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CMS: Centers for Medicare and Medicaid Services

CMS Announces Therapy Cap Exemption Procedures

Exceptions Process:    CMS has established an exceptions process for the therapy caps that is effective retroactively to January 1, 2006.  Providers, whose claims have already been denied because of the caps, should contact their carrier to request that the claim be reopened and reviewed to determine if the beneficiary would have qualified for the exception.  In addition, providers who have not yet submitted claims for services on or after January 1, 2006 that qualify for the exception, should submit these claims for payment, and refund to the beneficiary any private payments collected because of the cap.

The exceptions process allows for two types of exceptions to caps for medically necessary services:  

  • Automatic Exceptions.   Automatic exceptions for certain conditions or complexities are allowed without a written request.  A request to the contractor for an exception is not required when services related to these conditions and complexities are appropriately provided and documented.  We anticipate that the majority of beneficiaries who require services in excess of the caps will qualify for automatic exceptions.
  • Manual Exceptions.    Manual exceptions require submission of a written request by the beneficiary or provider and medical review by the contractor responsible for processing the claims.  If the patient does not have a condition or complexity that allows automatic exception, but is believed to require medically necessary services exceeding the caps--the provider/supplier or beneficiary may fax a letter requesting up to 15 treatment days of service beyond the cap.  A treatment day is a day on which one or more services are provided.  The request must include certain documentation, including a justification for the request.  Contractors will make a decision on the number of treatment days they determine are medically necessary within 10 business days.  These requests for cap exceptions should be submitted prior to the date the cap is expected to be surpassed to avoid placing the beneficiary at risk of incurring the costs of treatment if the request is denied.

For more information regarding automatic and manual exceptions, please refer to the CMS fact sheet which can be found here:http://www.cms.hhs.gov/apps/media/press/release.asp?Counter=178

FY 2007 Budget Calls for $36 Billion in Medicare, $12 billion in Medicaid Savings

In his fiscal year 2007 budget proposal, President Bush Feb. 6 asked Congress to implement legislative changes which would produce $35.9 billion in Medicare savings over five years.

In addition, the Bush administration's FY 2007 budget blueprint requests that Congress take additional steps to reduce federal Medicaid spending. The president's budget proposes legislative changes in Medicaid that would reduce federal Medicaid funding by a net of $1.5 billion over five years and $5.1 billion over 10 years, the nongovernmental Center for Budget and Policy Priorities said in its analysis of the FY 2007 budget proposal. Proposed Medicaid regulatory changes would reduce federal funding by an additional $12.3 billion over five years, according to the center.

The $35.9 billion in proposed Medicare savings focuses on legislative proposals to encourage efficient and appropriate payment for services and promote competition and beneficiary involvement in their health care decisions, according to the Department of Health and Human Services. Medicare savings for FY 2007 would stand at $2.5 billion.

The Medicare savings proposals would slightly slow spending, Centers for Medicare & Medicaid Services Administrator Mark B. McClellan said.

The Medicare reforms also call for limiting subsidies to high-income beneficiaries and promoting use of health savings accounts among Medicare beneficiaries.

"The President is committed to continue strengthening and modernizing Medicare but also reducing the burden of entitlement spending on future generations," Health and Human Services Secretary Michael Leavitt said in a statement. "Our budget proposes a plan that allows Medicare spending to grow at a slower rate while putting Medicare on a steady course toward financial security, higher quality and greater efficiency."

The senior Democrat on the House Budget Committee said the president's plan to reduce health care entitlement spending would hurt vulnerable Americans. "Despite recent Administration statements about providing affordable health care for Americans, this budget includes increases in Medicare premiums, cuts to Medicare and Medicaid, and a misguided plan for health savings plans that will shift more of the cost of health care onto individual consumers," Rep. John M. Spratt Jr. (D-S.C.), ranking member on the House Budget Committee said in a Feb. 6 statement.

Senate Finance Committee Chairman Charles E. Grassley (R-Iowa) said additional Medicaid and Medicare cuts could be difficult, especially since Congress just cut health care entitlement spending by $11 billion.

