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Advocacy 101 What Residents Need to Know Emily E. Volk, MD, MBA, FCAP Joe Sanfrancesco, MD July 27, 2016

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  • Advocacy 101

    What Residents Need to Know

    Emily E. Volk, MD, MBA, FCAPJoe Sanfrancesco, MDJuly 27, 2016

  • Overview

    • Council on Government and Professional Affairs

    • Now and Future Policy Agenda

    • Deciphering the Health Policy Language

    • Medicare Payment Basics

    • Medicare Access and CHIP Reauthorization Act (MACRA)

    • Getting Involved in Advocacy: PathNET, PathPAC, and beyond

    © 2016 College of American Pathologists. All rights reserved. 2

  • Welcome

    Emily E. Volk, MD, MBA, FCAP

    • Chair, Council on Government and Professional Affairs (CGPA)

    • Member, PathPAC Board

    © 2016 College of American Pathologists. All rights reserved. 3

  • Welcome

    Joe Sanfrancesco, MD

    • CAP Residents Forum Executive Committee Member

    • Former Resident Member of CGPA and Policy Roundtable

    © 2016 College of American Pathologists. All rights reserved. 4

  • Council on Government and Professional Affairs

    Council on Government

    and Professional

    Affairs

    Federal and State Affairs Committee

    PathPACEconomic

    Affairs Committee

    Policy Roundtable

    © 2016 College of American Pathologists. All rights reserved. 5

  • CGPA Responsibilities

    CGPA

    U.S. Congress

    White House

    HHS (CMS &

    FDA)

    50 State Legislatures

    AMA HOD/RUC

    Clinical Laboratory Coalition

    Patient Groups Cancer

    Leadership Coalition

    © 2016 College of American Pathologists. All rights reserved. 6

  • CGPA Now and Future Policy Agenda

    Protect the value of

    pathology services

    Protect the value of

    pathology services

    Ensure pathologists can adapt to

    the new value based

    payment models

    Ensure pathologists can adapt to

    the new value based

    payment models

    Sustain a favorable laboratory regulatory

    environment

    Sustain a favorable laboratory regulatory

    environment

    © 2016 College of American Pathologists. All rights reserved. 7

  • Major Health Care Reform Bills

    HITECH 2009 ACA 2010

    PAMA 2014 MACRA 2015

    Drivers of Health Policy Agenda

    © 2016 College of American Pathologists. All rights reserved. 8

  • Health Policy Language Can Be Intimidating…

    Resident?????PAMA

    EHR MU

    MIPS

    TC-PC

    LCDsLDTs

    ACOs

    APMs

    Part A –Part B

    CLFS

    CLIA

    © 2016 College of American Pathologists. All rights reserved. 9

  • Deciphering and Demystifying the Language

    Medicare Payment

    PAMA

    Medicare PFS

    Part A/Part B

    CPT Codes /RVUs

    TC/PC

    CLFS

    Quality Payment Adjustments

    MIPS

    EHR MU

    PQRS

    ACOs-APMs

    Medicare Coverage of

    Services

    LCD

    NCD

    MAC

    NCCI

    Regulation of Clinical

    Laboratories by CMS/FDA

    CLIA

    LDT

    © 2016 College of American Pathologists. All rights reserved. 10

  • Medicare Physician Payments to Pathologists: Understanding The Basics

    Part A: From

    Hospital

    CLFS: Clinical Lab

    Part B PC + TC

    © 2016 College of American Pathologists. All rights reserved.

    Total Medicare Part B Payment to all Pathologists = $2.3 billion in 2016

    11

  • Medicare Physician Payments to Pathologists: Understanding The Basics

    CMS identifies pathology service as potentially misvalued

    CAP recommends value of pathologists’ services to AMA RUC

    Value of service comprised of professional

    component (PC) and technical component

    (TC)

    RUC recommends value of PC and TC to

    CMS

    CMS annually updates value of

    pathologists’ professional services

    CMS annually provides global update to the Physician Fee

    Schedule (previously via SGR)

    © 2016 College of American Pathologists. All rights reserved. 12

  • CGPA Now and Future Policy Agenda

    Protect the value of pathology servicesProtect the value of pathology services

    © 2016 College of American Pathologists. All rights reserved. 13

  • 47% of pathology CPT codes have been targeted by CMS since 2006

    © 2016 College of American Pathologists. All rights reserved. 14

  • © 2016 College of American Pathologists. All rights reserved. 15

    Medicare payments for pathology codes by CMS increased 51% since 2006

  • © 2016 College of American Pathologists. All rights reserved. 16

    2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016Ind Lab $673 $1,087 $878 $970 $1,039 $1,057 $1,073 $818 $714 $823 $897Path $942 $948 $1,007 $994 $1,069 $1,129 $1,210 $1,141 $1,077 $1,316 $1,421Total $1,615 $2,035 $1,885 $1,964 $2,108 $2,186 $2,283 $1,959 $1,791 $2,139 $2,318

