Federal
ASCP Meets with CMS about Pathology Anti-Markup Rule/Self-Referral
The American Society for Clinical Pathology recently met, along with representatives of the American Clinical Laboratory Association, the College of American Pathologists and several large independent laboratories, with officials from the Centers for Medicare and Medicaid Services to discuss problems with the anti-markup rule. ASCP urged CMS to fix several unintended loopholes that render the anti-markup rule ineffective at stopping clinicians from marking up the costs of anatomic pathology services they order for their patients.
ASCP raised concerns that when CMS revised its anti-markup rule in last year’s revisions to the physician fee schedule, the agency accidently undermined the rule by exempting those services that do not require physician supervision. Since neither Medicare nor the Clinical Laboratory Improvement Amendments of 1988 require physician supervision of the technical component of a biopsy, the anti-markup rule does not apply. Moreover, CMS deleted provisions in the anti-markup rule banning the markup of purchased services, enabling ordering physicians to markup the costs of purchased tests.
In large part due to the changing leadership at the Department of Health and Human Services, it is unlikely that CMS will change the anti-markup rule this year. ASCP will continue to press for changes to the rule as well as look to legislative strategies to prevent abusive markups of anatomic pathology services.
ASCP Joins ACLU Lawsuit Opposing Gene Patents
ASCP has joined the American Civil Liberties Union (ACLU) and others in a lawsuit challenging the legality and constitutionality of patents on human genes. The petition specifically targets the patents covering the BRCA1 and BRCA2 genes, which are associated with breast and ovarian cancer. The lawsuit was filed May 12 in U.S. District Court in New York against the U.S. Patent and Trademark Office, Myriad Genetics, and the Directors of the University of Utah Research Foundation. more...
State News
ASCP Assists in Advocacy Effort to Avert School Closure
Campaign Targets Governor to Save CLS Program at Western Carolina
ASCP has launched an advocacy campaign aimed at staving off plans to close the Clinical Laboratory Sciences (CLS) program at Western Carolina University (WCU) this month. Applying a different strategy, ASCP members have been writing to North Carolina Governor Bev Perdue, urging her to use the state’s portion of the stimulus money to save the program; monies are allocated in the stimulus package for the training of health care professionals. Proponents of saving the school’s program assert that spending the money to maintain the CLS program is not only appropriate, but sensible because the program supplies laboratory personnel to North Carolina, Georgia, Tennessee and South Carolina. ASCP has gotten involved in numerous other campaigns to save CLS/MT programs nationwide. Such efforts demonstrate the importance of the field and the need to replenish the supply of qualified laboratory professionals. To take action and help save the CLS program at WCU, click here.
ASCP will keep readers informed through e-Policy on the latest developments regarding the potential closure of Western Carolina University’s CLS’ program.