Legislative and Regulatory Advocacy: What’s the Difference?
As a key component of my year as President, I want to stress and strengthen our advocacy activities. “How a bill becomes a law” is complicated, but can be broken into two main processes: development and implementation. Not surprisingly, many of our members are often confused by the difference between the roles of the Academy’s Government Affairs (GA) and Health Policy (HP) departments. Both are necessary, and collaboration is frequently required. To help simplify the roles, GA/Legislative Advocacy handles everything that happens until a bill is signed into law. They are the “shapers,” and the key players are the U.S. Congress and state legislators. Then, HP/Regulatory Advocacy monitors how a new law is executed or interpreted via rules and regulations. They are the “fine tuners,” and their key players are the Administration and related agencies (CMS, HHS, FDA, etc.). Healthcare reform and the Patient Protection and Affordable Care Act (ACA) give a perfect example of how the two areas must work together. GA handled all the legislative advocacy efforts until the ACA was passed by Congress. Now, HP is advocating for the appropriate implementation of the policies stipulated in the bill. However, attempts to modify the law in 2011 will require resumed legislative efforts, and the whole process starts again! The politics of it all The result of the contentious 2010 mid-term elections drastically altered the lawmaking process for the 112th Congress. A divided Congress (Republican control in the U.S. House of Representatives and slim Democratic control in the U.S. Senate) means that, theoretically, there is more opportunity to legislate from “the middle.” However, healthcare efforts are so ideologically charged that many new and/or recurring legislative efforts could stall. In 2011, Republican control in the House is expected to result in increased efforts to repeal and/or drastically modify the ACA. The GA team will continue to work independently and in collaboration with the Surgical Coalition to urge Congress to make necessary changes to the ACA. The top priority for the AAO-HNS is repeal and/or modifications to the Independent Payment Advisory Board (IPAB). Also, given the divided Congress, the Administration will ultimately be forced to abandon some of its more liberal agenda items if it expects to secure significant legislative achievements in the last two years of the President’s term. Of course, Republicans and Democrats also will begin publicizing their perceived victories as a platform for the 2012 elections. The election cycle never ends. Like politicking, advocacy never really stops. Although the GA and HP teams handle different aspects of the law-making process, collaboration is a daily event. Many issues require legislative action each year in order to ensure appropriate funding. As examples, NIH and other research funding, and Medicare physician payment and applicable rule-making are re-occurring “staples” of the AAO-HNS advocacy priorities. Accomplishments Here’s another way to distinguish the complementary, yet distinct, roles of GA and HP. For 2010, the top five GA federal and state legislative accomplishments were: Prevented direct access legislation from advancing in Congress, and successfully opposed/negotiated scope-of-practice bills in New York, Pennsylvania, Virginia, and Wisconsin. Halted a 25-percent cut in Medicare physician payments scheduled for January 1, 2011. Defeated a federal proposal to tax hearing aids. Stopped a federal tax on elective cosmetic procedures, and defeated proposals to tax medical services in Georgia, Oregon, and Washington. Secured introduction of “truth in advertising” legislation at the federal level. Under HP, the top five socioeconomic and federal regulatory accomplishments for 2010 were: Received CMS approval for separate payment for Canalith repositioning (Epley Maneuver) procedure beginning January 1, 2011. Obtained CMS approval for three new nasal/sinus endoscopy codes for January 1, 2011. Secured Aetna coverage of therapeutic fracture of nasal inferior turbinates when performed on the same date as septoplasty without a modifier. Reversed Humana coverage policy limiting use of miniCT scans for most sinusitis indications as of November 5, 2010. Overturned AMA and CMS decision to bundle payment of vestibular function test codes performed on the same patient on the same day. This year is expected to be another period of heightened activity for our GA and HP advocacy teams. We are very fortunate to have dedicated, knowledgeable, and effective advocacy staff in the Academy, and we would not be able to function as effectively without their expertise. Our successes are contingent upon the active involvement and engagement of AAO-HNS members in our advocacy initiatives. Help us to help you. Be an advocacy leader and make your voice heard.