    +26% -7% +4%

    +7% +4% +4%

    -14%

    -9%

    +19% +8%

    $0

    $500

    $1,000

    $1,500

    $2,000

    $2,500Su

    m o

    f Allo

    wed

    Cha

    rges

    (Mill

    ions

    $)

    Pathologists' Medicare Professional Payments 2006-2016

  • Proposed 2017 Medicare Physician Fee Schedule Released on July 7

    • CMS proposed increases sought by the CAP for pathology services

    – Pathology add-on services

    – Microslide consultations

    – Prostate G-code

    – Tumor immunohistochemistry

    • CMS proposed decreases to some services– Flow Cytometry professional and technical component

    – Anatomic pathology technical component© 2016 College of American Pathologists. All rights reserved. 17

  • Proposed Professional Component Payment for Pathology Add-on Services

    • Due to the CAP’s advocacy, the CMS again increased the value of add-on services for immunohistochemistry, immunofluorescence studies, and in situ hybridization

    – This proposed policy change represents a $2.93 million increased payment to pathologists based on Medicare volume

    – $2.75 million of this impact is attributed to CPT code 88341

    © 2016 College of American Pathologists. All rights reserved. 18

  • CGPA Now and Future Policy Agenda

    Ensure pathologists can adapt to the new value based payment models

    Ensure pathologists can adapt to the new value based payment models

    © 2016 College of American Pathologists. All rights reserved. 19

  • Medicare Access and CHIP Reauthorization Act of 2015 (MACRA)

    • Ended the broken Sustainable Growth Rate (SGR) formula

    • Established a new framework for rewarding health care providers for giving better care not more just more care

    • Combined existing Medicare quality reporting programs (PQRS, VBM, and EHR MU) into one new system (Merit-based Incentive Payment System, or MIPS)

    • MIPS effective in 2019, existing programs remain in place until then

    © 2016 College of American Pathologists. All rights reserved. 20

  • Pathways Under MACRA

    Two pathways/tracks are offered under MACRA:

    © 2016 College of American Pathologists. All rights reserved.

    MACRA

    MIPS

    Quality (previously

    PQRS)

    Resource Use

    (previously VBM)

    Advancing Care

    Information (previously EHR MU)

    Clinical Practice

    Improvement Activities (new

    category)

    APMs

    Advanced Alternative Payment

    Model

    Physician Focused Payment

    Model

    21

    Performance Categories

  • © 2016 College of American Pathologists. All rights reserved. 22

    In 2015, pathologists avoided $13.5 million in PQRS penalties by using CAP-developed measures for pathology

  • $4.40

    $5.25

    $3.80

    $2.47

    $3.65

    $4.63

    $0.00

    $1.00

    $2.00

    $3.00

    $4.00

    $5.00

    $6.00

    CY2009 CY2010 CY2011 CY2012 CY2013 CY2014

    CM

    S Pa

    ymen

    ts ($

    Mill

    ions

    )EAC Measure Creation Successes: PQRS Bonuses Paid to Pathologists

    © 2016 College of American Pathologists. All rights reserved. 23

  • Securing Relief from EHR/MU Penalties

    • Grassroots and lobbying efforts from CAP to secure relief for pathologists

    • In 2014, more than 100 members of Congress urged CMS to provide pathologists permanent relief from any EHR/MU penalties

    • In 2015 and 2016, CMS provided relief from penalties

    © 2016 College of American Pathologists. All rights reserved. 24

  • Pathologists: Foundation of CAP Advocacy

    Member of Congress

    PathNET(2,200

    members)

    Lobbyists (3 CAP staff)

    PathPAC(850

    contributors)

    © 2016 College of American Pathologists. All rights reserved. 25

  • Why Get Involved?

    • Regardless of what setting you practice in, advocacy matters

    • Legislation and regulations impact much more than just payment

    • If we don’t speak for our profession, no one else will

    © 2016 College of American Pathologists. All rights reserved. 26

  • What is PathNET?

    • Grassroots advocacy network of CAP members who:

    – Advocate for patients and our profession

    – Tell our story

    – Build relationships with legislators

    • Access to tools and resources to help you become an effective advocate

    © 2016 College of American Pathologists. All rights reserved. 27

  • PathNET Opportunities for Engagement

    © 2016 College of American Pathologists. All rights reserved.

