Dear Colleagues,
President-Elect Steven Lloyd and I have just returned from the Medical Association of the State of Alabama (MASA) Governmental Affairs Conference. This is an annual event much like the ACC Legislative Conference but this conference deals with issues relevant to all areas of medicine rather than the practice of cardiology alone. The conference allowed the attendees a day of advocacy education followed by time on Capitol Hill where we as a group met with both our Senators and individually with our respective Congressmen. The event began with a President’s Council Meeting where all the society presidents were able to interact and our MASA lobbyists brought us up to speed on the issues relevant to the practice of medicine currently before the state legislature. Fortunately, there are no specific issues directly relative to the practice of cardiology being addressed by the Alabama legislature at this time. The two major issues of concern overall for the practice of medicine in Alabama currently relate to the scope of practice for physical therapists and the generation of unintended consequences for our obstetrical colleagues due to the recent passage of abortion laws. The latter issue deals with the fact that even an emergent life saving procedure for an ectopic pregnancy is labeled an “abortion” under the current Alabama law and has to be reported as such.
There are several national issues with pending bills that were discussed during our day of education and then brought to the attention of our Senators and Congressmen. I will discuss them separately:
1. SGR – this of course was the number one priority. The latest “patch” will end later this month and will result in a 27% cut in reimbursement if not addressed by Congress. The overall impression Dr. Lloyd and I received is that the SGR will be “patched” again but the new “patch” will be effective only through the end of this year. The consensus is that little of major consequence will be done this year due to the fact that it is an election year. Congress will continue to “kick this can down the road” for the foreseeable future.
2. Medicare Empowerment Act – this is addressed by H.R. 1700 and S.B. 1042. The crux of this issue is that the bills would allow Medicare patients and their physician to enter into private contracts without penalty. This would enable the physician to bill over and above what Medicare allows – a concept which currently is illegal. The passage of one of these bills into law would immediately increase the number of physicians who will continue to accept Medicare and preserve Medicare as patient-centered care for elderly and disabled patients.
3. ICD-10 – the newest update of the ICD codes will increase the number of codes from 14,000 to over 65,000. This would be extremely challenging to institute with physicians already dealing with the rigors of EHR, Meaningful Use, and the always busy practice of medicine. The members of MASA in attendance requested that Congress seek a ruling from HHS and CMS to halt implementation before 10/1/12 and for our Congressional delegation to support legislation to stop ICD-10 when such legislation becomes available.
4. IPAB – the Independent Payment Advisory Board is the most onerous portion of the Affordable Care Act and would allow a panel of non-physicians to arbitrarily reduce physician reimbursement without Congressional oversight. This would become effective on 1/1/14 and the changes made by the IPAB could not be challenged in court. The MASA members in attendance requested a commitment from our delegation to support the repeal of the IPAB.
5. Federal Medical Liability Reform – this issue is addressed by H.R. 5 and S.B. 1099. It is well recognized that the Alabama Medical Liability Act of 1987 is one of the strongest medical liability laws in the nation and is uniformly seen as a group of six statutes that tilts in the favor of physicians over plaintiff lawyers. It has been requested that Congress pass legislation that sets reasonable statutes of limitations and puts limits on non-economic damages in medical liability suits. It was made clear that any federal medical liability reforms should not conflict with current state liability laws in place in the individual states. There is actually some movement toward this in Congress for the first time ever that I am aware of.
6. Affordable Care Act (ACA) – MASA opposes the ACA because it is felt that “it did not make the kinds of meaningful reforms necessary to increase quality and reduce cost.” The U.S. Supreme Court is set to begin hearing the lawsuit against the ACA in March and will likely issue a ruling on the constitutionality of the law by mid-summer.
The Alabama Congressional delegation was very supportive of the requests by the MASA membership and shared our concerns about the SGR and the IPAB in particular. They clearly understand the ramifications of these untenable laws on their constituents. “Patient access to care” is a phrase that is well received by our elected leaders from Alabama and they share our concern about the continued decrease in the number of physicians in Alabama who will accept new Medicare patients.
Please do not hesitate to email or call Dr. Lloyd or me if you have any concerns relative to these issues. I continue to urge all of you to be politically active in your Congressional district. Advocacy will play a critical role in shaping the practice of medicine in the upcoming years – let us do our part to shape it in a way that best serves our patients in this Great State of Alabama.
Phillip L. Laney, MD, FACC
President, Alabama Chapter of the American College of Cardiology