Opportunity Knocked, But Congress Did Not Listen
Are you tired of hearing about the “SGR” yet? By now, the answer is probably “yes.” The SGR, or Sustainable Growth Rate, formula used to determine payments to physicians in the Medicare program is the proverbial “thorn in the side” federal legislative issue for physicians. For more than a decade, the physician community has urged Congress to permanently repeal the flawed formula, and this spring was supposed to be “the time.” Unfortunately, Congress (again) lacked the political will to make this generally despised issue disappear. Read on for an overview of the past, present, and future outlook for ridding the House of Medicine of this flawed formula that continues to wreak havoc on physicians and patients within the Medicare program. Past: What is the SGR and Where Did It Come From? The SGR became law as part of the Budget Control Act of 1997, and was intended to act as a mechanism to ensure that the yearly increase in the expense per Medicare beneficiary did not exceed the growth in GDP (gross domestic product). However, one inherent flaw of the formula is that it assumes a positive correlation between the GDP and Medicare spending. So, in a strong economy, GDP and spending would theoretically grow at a similar rate and payments would remain positive. However, in a weaker economy, when spending exceeds the GDP, the formula is designed to trigger reductions in Medicare physician payment rates. The triggered reductions came to fruition in the early 2000s and have resulted in an annual exercise of intense lobbying from the physician community to spur Congressional action to prevent (usually at the last minute) the payment cuts. Congress has prevented scheduled cuts from going into effect each year except for 2002, when physicians absorbed a nearly five percent cut in their Medicare payments. Compounding the complexity of this issue is the cumulative nature of each year’s scheduled cut. In basic terms, Congress’ proclivity for short-term remedies for this long-term problem means that with each year’s payment “patch,” the percent of the next year’s cut, and the estimated cost of repealing the formula, grows. Present: The “Stars Aligning” (February 2013 through Spring 2014) Since the SGR emerged as an annual issue for Congress, there has been broad (and growing) bipartisan support for permanently repealing the flawed formula. However, two issues have regularly been blamed for thwarting these efforts. First, lack of agreement from the physician community regarding what type of payment policy should replace the SGR. Second, simply put, cost. Despite these challenges, the “stars began to align” in early 2013 (see box next page), and it became widely believed that the year that the SGR issue would finally—and permanently—be resolved had arrived. First, leaders from the Congressional committees with jurisdiction over Medicare collectively stated in early 2013 that repealing the SGR formula would be their top priority for the year. These statements spurred an ongoing dialogue between Capitol Hill and the physician community in order to craft, and eventually coalesce around, a new payment model designed to better incentivize the delivery of high-quality, efficient healthcare. Around the same time, the Congressional Budget Office (CBO) released an updated projection of the estimated cost of SGR repeal—reducing the amount to $138 billion during 10 years. Previous estimates had scored SGR repeal at more than $300 billion. Throughout the remainder of 2013, efforts to repeal the SGR continued. By year’s end, the House Energy and Commerce (E&C), House Ways and Means (W&M), and Senate Finance Committees had each unanimously passed versions of the SGR repeal policy that had evolved with input from the physician community, and lawmakers agreed they would likely only need a couple of more months to finalize offsets for the permanent package. As a result, Congress passed an amendment to the Bipartisan Budget Act of 2013 to halt (for three months) the 24 percent cut in Medicare physician payments scheduled for January 1, 2014. Instead, physicians received a .5 percent positive increase during that time. This payment “bridge” was intended to avoid payment disruptions as Congress completed its work on permanent SGR repeal legislation during the first several months of 2014. Initially, it seemed as though Congress was poised to keep its word in terms of continuing to work on the SGR issue in the new year. In February, the aforementioned Congressional committees announced they had successfully negotiated the “melding” of the policy included in their respective SGR bills and that conversations to identify the necessary offsets for the bill could/would begin. Unfortunately though, the introduction of the finalized bill coincided with the departure of one of SGR repeal’s key champions, Senate Finance Committee Chairman Max Baucus (D-MT). Ultimately, Chairman Baucus’ departure (to become Ambassador to China) acted as a double-edged sword for ongoing SGR efforts. It spurred the final bill to be introduced, but it also delivered a serious blow to the momentum needed to actually achieve final passage of a bipartisan, bicameral permanent SGR repeal package (H.R. 4015/S. 2000). In the weeks following, the necessary offset negotiations failed to materialize and leaders in the U.S. House of Representatives opted to put forth a partisan offset (delay of the ACA individual mandate) as the key funding for H.R. 4015, and passed the bill on March 14. While many lawmakers argued their strategy was simply to pass the bill from the chamber, the partisan politics slowed action in the U.S. Senate. Dueling bills were subsequently introduced in the upper chamber, using equally partisan offsets. As a result, the likelihood of permanent