Tentative ‘Doc Fix’ Deal Would Cut Health Law’s Prevention Fund by $5B

After wrangling for weeks over how to finance a Medicare “doc fix,” House and Senate conferees have a聽plan.

Photo by Jessica Marcy/KHN

The proposal would cut聽 Medicare payments to hospitals and other providers for 鈥渂ad debt,鈥 Medicare payments to聽clinical聽laboratories聽and Medicaid 鈥渄isproportionate share鈥 payments to hospitals that serve many poor patients,聽 and divert $5 billion聽 from the health law鈥檚 $15 billion prevention fund.

In addition, Louisiana would not receive included in the health law, according to a GOP aide. Critics of that provision had dubbed the money 鈥渢he Louisiana purchase,鈥 but it was defended by聽Sen. Mary Landrieu, D-La.

Those funds would be used to stop a scheduled 27 percent Medicare physicians for the rest of the year, according to a tentative House-Senate conference deal that Congress is expected to consider this week. The 鈥渄oc fix鈥 is contained in a larger package designed to extend the current payroll tax holiday through the end of the year and provide additional financial assistance to the unemployed. 聽聽If there is enough support in both chambers, Congress could approve the package by the end of this week before heading out of town for the weeklong President鈥檚 Day recess.

A summary circulating Wednesday聽notes that cuts to health law funding comprise a聽large portion of the savings funding the Medicare spending in the agreement. The package would cost about $50 billion over the next decade, with about $20 billion going towards the Medicare doc fix and Medicare extenders package.

The negotiators plan to take $9.6 billion from areas that include payment cuts for clinical laboratory services and Medicare 鈥渂ad debt,鈥 payments Medicare makes to hospitals and nursing homes when patients cannot pay for their medical care. The tentative deal would reduce Medicaid 鈥渄isproportionate share鈥 payments to hospitals by more than $4 billion.

Concerning a package of Medicare policies known as 鈥渆xtenders,鈥澛犅爐he tentative deal would eliminate two 鈥 additional payments for mental-health services and a health law聽provision to increase payment for bone density scans. Two other extenders, one dealing with paying more to some rural聽hospitals to help cover high labor costs and another to allow independent laboratories to receive payments for the technical component of certain pathology services, would be phased out, giving providers time to adapt, according to the tentative deal. The package also 鈥渆xtends and reforms鈥 Medicare鈥檚 current cap exception for physical, speech pathology and occupational therapy, which allows eligible beneficiaries to get additional services,聽“by requiring…accountability, which will eliminate wasteful spending,鈥 according to the summary.

Additional Medicare payments for ambulance services, as well as a policy to base supplemental payments for聽Medicare physicians based on geographic factors and聽to provide more Medicare money to聽certain rural聽hospitals with 100 or fewer beds聽would all be extended.聽 The agreement calls for the聽Government Accountability Office, the Medicare Payment Advisory Commission and the 聽Centers for Medicare and Medicaid Services 鈥渢o report to Congress on their effectiveness and ways to greater protect taxpayer dollars.鈥

American Medical Association President Peter W. Carmel, M.D. said聽 that聽while doctors were pleased the deal would stop聽a reimbursement cut set to begin March 1, the package 鈥渞epresents a serious missed opportunity to permanently replace the flawed Medicare physician payment formula and protect access to care for military families and seniors.鈥

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