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CAP Update Gene N. Herbek MD, FCAP CAP President
April 5, 2014
Methodist Hospital
Omaha, Nebraska
2 © 2014 College of American Pathologists. All rights reserved.
Laboratory at Methodist Hospital
Omaha, Nebraska
3 © 2014 College of American Pathologists. All rights reserved.
• Present an overview and update on the CAP’s
2014 policy and advocacy priorities
• Provide context for the policy challenges we face
• Describe resources and tools available at the CAP
to help you today and tomorrow
• Answer your questions
Today’s Objectives
4 © 2014 College of American Pathologists. All rights reserved.
• CAP policy and advocacy agenda
• 2013 accomplishments
• Health policy landscape for pathology
• 2014 priorities and challenges
• Mobilizing to advance and sustain the specialty
CAP Advocacy
5 © 2014 College of American Pathologists. All rights reserved.
CAP Policy and Advocacy Agenda
Mitigate cuts to pathology payments
Ensure pathologists can comply with the new CMS
value based payment models
Ensure a level playing field against unfair
competition
Protect pathologists’ scope of practice
Protect funding for graduate medical education
Sustain a favorable lab regulatory environment
6 © 2014 College of American Pathologists. All rights reserved.
Blocked CMS plan to cut the TC payments for 39 pathology codes to the level of the Hospital APC rate
Secured relief from penalties and eased compliance with the Physician Quality Reporting System (PQRS) program
Persuaded HHS to shield laboratories from unfair competition by removing labs as potential donors of EHR services
Influenced the favorable GAO report on self-referral and paved the way for potential congressional action
Paved the way for pathologists to avoid CMS Value- Based payment penalties under the new SGR reform bill
What We Accomplished In 2013
7 © 2014 College of American Pathologists. All rights reserved.
• The Office of Inspector General (OIG) and CMS released
their final rulings on Dec. 23, 2013
• Federal rules banning donations were effective as of
March 27, 2014
• CAP members have reported numerous cases of unfair
and abusive business practices that escalated and ran
contrary to the intent of the safe harbor and the
exception
• In 2011, CAP and PAP secured a state ruling on
laboratory EHR donations in PA that was more restrictive
than federal law in effect prior to December 2013
CAP Advocacy Eliminates Ability of Laboratories to Donate EHR
8 © 2014 College of American Pathologists. All rights reserved.
Patient Access Rule: Feb. 3, 2014
Visit cap.org/advocacy for more information.
9 © 2014 College of American Pathologists. All rights reserved.
• HHS continues to implement Affordable Care Act
• CMS initiatives to revalue existing pathology payments at the individual code level will continue
• CMS also seeking authority to rebase payments at the code level on sources other than the RUC
• CMS plan to revalue the Clinical Lab Fee Schedule will also lead to reductions in payments to labs
• Congress acting to repeal the SGR and replace it with a system that revamps existing CMS Value Based Program
Health Policy Landscape for Pathology
10 © 2014 College of American Pathologists. All rights reserved.
• SGR Reform: CAP is pushing to enact the pending SGR reform bill. It has pathology specific language to help us going forward.
• Self-Referral: CAP is pushing to attach the self-referral ban to the SGR bill. Now is the time to act.
• Immunohistochemistry: 88342 (PC & TC): CAP working to reverse CMS decision to require the use of two new G codes for this service, but the solution may not be finalized until 2015.
• In situ hybridization services: 88365, 88367, and 88368 (PC & TC): CMS deferred final action on the revaluation of these services for 2014, but changes are anticipated beginning in 2015.
2014 Priorities and Challenges
11 © 2014 College of American Pathologists. All rights reserved.
• 88305 TC and global payment
o The CAP defended from further cuts beyond
those already announced in 2013
• New restrictions on prostate biopsies
• Microdissections
• In Vivo Microscopy (88375)
• Optical Endomicroscopy
2014 PFS: Other Changes to AP Pathology Codes
12 © 2014 College of American Pathologists. All rights reserved.
• Linking Pathology TC Payments to the Hospital
Outpatient APC Rates: While we succeeded in
2013, CMS remains committed to the policy which
we will continue to oppose in 2014.
