ASA has learned that the Centers for Medicare & Medicaid Services’ (CMS) Calendar Year (CY) 2013 Medicare Physician Fee Schedule proposed rule, which includes the controversial section regarding payment to nurse anesthetists for chronic pain services, has been sent to the Office of Management and Budget (OMB) for review. The rule is scheduled to be issued as a final rule with comment period. This means that, while most of the rule will be effectuated on a final basis (as of 1/1/13), certain provisions of the otherwise final regulation will be subject to further comment from the public, though it is unclear whether the chronic pain proposal will be one of those provisions subject to additional comment.
Following the OMB review, ASA expects the final rule with comment to be promulgated on or around November 1. ASA will continue to closely monitor this situation and evaluate the need for additional action upon publication of the final rule.