"Congress just finished reducing the growth of Medicare and Medicaid by $11.1 billion over the next five years, and it wasn't an easy legislative accomplishment. Any more reductions of a significant scope could be difficult this year. If Medicare reductions do end up on the table, the Medicare Advantage [managed care plan] regional stabilization fund has to be front and center," Grassley said in the statement.

Medicare, Medicaid Proposals

Among the president's Medicare legislative proposals is a request to limit subsidies to high-income Medicare beneficiaries. The FY 2007 budget proposal would build on the 2003 Medicare Prescription Drug, Improvement, and Modernization Act (MMA) provision requiring higher-income beneficiaries to pay a greater portion on their Part B premium in 2007. Individuals with income over $80,000 and couples with income over $160,000 would be affected by this provision.

The FY 2007 budget proposal would expand this MMA provision by "eliminating annual indexing of thresholds for income-related Part B premiums beginning January 1, 2008."

In addition, the FY 2007 budget proposal calls for Medicare provider payment reforms. The administration said it supports physician payment reforms such as differential updates initially for physicians that report on quality measures and later for doctors who achieve efficient and quality care.

The changes in payments are in areas where the Medicare Payment Advisory Commission and other independent expert groups have identified ways in which Medicare payments "are not right," the CMS chief said.

The Bush administration also has proposed that Congress implement a trigger to automatically cut spending if Congress fails to act on Medicare reforms, building on an MMA requirement that the Medicare trustees report include a comprehensive fiscal analysis of the program's financing and issue a warning if general revenues are projected to exceed 45 percent of the total Medicare financing.

"If the 45 percent threshold were met and Congress failed to act on recommendations to sustain Medicare's financing, then a four-tenths of one percent reduction to all Medicare payments would be implemented to slow growth, similar to a reduction in the market basket update," according to the president's proposal. "The reduction would grow by four-tenths of one percent every year that the 45 percent threshold is exceeded."

Under the 2003 Medicare law, if general revenues are projected to finance more than 45 percent of total Medicare spending for two consecutive years as reported by the Medicare trustees, the president would be required to submit a legislative proposal to Congress to cut spending. Congress then would have to consider it via a fast-track process.

Expansion

The budget also includes some Medicaid expansion proposals. The president has proposed extending Transitional Medical Assistance through Sept. 30, 2007, at a cost of $180 million in FY 2007 and $360 million over five years.

To expand Medicaid and State Children's Health Insurance Program coverage, the Bush administration requested $100 million in annual grants for states. According to the president's budget proposal, this proposal would result in an additional Medicaid spending of $203 million in FY 2007 and $2 billion from FY 2007 through FY 2011.

A Medicaid legislative savings proposal calls for amending the Medicaid drug rebate formula to "administratively simplify drug rebate calculations and allow private purchasers to negotiate lower drug prices."

Also, the budget proposed to limit Medicaid reimbursement for multiple source drugs to 150 percent of the average manufacturers' price to reduce Medicaid overpayments for prescriptions. This proposal would save $130 million in FY 2007 and $1.3 billion over five years.

Administrative Medicaid action could include making a regulatory change to provider tax policy by phasing down the allowable provider tax rate from 6 percent to 3 percent. Currently, taxes imposed on providers cannot exceed 6 percent of total revenues and must be applied uniformly across all health care providers in the same class.

Discretionary Cuts

The HHS budget includes "targeted reductions" in discretionary spending by nearly $1.5 billion in FY 2007.

"There is a tendency to assume that any reduction constitutes a lack of caring, but cutting a program does not imply an absence of compassion. Government is very good at working toward some goals, but it is less efficient at pursuing others. Our budget reflects the areas that have the highest pay-off potential," the HHS secretary said in a statement.

The FY 2007 budget proposes the elimination of the $630 million Community Services Block Grant program and a $500 million reduction in the Social Services Block Grant program. Also, the president's proposal would eliminate the $99 million Preventive Health and Health Services Block Grant program and the $33 million Indian Health Service's Urban Indian Health Program.

There is no way to demonstrate the effectiveness of such block grants, Leavitt told reporters. The HHS secretary said the governors tend to like such programs because they "tend to be highly flexible."

Hospitals

An example of Medicare's legislative proposals is a hospital pay update of market basket (inflation index) minus 0.45 percent in 2007 and minus 0.4 percent in 2008 and 2009, according to the HHS budget summary. HHS said this would achieve savings of $6.6 billion in the 2007-2011 period.

