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June 2022 MedPAC Report released

June 15, 2022

The June 2022 Medicare Payment Advisory Commission (MedPAC) Report to Congress was released on June 15 and contains several items of interest to the radiation oncology community, which are outlined below. MedPAC advises Congress on issues affecting the Medicare program, including payments to providers operating under the Medicare Physician Fee Schedule (MPFS).

Aligning Fee-for-Service Payment Rates Across Ambulatory Settings
In the Report, MedPAC states that having different payment rates for the same service across ambulatory settings incentivizes providing care in the setting with the highest payment rates. Through its analysis, the Commission identified 57 ambulatory payment classifications (APCs) for which it would be appropriate to align the Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) payment rates with those in the MPFS. MedPACs justification for alignment is that the most frequent site of services for these services is the physician’s office, indicating that the freestanding setting is a safe and reasonable place for care delivery. Of the 57 APCs that the Commission believes are reasonable to align rates, seven are relevant to radiation oncology:

 
APC 5411 - Level 1 Gynecologic Procedures
57180 Treat vaginal bleeding
58100 Biopsy of uterus lining
58999 Genital surgery procedure
APC 5412 - Level 2 Gynecologic Procedures
57156 Ins vag brachytx device
APC 5413 - Level 3 Gynecologic Procedures
56605 Biopsy of vulva/perineum
57100 Biopsy of vagina
57500 Biopsy of cervix
APC 5521 - Level 1 Imaging without Contrast
76010 X-ray nose to rectum
APC 5522 - Level 2 Imaging without Contrast
76872 Us transrectal
76873 Echograp trans r pros study
APC 5611 - Level 1 Therapeutic Radiation Treatment Preparation
77280 Set radiation therapy field
77299 Radiation therapy planning
77300 Radiation therapy dose plan
77331 Special radiation dosimetry
77332 Radiation treatment aid(s)
77333 Radiation treatment aid(s)
77336 Radiation physics consult
77370 Radiation physics consult
77399 External radiation dosimetry
APC 5621 - Level 1 Radiation Therapy
77401 Radiation treatment delivery
77402 Radiation treatment delivery
77789 Apply surf ldr radionuclide
77799 Radium/radioisotope therapy

According to the report, had CMS aligned payment across settings according to MedPACs recommendations, it would have saved $6.6 billion in 2019 and reduced Medicare beneficiary out of pocket expenditures by $1.7 billion.

Streamlining Medicare’s APMs
The Commission recommends that the Centers for Medicare and Medicaid Services (CMS) reduce the number of Medicare alternative payment models (APMs), particularly population-based accountable care organization (ACO) type concepts. As an example, MedPAC recommends that the current seven track Medicare Shared Savings Program be reduced to a smaller number of tracks that are targeted toward provider groups of different sizes and involve different levels of risk. The report recognizes that ACOs are not necessarily appropriate for distinct specialty services. MedPAC recommends that CMS implement a national episode-based payment model for certain clinical episodes to improve savings and/or outcomes related to services that encompass a distinct period of time, such as cancer care. Additionally, MedPAC believes some providers should be required to participate in this national episode-based payment model for all their fee-for-service Medicare patients. The goal of these recommendations is to reduce the complexity and uncertainty around deciding to participate in an APM and increase participation in these models.

Recommendations for Reducing Medicare Part B Drug Expenditures
The June MedPAC report also acknowledged the challenges associated with growing Part B drug expenditures, particularly for cancer treatment. According to the report, between 2009 and 2019 Part B drug expenditures grew 10% on average every year. While acknowledging that Medicare has a limited ability to influence how Part B drugs are priced, MedPAC did offer three pathways that require Congressional action to address the exponential growth in drug prices.

The recommendations include giving CMS the authority to use coverage with evidence development or CED to collect clinical evidence relevant to Medicare beneficiary use of first-in-class new drugs, which are usually introduced with high launch prices. It was also recommended that payment caps be established that are tied to the new drug’s estimated clinical impact. A second recommendation involved use of internal reference pricing or consolidated billing to establish a single reference price for drugs that have similar health effects. According to the report, this would create market competition and encourage manufacturers to lower their prices to expand market share. A final recommendation involved revising the existing Average Sales Price + 6% Part B drug payment formula by fixing all or a portion of the add on payment; i.e., replacing the 6% add on with a set rate or combing a set rate with a percentage less than 6%.

Final Report on Vulnerable Medicare Beneficiaries’ Access to Care
The June Report contains MedPAC’s final report in response to the July 2020 request from the House Ways and Means Committee for an update on rural beneficiaries’ access to care and for information on access to care for those who live in a medically underserved area (MUA), are dually eligible for Medicare and Medicaid, or have multiple chronic conditions.

Their report used data from before the COVID-19 pandemic, and they found that those who live in MUAs generally received the same volume of services as those who did not live in an MUA (they looked at E&M encounters, hospital inpatient and outpatient visits, skilled nursing facility days and home health episodes). Additionally, Medicare beneficiaries who are eligible for full Medicaid benefits had substantially higher service use, but they note that they could not rule out the possibility that these dual-eligible patients needed more care than they received or faced difficulties in accessing it. Finally, those with chronic conditions had substantially higher service use. They note that additional research is needed and that they are looking into how to better identify vulnerable Medicare populations.

As the push for Medicare payment reform moves forward, it is important to keep in mind that the contents of the MedPAC report are, at this time, just recommendations. However, the report is influential with members of Congress and can provide some insight into where the debate will head. Meanwhile, ASTRO continues to advocate with legislators and regulators for meaningful reforms to the Fee Schedule.

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