• Bundling of Pathology Services: The CAP will be
opposing efforts to bundle pathologist professional
services into bundled payments for hospitals.
• PQRS: CAP is working to ensure that pathologists
can comply with CMS’s PQRS program and will
develop additional measures going forward.
2014 Priorities and Challenges
13 © 2014 College of American Pathologists. All rights reserved.
• Molecular Payment and Coverage: The CAP
advocating for payment and coverage in face of
restrictive CMS and private payer policies.
• Next Generation Sequencing: The CAP continues to
work with AMP to advance CPT code proposal for
NGS technical component. NGS codes and
Medicare pricing for the technical service is
expected in 2015 and Pathologists can use existing
codes (80502) to bill for NGS consultation services.
2014 Priorities and Challenges
14 © 2014 College of American Pathologists. All rights reserved.
• Working with the ACMG, ASCLS, ASCP, ASHI, and AMP―representing more than 150,000 medical laboratory professionals―in advocating at the federal level with CMS
• Provided CMS with a 100-page comment letter and met with CMS officials on local coverage decisions
• CAP medical experts are engaging with Medicare contractors
• Partnering with Personalized Medicine Coalitions and the Cancer Leadership Council
CAP’s Advocacy Efforts on Molecular Pathology
15 © 2014 College of American Pathologists. All rights reserved.
Medicare coverage (or lack thereof) is a major focus of
the CAP’s advocacy efforts:
• Concerned about patient access to medically
necessary molecular pathology testing
• Working on multiple fronts to address concerns with
CMS, patient advocates, and AMA
• Providing more info on tests to national health plans,
including Wellpoint and Cigna, per their request
• Working to prevent adoption of Medicare policy by
private plans
2014: Coverage of Molecular Pathology Services
16 © 2014 College of American Pathologists. All rights reserved.
• The CAP continues to work with AMP and AMA
workgroups to advance CPT code proposal for NGS
technical component
• Pathologists can use existing codes (80502) to bill
for NGS consultation services
• NGS codes and Medicare pricing expected in 2015
2014: Ensuring Payment for Next-Generation Sequencing (NGS)
17 © 2014 College of American Pathologists. All rights reserved.
The CAP has made significant progress to address the workforce challenges:
• Advocate on behalf of several bills to lift a GME funding cap.
• Established the CAP Policy Roundtable
o Focused on how to train future pathology workforce
o Published a white paper in Archives on pathology workforce supply (December 2013)
• Held Pathology Workforce Summit in December 2013
o Agreed to set priorities and recommended activities
GME Funding and Policy Roundtable
18 © 2014 College of American Pathologists. All rights reserved.
• Enacted in March, anatomic pathology anti-
markup legislation in Virginia.
• Hearings to be held for anti-markup and ACO
legislation in Illinois.
• CAP model ACO legislation pending in California
and New Jersey:
o CAP model ACO bill endorsed by four national
cancer patient advocacy groups.
CAP- State Affairs
19 © 2014 College of American Pathologists. All rights reserved.
• PA SB1042 introduced by Dept. of Health in 2013
• PAP and CAP involved in negotiations from
introduction, including amendments to enhance
clarity of the bill:
o Related to fee-splitting, kickbacks, applicability
to out-of-state laboratories and recognition of
accreditation
o However, not all requested changes received
traction with the Department or Legislature
• Signed into law Dec. 18, 2013 with CAP and PAP
support
State Affairs - Senate Bill 1042
20 © 2014 College of American Pathologists. All rights reserved.
• Official clarification requested on:
o Mark-up of anatomic pathology services
o Soliciting, collecting, processing, handling and
receiving of specimens by non-permitted
histological processing facilities
o Placement of paid or unpaid personnel,
including pathologists in referring physician
offices
PAP-CAP Letter to Health Department
21 © 2014 College of American Pathologists. All rights reserved.
Spread the Word….
• Become a CAP member
• Join PathNET, CAP’s grassroots network
• Contribute to PathPAC
• At the State level, join your state pathology society
Together Our Voices Are Key to Our Success
Mobilizing to Sustain the Specialty
22 © 2014 College of American Pathologists. All rights reserved.
