text from the sample letter available at www.ASAhq.org. Paste the letter into the CMS comment site under “General Comment.”

Feel free to customize with personal information or data.

Then, please tell your colleagues, partners, administrators, practice managers, residents and medical students that we need their help, too. This must be a joint effort with “all hands on deck,” so please encourage others to take this important action, just as ASA President Mark J. Lema, M.D., Ph.D., has invited the American Academy of Anesthesiologist Assistants and the American Association of Nurse Anesthetists to join in this campaign.

Finally, please let ASA know that you have done your part. We are committed to generating thousands of comment letters, and we need your help tracking the number of letters sent to CMS. Specifically we would like to acknowledge our state component societies whose members respond in large number to this important call to action. Once you send a comment letter to CMS, please email it to mail@ASAwash.org with your state listed in the subject line.

ASA is grateful that CMS, at long last, has recognized the gross undervaluation of anesthesia services and that the agency is taking steps to address this complicated issue.

When the resource-based relative value system (RBRVS) was instituted, it created a huge payment disparity for anesthesia care, mostly due to significant undervaluation of anesthesia work compared to other physician services. Today, more than a decade since the RBRVS took effect, Medicare payment for anesthesia services stands at just $16.19 per unit. This amount does not cover the cost of caring for our nation’s seniors, and it is creating an unsustainable system in which anesthesiologists are being forced away from areas with disproportionately high Medicare populations.

But again, to ensure that your patients have access to expert anesthesiology medical care, it is imperative that CMS follow through with the proposal in the Federal Register by fully and immediately implementing the anesthesia conversion factor increase as recommended by the RUC.

Kindly help ASA help you by acting today! Your comment letters to CMS can and will make a real difference!




   
Ronald Szabat, J.D., LL.M., is ASA Executive Vice-President — External Affairs and General Counsel, managing its Washington, D.C., office.

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