    • Action Alerts• Social Media• Letters to the Editor

    Tier 1: Grassroots Advocate Level

    • Lab Tour• In-District Meetings• Town Hall Meetings

    Tier 2: Grassroots Activist Level

    • Fly-In• Policy Meeting• Attend Fundraiser

    Tier 3: Grassroots Ambassador Level

    • PathNET Recruitment• Join State Pathology Society

    • State Path Society Leadership

    • Health Care Advisory Committee

  • PathNET’s Impact: Case Example

    • In 2013, CMS proposed to drastically reduce 39 pathology services for 2014 Physician Fee Schedule

    • PathNET went to work, generating:– Over 4,900 emails to Capitol Hill

    – 10,200 comments to CMS

    – Over 40 face-to-face meetings in DC with members of Congress and over 40 face-to-face meetings in-district meetings with members of Congress

    • Result: 113 members of the House and 40 members of the Senate sent letters to CMS opposing the proposed cuts

    • Outcome: CMS withdrew its proposal© 2016 College of American Pathologists. All rights reserved. 29

  • What is PathPAC?

    • Political action committee solely dedicated to representing pathologists at the federal level

    • Allows pathologists the opportunity to amplify their voice in Washington by engaging in the political process

    • Positions us to protect the relationships we buildwith elected officials

    © 2016 College of American Pathologists. All rights reserved. 30

  • PathPAC Contribution Guidelines

    • Hard money (individual, non-corporate funds)

    – Direct candidate support

    – $5,000 maximum per calendar year

    • Soft money (corporate funds)

    – Political Education Fund (PEF)

    – Unlimited amount per calendar year

    – Activities in support of the Policy Meeting, Fly-Ins, grassroots training, etc.

    • All PathPAC and PEF contributions are done on a voluntary basis by CAP members

    © 2016 College of American Pathologists. All rights reserved. 31

  • Common Misconceptions

    • “Why can’t the CAP just pay for this?” / “I pay dues and attend the annual meeting, why not use that money?”

    • “I’m a Democrat/Republican and I love/loathe Congressman X.”

    • “I don’t have a lot of money.”

    © 2016 College of American Pathologists. All rights reserved. 32

  • How Do I Give to PathPAC?

    © 2016 College of American Pathologists. All rights reserved.

    Contribute online via the e-store

    Check payable to PathPAC or

    Political Education Fund (PEF)

    Fill out a contribution

    form

    33

  • Policy Meeting and Annual Hill Day

    • Engage with health care policymakers and CAP leaders and policy experts

    • Learn about the regulatory and legislative challenges facing the specialty

    • Advocate for your profession by meeting with members of Congress on Capitol Hill

    © 2016 College of American Pathologists. All rights reserved. 34

  • Policy Meeting and Annual Hill Day

    • Since 2012, 705 Hill visits to members of Congress

    • Issues lobbied: SGR, Self-Referral, EHR-MU, Graduate Medical Education, LCD Reform

    • Results:

    – SGR repealed

    – MACRA contains language regarding flexibility for non-patient-facing physicians

    – EHR-MU penalties not applied to pathologists

    – LCD legislation introduced in House

    • Message: Grassroots political activism works! © 2016 College of American Pathologists. All rights reserved. 35

  • State Pathology Societies

    • Valuable strategic alliances for advocacy efforts –independent from CAP but often work closely together

    • Issues often start in the states – ability to influence legislation at the state level is vital to success at the national level

    • State legislators are the next Congressmen and Senators – begin to build relationships early in their careers

    © 2016 College of American Pathologists. All rights reserved. 36

  • AMA Membership

    • AMA delegates are apportioned based on primary specialty designation

    • Robust delegate representation ensures the CAP’s leadership role in the Pathology Section Council

    © 2016 College of American Pathologists. All rights reserved. 37

  • The Future Belongs to You!Begin to Invest in Your Profession Today

    • Become a PathNET Grassroots Advocate

    • Become a PathPAC supporter

    • Attend the 2017 Policy Meeting and Annual Hill Day– April 24-26, 2017, Washington, DC

    • Join your State Pathology Society and the AMA

    • Attend the Advocacy workgroup at the upcoming Residents Forum meeting

    – September 24, 2016, Las Vegas, NV

    © 2016 College of American Pathologists. All rights reserved. 38

  • Stay Informed Through the CAP

    • Follow CAP on social media– Twitter @Pathologists

    – Facebook.com/capathologists

    • Visit CAP.org > advocacy

    • Read STATLINE

    © 2016 College of American Pathologists. All rights reserved. 39

  • Questions?

    © 2016 College of American Pathologists. All rights reserved. 40