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CONGRESS OVERRIDES PRESIDENTIAL VETO TO STOP MEDICARE FEE SCHEDULE CUTS AND APPROVE 1.1% INCREASE FOR 2009

Hours after President Bush Tuesday vetoed a bill that called for canceling a cut in doctors' Medicare pay, both houses of Congress easily overturned the action and enacted the bill into law.

Sen. Max Baucus, Montana Democrat, shakes hands with members of AARP during a rally to support enactment of a bill ending a cut in doctors' Medicare pay. (Getty Images)

Mr. Bush "will have to explain to America's seniors why he was so willing to stand between them and their health care," said House Majority Leader Steny H. Hoyer, Maryland Democrat. "But, thankfully, we don't have to take no for an answer."

The House voted 383-41 to override the veto, more than the two-thirds majority needed to pass the bill. The House in April initially passed the bill by a vote of 349-62.

Later Tuesday, the Senate followed suit, voting 70-26 to override the veto. Twenty-one Republicans joined 47 Democrats and two independents in voting yes. No Democrats voted against the measure.

The legislation scuttles a 10.6 percent pay cut for doctors treating Medicare patients that kicked in July 1. Some doctors have threatened to quit taking new Medicare patients if the cut was allowed to stand.

The legislation would freeze Medicare rates for doctors in 2008 and would increase them by 1.1 percent in 2009.



CMS: RAC program has recovered more than $1B


by Anne Zieger

CMS has released a new report stating that Medicare has recovered more than $1 billion through the Recovery Audit Contractor program since 2005, with 85 percent of the money having been taken back from hospitals. When the costs of collecting the money were taken into account--along with the small number of refunds made to providers--CMS was able to return $693.6 million to the Medicare trust fund.

In its analysis, CMS said that most of the improper payments made to providers occurred due to billing and coding errors, frequently when one procedure was billed repeatedly. Other problems discovered by RACs included incorrect procedure codes and submission of duplicate claims that both got paid. When the RACs challenged Medicare payments, 14 percent of providers appealed, and 4.6 percent of those decisions were overturned. (Bear in mind that this means that more than 95 percent of providers lost their appeal--and those were the ones who felt they had a strong enough case to go through the appeals process!) Not surprisingly, CMS acting administrator Kerry Weems called the results a success.

That being said, the report also notes that CMS has made some significant changes to the program over time. For example, the agency changed the amount of time a RAC could look back into old provider records from a four-year window to three years. Still, providers and Congressional legislators continue to criticize the RAC program, which HHS is required to make a permanent, national effort by Jan. 1, 2010.



Medicare | Medicare Audit Recovery Program Has Recovered $700M in Overpayments to Providers
[Jul 14, 2008]

Private auditors over about three years have recovered almost $700 million in Medicare overpayments to hospitals and other health care providers in six states as part of a recovery audit contractor program, the Wall Street Journal reports. Under the program, CMS pays auditors a portion of the amount of improper Medicare payments that they identify.

Auditors reviewed $317 billion in Medicare claims and found $1.03 billion in improper payments, most of which involved claims filed in New York, California and Florida. Medicare overpayments account for $992.7 million of the improper payments, and underpayments accounted for $38 million. The cost of the program amounted to about 20 cents per dollar, with $187.2 million paid to auditors. Providers appealed 14% of the alleged Medicare overpayments and successfully challenged about 4.6% of the overpayments.

Tim Hill, CFO and director of the Office of Financial Management at CMS, said, "All in all, we're very happy with the results," adding, "It returned a lot of money to the trust fund, particularly when you think that we're talking about three states."

The program has "drawn fire" from providers, "who call it overly aggressive and too confrontational," the Journal reports. However, CMS has begun to expand the program nationwide. CMS plans to revise the program to require auditors to use clinically trained personnel to ensure that they evaluate medical necessity consistently with other agency operations and to communicate with providers about audits in more detail. In addition, CMS plans to add staff to oversee the program and allow providers to track audits (Francis, Wall Street Journal, 7/14).

CNN Airs Segment on Chiropractic, Stroke; Second Report to Air This Weekend


Over the past two years, there has been increasing media interest in the topic of stroke following cervical manipulation.  Most recently, ACA has been intimately involved in two separate media reports from CNN. The first segment aired Wednesday on CNN’s American Morning and featured ACA as the voice for the chiropractic profession. The main focus of the segment was the story of Britt Harwe, who says she suffered a stroke following chiropractic manipulation.  During the interview, Harwe placed considerable emphasis on the need for improved informed consent and transparency in differentiating doctors of chiropractic from medical doctors.

CNN is also scheduled to air a segment this weekend on the program House Call with Dr. Sanjay Gupta.  Again, ACA has actively been providing the show’s producers with information and has arranged for Dr. William Lauretti, an assistant professor at NYCC and ACA spokesperson, to conduct a one-on-one interview with Dr. Gupta.  House Call airs from 8:30 – 9 a.m. ET on both Saturday and Sunday.

State associations and doctors of chiropractic are urged to be prepared to respond to questions from concerned patients who might see or hear about the story.  ACA is providing a number of resources regarding the topic of chiropractic and stroke at www.acatoday.org/resources.

Courtesy of ACA Website

 

Copyright © 2008 Kathy Mills Chang  -  Copyright Reserved