As a key component of my year as President, I want to stress and strengthen our advocacy activities. “How a bill becomes a law” is complicated, but can be broken into two main processes: development and implementation. Not surprisingly, many of our members are often confused by the difference between the roles of the Academy’s Government Affairs (GA) and Health Policy (HP) departments. Both are necessary, and collaboration is frequently required.
To help simplify the roles, GA/Legislative Advocacy handles everything that happens until a bill is signed into law. They are the “shapers,” and the key players are the U.S. Congress and state legislators. Then, HP/Regulatory Advocacy monitors how a new law is executed or interpreted via rules and regulations. They are the “fine tuners,” and their key players are the Administration and related agencies (CMS, HHS, FDA, etc.).
Healthcare reform and the Patient Protection and Affordable Care Act (ACA) give a perfect example of how the two areas must work together. GA handled all the legislative advocacy efforts until the ACA was passed by Congress. Now, HP is advocating for the appropriate implementation of the policies stipulated in the bill. However, attempts to modify the law in 2011 will require resumed legislative efforts, and the whole process starts again!
The politics of it all
The result of the contentious 2010 mid-term elections drastically altered the lawmaking process for the 112th Congress. A divided Congress (Republican control in the U.S. House of Representatives and slim Democratic control in the U.S. Senate) means that, theoretically, there is more opportunity to legislate from “the middle.” However, healthcare efforts are so ideologically charged that many new and/or recurring legislative efforts could stall.
In 2011, Republican control in the House is expected to result in increased efforts to repeal and/or drastically modify the ACA. The GA team will continue to work independently and in collaboration with the Surgical Coalition to urge Congress to make necessary changes to the ACA. The top priority for the AAO-HNS is repeal and/or modifications to the Independent Payment Advisory Board (IPAB).
Also, given the divided Congress, the Administration will ultimately be forced to abandon some of its more liberal agenda items if it expects to secure significant legislative achievements in the last two years of the President’s term. Of course, Republicans and Democrats also will begin publicizing their perceived victories as a platform for the 2012 elections. The election cycle never ends.
Like politicking, advocacy never really stops. Although the GA and HP teams handle different aspects of the law-making process, collaboration is a daily event. Many issues require legislative action each year in order to ensure appropriate funding. As examples, NIH and other research funding, and Medicare physician payment and applicable rule-making are re-occurring “staples” of the AAO-HNS advocacy priorities.
Accomplishments
Here’s another way to distinguish the complementary, yet distinct, roles of GA and HP. For 2010, the top five GA federal and state legislative accomplishments were:
- Prevented direct access legislation from advancing in Congress, and successfully opposed/negotiated scope-of-practice bills in New York, Pennsylvania, Virginia, and Wisconsin.
- Halted a 25-percent cut in Medicare physician payments scheduled for January 1, 2011.
- Defeated a federal proposal to tax hearing aids.
- Stopped a federal tax on elective cosmetic procedures, and defeated proposals to tax medical services in Georgia, Oregon, and Washington.
- Secured introduction of “truth in advertising” legislation at the federal level.
Under HP, the top five socioeconomic and federal regulatory accomplishments for 2010 were:
- Received CMS approval for separate payment for Canalith repositioning (Epley Maneuver) procedure beginning January 1, 2011.
- Obtained CMS approval for three new nasal/sinus endoscopy codes for January 1, 2011.
- Secured Aetna coverage of therapeutic fracture of nasal inferior turbinates when performed on the same date as septoplasty without a modifier.
- Reversed Humana coverage policy limiting use of miniCT scans for most sinusitis indications as of November 5, 2010.
- Overturned AMA and CMS decision to bundle payment of vestibular function test codes performed on the same patient on the same day.
This year is expected to be another period of heightened activity for our GA and HP advocacy teams. We are very fortunate to have dedicated, knowledgeable, and effective advocacy staff in the Academy, and we would not be able to function as effectively without their expertise. Our successes are contingent upon the active involvement and engagement of AAO-HNS members in our advocacy initiatives. Help us to help you. Be an advocacy leader and make your voice heard.