AAOS Advocacy in Action

In a meeting with regulatory leaders on Oct. 29, highlighted the concern that current surprise billing regulations give primary consideration to the Qualifying Payment Amount during independent dispute resolution in contradiction to statutory intent.
Helped garner senatorial support for the bipartisan, bicameral Improving Seniors’ Timely Access to Care Act, which was recently introduced as companion legislation to the House bill and would streamline prior authorization for the Medicare Advantage program.
Joined the American Podiatric Medical Association in meeting with the Centers for Medicare and Medicaid Services on Oct. 28 to raise concern with the unnecessary burden created by voluminous review and data requests by Medicare Advantage plans.
Following a meeting to discuss the current BPCI Advanced natural disaster policy, the Center for Medicare and Medicaid Innovation updated its policy and handling of episodes stating in Model Year 5.
 
 
 
Important Policy Update

Medicare Payment Changes Finalized for 2022

Orthopaedic surgery is set to face an up to 10% reduction in overall Medicare reimbursement beginning Jan. 1, 2022. The finalized payment reduction stems from three sources and was partially mitigated in 2021 due to the COVID-19 public health emergency.

The AAOS, along with Congress and much of the healthcare community, strongly advocated against these changes throughout the year. It is continuing to actively work with Congress to once again mitigate these cuts and ultimately preserve the value of Orthopaedic care.

See infographic linked below for more information and a three-year timeline of AAOS advocacy around these changes.

View Full Infographic
 
 
AAOS News

Continuing Push to Ensure Surprise Billing Regulations Do Not Favor Insurers

The AAOS is continuing to advocate against recently released regulations that give priority to the insurer-formulated median in-network rate during the process for resolving surprise medical bills. In an Oct. 29 meeting with leaders of the Departments of Health and Human Services, Labor, Treasury and the Office of Personnel Management, AAOS highlighted this contradiction with statutory intent  which may lead to sweeping reductions in both out-of-network and in-network reimbursement over time. Instead, all factors should be considered equally during independent dispute resolution without disproportionately weighting one factor. AAOS members are encouraged to join AAOS in demanding that the No Surprises Act be correctly implemented and urging Congress to put pressure on the agencies. Ask your representatives to sign onto the congressional letter being led by U.S. Representatives Tom Suozzi (D-NY) and Brad Wenstrup (R-OH) before the extended Nov. 5 deadline (previously Oct. 29). Take action on this issue…

 
 
 

Healthcare Policy News

2022 Payment Changes Finalized in Medicare Physician Fee Schedule

On Nov. 2, the Centers for Medicare and Medicaid Services (CMS) released the Calendar Year (CY) 2022 Medicare Physician Fee Schedule. The finalized rule, set to take effect on Jan. 1, 2022, implements several changes including updating the policy for split evaluation and management visits and allowing Physician Assistants to directly bill Medicare for Part B services. It also extends current telehealth flexibilities through CY 2023 and creates new payment options for extended virtual check-in visits, both asks of AAOS in its September comment letter. Unfortunately, CMS is implementing the planned 3.75% cut to the conversion factor which AAOS is actively working with Congress to mitigate. The agency also finalized the Improving Care for Lower Extremity Joint Repair MIPS Value Pathway (MVP); however, implementation will be delayed until January 1, 2023. Read the CMS fact sheet…

 

IPO Elimination Reversal Finalized in 2022 Medicare Outpatient Prospective Payment System

On Nov. 2, the Centers for Medicare and Medicaid Services (CMS) released the Calendar Year (CY) 2022 Medicare Hospital Outpatient Prospective Payment System/Ambulatory Surgical Center (OPPS/ASC) final rule. In a significant win for AAOS advocacy (see September comment letter), CMS heeded patient safety concerns and is reversing its abrupt elimination of the Inpatient Only List. Fortunately, several procedures that AAOS requested—including reconstruction of ankle and shoulder joints, as well as lumbar spine fusion—will remain off the list and be reimbursable in the outpatient setting. The 255 procedures that were added to the ASC Covered Procedures List (CPL) in 2021 will be removed, and a new stakeholder nomination process for adding procedures to the list will begin in March 2022. In line with these policy reversals, CMS is returning to a two-year exemption period from medical review activities related to the 2-midnight rule following the removal of a procedure from the IPO list. Read the CMS fact sheet… 

 

Emergency Regulation Issued Requiring COVID-19 Vaccination for Health Care Workers

The Biden-Harris Administration issued an emergency regulation yesterday requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and Medicaid programs. According to a press release from the Centers for Medicare and Medicaid Services, the regulation protects those fighting the virus on the front lines while also delivering assurances to individuals and their families that they will be protected when seeking care. These requirements will apply to approximately 76,000 providers and cover over 17 million health care workers across the country–notably, physician offices are exempt unless they are a part of a larger system. Facilities covered by this regulation must establish a policy ensuring all eligible staff have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine prior to providing any care, treatment, or other services by December 5, 2021. All eligible staff must have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna or one dose of Johnson & Johnson – by January 4, 2022. See the FAQ… 

 
 
OrthoPAC Corner

Save the Date: OrthoPAC Residents Virtual Pub Crawl

The Orthopaedic PAC is hosting an Ugly Sweater Pub Crawl for all 2021 resident PAC members on December 9 at 8:00 p.m. ET.  Participants will have the chance to chat directly with four esteemed surgeons representing different orthopaedic sub-specialties: P. Maxwell Courtney, MD, FAAOS, for hip and knee; Theodore F. Schlegel, MD, FAAOS, for shoulder and elbow;  Peter C. Amadio, MD, FAAOS, for hand; and Daniel K. Moon, MD, FAAOS, for foot and ankle. Residents will also have the opportunity to network with peers and learn about the importance of advocacy throughout an orthopaedic career. Join in the holiday fun by wearing your best ugly sweater!  Official invitation forthcoming..

 
 
 
What We’re Reading

·         AAOS 2021 Luncheon Offers OrthoPAC Update and Analysis of Polarization in America (AAOS Now, October)

·         CMS to boost pay for home health, hospital outpatient services (Modern Healthcare, 11/2)

·         Texas Medical Association files suit against surprise billing rule’s ‘unlawful’ arbitration process (Fierce Healthcare, 10/31)

·         FDA authorizes first Covid vaccine for kids ages 5-11 (Modern Healthcare, 10/29)

 
 
 
 
REACH OUT
  
QUESTIONS

For questions or concerns on these or other advocacy issues, contact us at dc@aaos.org.

 
JOIN THE PAC
Did you know? Supporting our Orthopaedic PAC by phone is easy: simply text AAOS to the number 41444. Learn more about OrthoPAC.


MAKE A DONATION

 
LEARN MORE
AAOS Website

AAOS Calendar

House of Representatives Legislative Activities

Senate Legislative Activities