Internists encouraged by payment rules from CMS, note key areas of concern

The American College of Physicians (ACP), expressed support for some of the provisions included in the final rules for the Medicare Physician Fee Schedule and the Quality Payment Program (QPP) for 2018, and noted some areas of concern in the rules that were released by the Centers for Medicare and Medicaid Services (CMS) on Nov. 2. 

“As a practicing primary care internist, I am greatly encouraged that CMS is proposing improvements in the physician fee schedule to help me and my colleagues provide coordinated, patient-centered, high value and team-based care to our patients” said Susan Thompson Hingle, MD, MACP, chair, Board of Regents, ACP. “We look forward to providing CMS with detailed comments to support these improvements while recommending other changes to strengthen primary care.”

In the 2018 fee schedule, ACP called particular attention to improvements made in three areas:

• Evaluation and Management (E/M) Documentation Guidelines Comment Solicitation: ACP appreciates that CMS is immediately focused on revision of the current E/M documentation guidelines in order to reduce unnecessary administrative burden. As the Agency moves forward with this process ACP will continue to provide input to CMS officials. 

• Further Refinement of Care Management Services Codes: ACP applauds CMS for continuing to reduce the burdens associated with the care management services code set. The clarification of the CCM planning code (G0506), will allow for some or all of the care planning to be performed by the billing clinician on a subsequent day.

• Appropriate Use Criteria for Advanced Diagnostic Imaging Services: ACP supports the additional 1-year delay in implementation of the Appropriate Use Criteria for advanced diagnostic imaging services until 2020 while physicians are still learning the evolving policies of the QPP and gaining increasing experience reporting for the program.

CMS also released the final rule for Year 2 of the Quality Payment Program, with an opportunity to provide comments on the rule to CMS by Jan. 1. Year 2 maintains many of the flexibilities from the first year of the QPP, to help physicians with the continued process of transitioning to the new payment incentive program established by the Medicare Access and CHIP Reauthorization Act of 2015.

“We will be looking at the QPP rule closely to identify positive improvements that CMS has already made and to make more detailed suggestions about changes that CMS can make to ease some of the regulatory burdens on physicians,” continued Dr. Hingle. Specifically, ACP is pleased that CMS made some positive improvements to the Quality Payment Program (QPP).

• Extreme and Uncontrollable Circumstances: ACP strongly supports CMS’ new policy to allow clinicians who are impacted by extreme and uncontrollable circumstances to be provided relief from reporting requirements associated with QPP in 2017 and 2018. Physicians treating patients in areas impacted by the hurricanes this year will be able to focus their efforts on much needed patient care without worrying about complying with new reporting requirements under QPP.

• MIPS Bonus for Complex Patients: ACP appreciates that CMS accepted our recommendation to increase the amount of bonus points available for treating medically complex patients. This increase will better adjust for the risk for those physicians treating more complex patients.

• Small Practice Options: ACP thanks CMS for finalizing new policies to provide flexibilities for small practices in 2018 including the virtual groups option, small practice bonus, Advancing Care Information hardship exception, and increased low-volume threshold.

However, ACP has concerns about several of the provisions of the rule; in particular some of the provisions are inconsistent with recently announced CMS initiatives on “Patients Over Paperwork” and “Meaningful Measures.”

• Complex Scoring: We are disappointed that Merit-Based Incentive Payment System (MIPS) scoring remains overly complex and lacks standardization across performance categories. The measures and activities should more directly align with the weight they have in the overall score. This should follow with the efforts of CMS’ new initiatives.

• Cost Performance Category: CMS increased the weight of the Cost Performance Category for 2018 from zero percent, as proposed, to 10 percent in the final rule. Given that there are not yet adequate cost measures that have been developed, ACP opposes this increase and encourages CMS to reverse this decision.

• Quality Data Threshold: ACP is discouraged that CMS chose to increase the data completeness threshold for quality reporting data from the proposed 50 percent of patients to 60 percent in the final rule. This adds unnecessary burden to practices at a time when CMS has acknowledged that measures need improvement and excessive burdens should be reduced.

• Low-volume Threshold Opt-in: While we appreciate that CMS finalized an increase in the low-volume threshold to exclude those with less than or equal to $90,000 in Part B charges or 200 or fewer Part B patients from MIPS, ACP strongly encourages CMS to allow clinicians below the threshold to have the opportunity to opt-in to participate. If a practice believes that they will be able to participate successfully, they should have that option.

“We were heartened to see the announcement from CMS this week of their new initiatives designed to ease unnecessary administrative burdens on physicians; Patients Over Paperwork and Meaningful Measures,” concluded Dr. Hingle. “In light of the recent announcement we are encouraged that CMS will follow through and address our concerns.”

Read more from the ACP: American College of Physicians

Additional Links from CMS

The Physician Fee Schedule final rule (CMS-1676-F) can be downloaded from the Federal Register at:https://s3.amazonaws.com/public-inspection.federalregister.gov/2017-23953.pdf


For a fact sheet on the Physician Fee Schedule final rule, please visit:https://www.cms.gov/Newsroom/MediaReleaseDatabase/Fact-sheets/2017-Fact-Sheet-items/2017-11-02.html


The Quality Payment Program final rule with comment period (CMS-5522-FC and CMS-5522-IFC) can be downloaded from the Federal Register at: https://s3.amazonaws.com/public-inspection.federalregister.gov/2017-24067.pdf


For a fact sheet on the Quality Payment Program final rule with comment period, please visit: https://www.cms.gov/Medicare/Quality-Payment-Program/resource-library/QPP-Year-2-Final-Rule-Fact-Sheet.pdf

CMS proposes a few clarifications to its chronic care management billing code

At the beginning of 2015, CMS began reimbursing physicians for the care they provide to a particular group of their Medicare patients remotely and between visits. This new billing code, called Chronic Care Management (CCM), required that this remote care meet a few criteria, like patients must have two or more chronic conditions; the physician must establish a comprehensive care plan for the patient; and the remote care must take up at least 20 minutes of staff time over the course of the month.