Attend the 2014 CAP Policy Meeting
23 © 2014 College of American Pathologists. All rights reserved.
Stay Informed….
o Follow CAP on social media
− Twitter @pathologists
− Facebook.com/capathologists
o Visit cap.org/advocacy
o Sign up to receive Statline
24 © 2014 College of American Pathologists. All rights reserved.
26
Change Drivers
• Demographics
• Economics
• Emerging technologies
• Care models • Payment systems
© 2014 College of American Pathologists. All rights reserved.
• Learning
• Practice Management Tools
• CAP Guidelines
27
CAP can help you today and tomorrow
© 2014 College of American Pathologists. All rights reserved.
• Combination of online learning
and live, faculty-led workshops
o Hands-on training
o Networking opportunities
• Earn up to 30 CME and 18 SAM credits
• CAP’s AP3 Certificate of Recognition
o Successful completion of cognitive and practical
assessments
© 2014 College of American Pathologists. All rights reserved. 28
Advanced Practical Pathology Programs (AP3s)
• CAP offers over 80 SAMs in 25 different specialty
areas
o Peer reviewed
o Highly interactive
o Easily accessible
o Most offer discounts to residents
© 2014 College of American Pathologists. All rights reserved. 29
Online Learning: CAP SAMs
“The CAP seems to be taking a leadership role in developing SAMs with very easy online resources.”
- What SAM participants are saying
• Education in genomics
o Basic and intermediate learning plans
o Pharmacogenomics Series
o Webinars, SPECs, and Resource Guides
• Education in informatics
o Health Information Technology Primer course
• Education in practice management
o Create and promote your value
© 2014 College of American Pathologists. All rights reserved. 30
CAP can help you prepare for the future
Free course for Residents
Free course for Residents
Value-Based Business Center
Available to CAP members and Practice Managers Forum
participants
cap.org/practicemanagement
Gather Data
Market Awareness Toolkit
Practice Self-Awareness Toolkit
Market Assessment Toolkit
Practice Assessment Toolkit
Make Decisions Pursue Opportunities
Got Value? Document
Value Impact Analysis Toolkit
Negotiation Skills Online Courses
31 © 2014 College of American Pathologists. All rights reserved.
CAP Guidelines
Along with professional
partners, the CAP advances
the practice of pathology and
laboratory medicine by
bringing evidence-based
medicine and consensus
recommendations to the
forefront of clinical
decision making.
32
CAP Guidelines
The CAP Guidelines help
pathologists and other
clinicians make more informed
decisions about diagnosis and
optimal treatment leading to
more effective testing and
better patient outcomes
33
• Immunohistochemistry Assay Analytic Validation Principles
• Guideline Recommendations for HER2 Testing in Breast Cancer
• Validating Whole Slide Imaging for Diagnostic Purposes in Pathology
• Molecular Testing Guideline for Selection of Lung Cancer Patients for
EGFR and ALK Tyrosine Kinase Inhibitor
• The Lower Anogenital Squamous Terminology Standardization Project
for HPV-Associated Lesions: Background and Consensus
Recommendations
• Consensus Statement on Effective Communication of Urgent
Diagnoses and Significant Unexpected Diagnoses in Surgical
Pathology and Cytopathology
• Guideline Recommendations for Immunohistochemical Testing
of Estrogen and Progesterone Receptors in Breast Cancer
CAP Guidelines - Published
34
• CAP/ASH Algorithm for Initial Work-up of Acute Leukemia
• CAP-ADASP Interpretive Diagnostic Error Reduction in Surgical
Pathology
and Cytopathology
• Bone Marrow Synoptic Reporting
• CAP-NSH Uniform Labeling Requirements for Blocks and Slides
in Surgical Pathology
ASCP/CAP/AMP/ASCO Molecular Markers for the Evaluation of
Colorectal Cancer
• HER2 Testing in Gastric Cancer
• HPV Testing in Head and Neck Squamous Cell Carcinoma
CAP Guidelines – In Development
35
Make Plans to Attend CAP’14
cap.org/cap14
36 © 2014 College of American Pathologists. All rights reserved.