ASCP/AMA Corner: ASCP Working in Concert with AMA

July 02, 2020

ASCP Partners with AMA on Budget Neutrality Measure
The Society has signed on a letter with the American Medical Association, urging the U.S. Department of Health and Human Services to waive the Medicare budget neutrality requirements for the Department’s new evaluation and management (E/M) coding and payment policy. Under the budget neutrality requirements, increases in payment for certain codes require offsetting decreases to other codes. CMS plans to significantly increase payment for E/M services. Unfortunately, the new policy is expected to impose an eight-percent cut on pathology services and comes at a particularly bad time. ASCP opposed that policy. If HHS full waives the budget neutrality requirements per ASCP’s request, the new E/M payment changes should not adversely affect pathologists.

Scope of Practice Expansions at VA Raises Concern
ASCP, the AMA and 77 state and specialty societies sent a letter to the Department of Veterans Affairs (VA), urging it to amend a recent directive (Directive 1899) circumventing state scope of practice laws for non-physician healthcare professionals in 32 specialties. While the directive is concerning, ASCP has verified that it should not change VA rules barring advance practice registered nurses from performing, supervising or interpreting laboratory test results.

Congress Urged to Support Telehealth Beyond COVID-19
ASCP is asking Congress, as part of its fourth COVID-19 relief legislation, to ensure that telehealth services are covered and remain available at the end of the COVID-19 public health emergency.

ASCP Supports Liability Protections for Physicians
ASCP is working with the AMA to urge Congressional leaders to support liability protection for physicians as part of the next COVID-19 relief package. Liability concerns have increased, owing to continually changing guidelines for COVID-19, as well as the demand on some physicians—due to personnel shortages—to practice outside their specialty. The protections sought provide targeted and limited liability shields where healthcare services are provided or withheld in situations that may be beyond the control of physicians/facilities (e.g., following government guidelines, directives, lack of resources) due to COVID-19. They would only provide liability protection for care provided in good faith during the COVID-19 public health emergency (plus a reasonable time, such as 60 days, after the emergency declaration ends), and would not cover situations of gross negligence or willful misconduct. These protections are outlined in bipartisan legislation, “the Coronavirus Provider Protection Act,” introduced last Friday by Reps. Phil Roe, MD (R-TN) and Lou Correa (D-CA). 

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For more information regarding ASCP's advocacy initiatives and policy positions, please contact ASCP's Center for Public Policy at (202) 408-1110. 

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