WASHINGTON WIRE


February 17, 2006
Issue 89

In this issue, you'll find:

Top Story

CMS Issues Exceptions to Therapy Caps

On Wednesday, February 15, 2006, the Centers for Medicare and Medicaid Services (CMS) announced its exceptions policy to outpatient therapy caps as required under the Deficit Reduction Act of 2005.

The therapy caps limit beneficiaries to $1,760 per year for physical and speech therapies and a separate cap for occupational therapy. However, if a Medicare patient's therapy costs exceed one of the caps, that patient may seek an exception through two processes. The first, referred to as “automatic exceptions,” would not require a written request to a Medicare carrier, but would require a modification to the medical claim. The exception would be available to patients with one of the 100 specific conditions listed in the CMS transmittal. The majority of requests will most likely be automatic exceptions. The second process, known as “manual exceptions,” would require a written request to a Medicare carrier. The carrier would review the request to determine if the exception is medically necessary for the beneficiary. If the contractor approves the therapy cap exception, beneficiaries would receive an additional fifteen days of therapy services before being required to submit another written request.

Health Care News

House Energy & Commerce Committee Chairman Sets Priorities for 2006

House Energy & Commerce Committee Chairman Joe Barton (R-TX) announced the committee’s priorities for 2006 on Wednesday, February 15, 2006. Chairman Barton stressed the importance of reforming reimbursement to physicians, noting that Congress cannot simply continue to delay cuts to the physician fee schedule and that reform to the payment system must occur. Health and Human Services (HHS) Secretary Michael Leavitt agreed to work with Chairman Barton on the reform initiatives. Secretary Leavitt indicated that he would like to see a shift to a system of payment based on performance.

Additionally, Chairman Barton stated that he will make it a priority to reauthorize the National Institutes of Health (NIH). The NIH has not been reauthorized in fourteen years. Chairman Barton’s reauthorization proposals would give the NIH Director, Dr. Elias Zerhouni, more fiscal control of the Institutes and encourage cross-cutting, trans-NIH research initiatives. Under the President’s FY 2007 budget proposal, the NIH would receive level funding of $28.6 billion.

Power Mobility Devices Rule Delayed

Tuesday, February 14, 2006, the Centers for Medicare and Medicaid Services (CMS) announced a delay in the implementation of the Power Mobility Devices (PMD) rule established under the Medicare Modernization Act of 2003 (MMA). The rule, which covers scooters, power wheelchairs and other “power mobility devices,” would require a face-to-face consultation with a physician and a written prescription to obtain a PMD. In addition, the rule would require physicians to submit supplemental medical records to the Durable Medical Equipment (DME) supplier showing medical necessity of the device to receive reimbursement. Under the rule, physicians would receive an additional reimbursement for the extra time spent on related paper work. Currently, CMS will not reimburse physicians for the add-on payment of $21.60. After April 1, 2006, CMS will reimburse this amount retroactively. CMS recommends that physicians hold their claims until the new effective date.


Upcoming Events

Congress in Recess until Monday, February 27, 2006


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