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Senior Citizen Politics

Hospice Operators Happy with New CMS Pay for 2010 but Fear Cuts in Health Care Reform

Medicare hospice reimbursement cuts now spread out over seven years, instead of just 2 years

http://www.doh.wa.gov/hsqa/FSL/images/HospiceCareCenter.JPGAug. 3, 2009 – A long running battle over the compensation Medicare would pay for hospice care appeared to come to an end last Thursday with the CMS announcement that payments will increase by 1.4 percent in 2010. The National Hospice and Palliative Care Organization said today that this brings some relief to hospice providers but they still have concerns.

The hospice payment increase is the net result of a 2.1 percent increase in the “hospital market basket,” an indicator of input price increases, offset by a 0.7 percent decrease in payments to hospices due to CMS’ revised policy to phase out its wage index budget neutrality factor, according to the news release from the Centers for Medicare & Medicaid Services (CMS). 

 

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“Specifically,” CMA says, “the final rule revises the phase-out of the wage index budget neutrality adjustment factor (BNAF) which was made final in the fiscal year (FY) 2009 final rule, to now occur over seven years.”

 “Medicare hospice reimbursement cuts associated with the elimination of the Budget Neutrality Adjustment Factor have now been spread out over seven years, instead of being harshly phased in over just 2 years,” explains the industry organization.

Under CMS’s final policy, the budget neutrality adjustment will be reduced by 10 percent in FY 2010, and 15 percent each year from FY 2011 through FY 2016.  

NHPCO, which sees these changes in the BNAF phase-out partially to the significant advocacy efforts of the hospice community, still sees “threats.” It sees provisions in some of the health care reform legislation pointing to possible reductions in the market basket increase of 2.1% that hospices expect to receive..

For nearly 18 months, the hospice community has been fighting a regulation originally proposed in the FY2009 Wage Index issued by the previous Administration, which would reduce hospice reimbursement by eliminating the budget neutrality adjustment factor (BNAF), according to NHPCO.

In the FY2010 Wage Index, the current Administration considered, through their review of the submitted comments, the severity of the economic conditions facing the hospice community and the ever-increasing desire by patients and families to have access to high-quality end-of-life care.

NHPCO says the seven-year phase out of the BNAF affords the hospice community a more rational approach to absorbing the eventual rate reductions over a much longer period of time. While the end result is the same, a substantial and unwarranted rate reduction, this approach recognizes the ongoing financial pressures facing the hospice community and prioritizes compassionate and high-quality care for our nation's most vulnerable population, the dying and their families.

“Hospice Advocates throughout the nation have been crucial in getting us to this important point.”  said J. Donald Schumacher, president and CEO of NHPCO.

“Our efforts as a unified hospice community to tell the hospice story to Congress and the President have been realized. The voices of the more than 1.4 million patients, and their families, served by hospice each year have been heard.”

“However, while the impact of the BNAF cuts has been softened, threats to hospice reimbursement rates have not been eliminated. We'll keep working with Congress to try to fully eliminate the cuts, and look for further relief on the proposed “productivity factor” cuts to help finance health care reform,” Schumacher added.

The rule also adopts a Medicare Payment Advisory Commission (MedPAC) recommendation which requires physicians to complete a narrative on the certification and recertification describing the clinical justification for the patient’s terminal prognosis.

The proposed rule also sought comments on future hospice payment reform, the cap calculation methodology, and on requiring physician visits to evaluate eligibility in patients with longer lengths of stay.  CMS will consider the comments in future analyses.

This final rule reflects the ongoing efforts of CMS to support beneficiary access to hospice services while maintaining responsible financial stewardship of the Medicare Trust Fund.   

Final Rule Details by CMS

"The BNAF is to be phased-out over seven years, beginning with a 10 percent reduction in FY 2010, and followed by an additional 15 percent reduction in each of the next six fiscal years.  Phase out will be complete in FY 2016.   This more gradual phase-out provides opportunity for CMS to consider the effects of a reduction in payments in the context of hospice payment reform, which is under consideration. The 10 percent reduction to the BNAF is partially offset by the annual market basket increase, which is 2.1 percent for fiscal 2010.

"This rule also makes final a change to the physician certification process, where doctors will be required to submit a brief narrative supporting a patient’s life expectancy of six months or less. 

"A link to the final rule, which will be published in the Federal Register on August 6, 2009, along with accompanying documents will be available at:

http://www.federalregister.gov/OFRUpload/OFRData/2009-18553_PI.pdf."

NHPCO said it and its affiliate The Alliance for Care at the End of Life (http://www.afceol.org) anticipate further advocacy activity when members of Congress return to their home districts during the August recess.

More about the advocacy efforts at http://www.nhpco.org/advocacy.

Analysis of additional issues included in the final rule will be released by NHPCO in the days ahead.

 

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