This week CMS issued a proposed rule that seeks to clarify the use of the CCM billing code based on the many inquiries the agency has received since the code first came out.

“In reviewing the questions from hospitals on billing of CCM services, we identified several issues that we believe need to be clarified. Therefore, for CY 2016 and subsequent years, we are proposing additional requirements for hospitals to bill and receive OPPS payment for CPT code 99490. These proposed requirements, discussed below, are in addition to those already required…” CMS writes. 

CMS proposes that starting next year CCM can only be billed to if patient has an already established relationship with the provider using the code. “While we have always expected the hospital furnishing the clinical staff portion of CCM services, as described by CPT code 99490, to have an established relationship with the patient and to provide care and treatment to the patient during the course of illness… we have not previously specified through notice-and-comment rule making that the hospital must have an established relationship with the patient as a requirement for billing.” This prior relationship requirement would be an “explicit condition” on billing to the code, if the proposal is adopted.

CMS also wanted to clarify that while it was previously stated that only one physician can bill for the code for a given patient, the same goes for one hospital for a given patient. “The physician or other appropriate non-physician practitioner directing the CCM services should inform the beneficiary that only one hospital can furnish and be paid for these services during the calendar month service period.”

For more on CMS’ proposed changes and clarifications to CCM and other billing codes, check out the full proposal here (PDF).

http://mobihealthnews.com/44983/cms-proposes-a-few-clarifications-to-its-chronic-care-management-billing-code/

CMS issues final rule on reimbursement for chronic care management services

• McGuireWoods LLP
• Kerri A. Eble and Kimberly J. Kannensohn

On November 13, 2014, the Centers for Medicare and Medicaid Services (CMS) issued the Medicare Physician Fee Schedule final rule, including a new code and guidance for billing for chronic care management services (CCM), effective January 1, 2015. The final rule sets forth criteria for submitting claims to Medicare for CCM services and establishes a base reimbursement rate of $42.60 for such services. The provision of coverage for CCM services is an important corollary to the population management goals of accountable care organizations, and is consistent with various incentives established by the Affordable Care Act. While some questions remain unanswered, Medicare reimbursement for CCM services should greatly benefit the growing population of elderly patients with multiple comorbidities, many of whom depend on proactive care management, including remote monitoring, to avoid medical complications, hospitalization and unnecessary readmissions.

The final rule contains a number of criteria for billing CCM services, including the following: (1) over the course of a month, at least 20 minutes of clinical staff time directed by a physician or other qualified health care professional must be devoted to provision of the services; (2) the patient must have multiple chronic conditions that are expected to last at least 12 months, or until the death of the patient; (3) the chronic conditions must place the patient at significant risk of death, acute exacerbation/decompensation or functional decline; and (4) a comprehensive care plan must be established, implemented, revised or monitored. CCM services do not have to be provided face-to-face and include overseeing patient self-medication, ensuring receipt of all recommended preventative services, monitoring a patient’s conditions and reviewing data reported about the patient from a remote monitoring device.

Providers who are eligible to bill for CCM services include physicians, nurse practictioners, physician assistants, clinical nurse specialists and midwives. The CCM provider must: (1) use certified electronic health record technology (but need not qualify for meaningful use incentive payments); (2) create and regularly update a comprehensive electronic care plan for the patient that can be accessed by the care team, other providers who care for the patient, and the patient; (3) offer 24 hours per day, seven days per week access to care for chronic care needs; (4) provide continuity of practice and care management; (5) allow patients to communicate with the provider by phone and asynchronous consultation methods; (6) manage transitions of care within the health care system; and (7) coordinate with home and community-based clinical service providers. CMS will pay for only one provider to furnish CCM to the same patient in the same calendar month.

The patient receiving CCM services must be a Medicare beneficiary and must furnish the provider who is billing for the services, with written consent for the receipt of CCM services. The written consent must be documented in a certified electronic health record and must inform the patient of the following: (1) which CCM services are available; (2) how CCM services are accessed; (3) how patient information will be shared among providers and the care team; (4) that cost sharing applies to services even when they are not delivered face-to-face; (5) that consent to CCM services can be revoked by the patient at any time, effective at the end of the calendar month; and (6) that CMS will pay for the services of only one practitioner in each 30-day period.

There are still certain open questions regarding billing for CCM services. CMS has not provided a definitive list of chronic conditions that qualify a patient to receive the services. Similarly, CMS has not provided standards for evaluating how long the conditions are expected to last or whether the conditions place the patient at significant risk of death, acute exacerbation/decompensation or functional decline. Finally, as most patients with multiple chronic conditions have more than one physician but only one provider may bill for CCM services for a patient in a 30-day period, it is unclear how a patient’s providers will determine who will bill for CCM services. Over time, and with the issuance of manual instructions and medical review policies by CMS and its contractors, certain of these issues may be resolved.

http://www.lexology.com/library/detail.aspx?g=91893ef3-9e65-473e-b078-d2feabaed0e9