In reaction to the budget proposal, Dick Davidson, president of the American Hospital Association, said Feb. 6 that hospitals "currently face a federal payment system which continues to pay well below the cost of caring for its beneficiaries. In fact, in 2004, about 7 of every 10 hospitals lost money serving Medicare patients. Unfortunately the budget proposed by President Bush deeply cuts the essential funding hospitals need to care for our nation's seniors."

Davidson also said the Bush budget proposes cuts to Medicaid, "which often serves as the sole source through which many of the most vulnerable members of our society receive health care."

Documents detailing the White House's health care proposals in the fiscal year 2007 budget blueprint are available online at http://www.whitehouse.gov/omb/ and at http://www.hhs.gov/budget/07budget/2007BudgetInBrief.pdf.

CRS Says Medicare, Medicaid Pose Bigger Budget Strain Than Social Security

Most of the public policy debate has focused on Social Security reform, but it is Medicare and Medicaid that pose "a far larger strain on the federal budget," the Congressional Research Service said in a report released Feb. 17.

The Congressional Research Service (CRS) said in the report, Social Security and Medicare: The Economic Implications of Current Policy, that between now and 2030, Social Security spending will increase by more than 1.6 percentage points of GDP, while Medicare and Medicaid will increase by 5 percentage points under intermediate scenarios and by as much as 8 percentage points under high cost scenarios.

Moreover, CRS said that, unlike Social Security, "there are no straightforward proposals to reduce the long-term growth in Medicare and Medicaid spending." The report explained that Social Security spending is based on specific formulas that can be altered to reach a desired spending level. "Health spending, by contrast, is not currently set directly by the government. Rather, the government chooses the services it will finance, and the spending on those treatments ultimately depends on supply and demand."

Programs 'May Swamp Budgetary Resources.'

CRS cautioned that, if current patterns continue and health care spending continues to rise more rapidly than overall economic activity and Medicare and Medicaid remain unchanged, "the programs would swamp budgetary resources."

The report added that, unlike Social Security, spending on health programs cannot be controlled directly unless access is restricted or rationed.

"Assuming unprecedented tax increases of up to 17 percent of GDP are ruled out, to avoid fiscal insolvency the government must find a way to either reduce the price or quantity of elderly health care provided," the report said.

Quantity can be reduced either through restrictions on the medical treatments offered or by lowering demand, according to the report. Demand possibly could be reduced through higher costs to the recipient, but the link between price and demand always will be indirect in an insurance program since marginal costs are largely borne by the insurer, rather than the insured, CRS said.

Continually reducing prices on the supply side cannot be accomplished by routinely cutting provider payments, according to the report. "Ultimately, if payments decline and providers' costs do not, providers will stop offering those services," CRS said.

The report also said that prices could be dropped on the supply side through technological improvements or efficiency gains, but so far technological upgrades "have led to higher prices in recent years by making new (but expensive) treatments available."

"Certain modifications have been suggested that might lead to one-time efficiency gains, such as changes to the Medicare reimbursement system or the adoption of private-sector HMO administration. But it is less clear that these modifications could lead to the continuous efficiency gains required to hold cost growth down," CRS said.

Marc Labonte of CRS authored the report, which is dated Jan. 24.

CMS Implements Coding Changes

January 10, 2006

CMS Made revisions to Chapter 2, "The Certification Process," Appendix E--"Providers of Outpatient Physical Therapy or Outpatient Speech Language Pathology (OPT/OSP) Services," and Appendix K-- "Comprehensive Outpatient Rehabilitation Facilities."

Click HERE to view the coding updates.

OSHA: Occupational Safety and Health Administration

OSHA Offers Hospital E-Tool to Address Common Safety and Health Topics of Physical Therapists

OSHA, the Occupational Safety & Health Administration has come out with a web page offering the opportunity to take a virtual reality tour of a physical therapy exam room. It explores common safety hazards as well as important health topics including blood borne pathogens, ergonomics, slips/falls, hazardous chemicals, equipment hazards and Legionnaires’ disease, to better equip all therapist in the design and maintenance of their offices. To view this e-tool, click HERE.

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