repeal by the March 31 deadline began to fade, and Congressional leaders began preparing a 12-month SGR patch, the decade’s 17th temporary fix. In an unprecedented move, the physician community, including the AAO-HNS, reacted to the Congressional leadership’s “bait and switch” by actively opposing the proposed 12-month patch, and instead urged lawmakers to continue work on the policy agreement that had previously been negotiated. Unfortunately though, House leaders ignored the pleas from the physician community, and on March 27 resorted to unprecedented stealth floor tactics to force a voice vote on the patch and avoid an “on the record” vote tally. The U.S. Senate followed suit on March 31, passing the temporary SGR bill by a vote of 64-35. The President signed the bill into law soon thereafter. Future: Hard to See an Immediate Path Forward Despite Congress’ claim that the large price tag (currently about $150 billion) associated with permanent SGR repeal remains its greatest roadblock, the fiscal reality is that the total price of all the SGR patches to date exceeds the cost of permanent repeal. And, another patch only increases the price of any future effort to permanently repeal the flawed SGR formula. Most importantly, the length of the negotiated patch seriously diminishes the likelihood of permanent repeal in the near future. Although Congressional leaders claim efforts to permanently repeal the SGR formula can still be advanced in the coming months, several variables—mid-term elections, a lame duck Congress, followed by potential leadership changes in the 114th Congress—raise serious doubts about the viability of advancing a permanent package before another patch would be necessary in March 2015. The AAO-HNS is extremely disappointed with the inability of Congress to deliver on its promise to seek bipartisan offsets for the permanent SGR bill. Congress missed a critical opportunity to—finally—provide stability for the nation’s seniors and physicians participating in the Medicare program. Interested in more information? Contact legfederal@entnet.org with specific questions regarding the process and policy outlined above. In addition, visit the Legislative and Political Affairs webpage at www.entnet.org/advocacy to view the Academy’s SGR comment letters and/or additional information about the negotiated policy to repeal the SGR.
Are you tired of hearing about the “SGR” yet? By now, the answer is probably “yes.” The SGR, or Sustainable Growth Rate, formula used to determine payments to physicians in the Medicare program is the proverbial “thorn in the side” federal legislative issue for physicians. For more than a decade, the physician community has urged Congress to permanently repeal the flawed formula, and this spring was supposed to be “the time.” Unfortunately, Congress (again) lacked the political will to make this generally despised issue disappear. Read on for an overview of the past, present, and future outlook for ridding the House of Medicine of this flawed formula that continues to wreak havoc on physicians and patients within the Medicare program.
Past: What is the SGR and Where Did It Come From?
The SGR became law as part of the Budget Control Act of 1997, and was intended to act as a mechanism to ensure that the yearly increase in the expense per Medicare beneficiary did not exceed the growth in GDP (gross domestic product). However, one inherent flaw of the formula is that it assumes a positive correlation between the GDP and Medicare spending. So, in a strong economy, GDP and spending would theoretically grow at a similar rate and payments would remain positive. However, in a weaker economy, when spending exceeds the GDP, the formula is designed to trigger reductions in Medicare physician payment rates.
The triggered reductions came to fruition in the early 2000s and have resulted in an annual exercise of intense lobbying from the physician community to spur Congressional action to prevent (usually at the last minute) the payment cuts. Congress has prevented scheduled cuts from going into effect each year except for 2002, when physicians absorbed a nearly five percent cut in their Medicare payments. Compounding the complexity of this issue is the cumulative nature of each year’s scheduled cut. In basic terms, Congress’ proclivity for short-term remedies for this long-term problem means that with each year’s payment “patch,” the percent of the next year’s cut, and the estimated cost of repealing the formula, grows.
Present: The “Stars Aligning” (February 2013 through Spring 2014)
Since the SGR emerged as an annual issue for Congress, there has been broad (and growing) bipartisan support for permanently repealing the flawed formula. However, two issues have regularly been blamed for thwarting these efforts. First, lack of agreement from the physician community regarding what type of payment policy should replace the SGR. Second, simply put, cost. Despite these challenges, the “stars began to align” in early 2013 (see box next page), and it became widely believed that the year that the SGR issue would finally—and permanently—be resolved had arrived.
First, leaders from the Congressional committees with jurisdiction over Medicare collectively stated in early 2013 that repealing the SGR formula would be their top priority for the year. These statements spurred an ongoing dialogue between Capitol Hill and the physician community in order to craft, and eventually coalesce around, a new payment model designed to better incentivize the delivery of high-quality, efficient healthcare. Around the same time, the Congressional Budget Office (CBO) released an updated projection of the estimated cost of SGR repeal—reducing the amount to $138 billion during 10 years. Previous estimates had scored SGR repeal at more than $300 billion.
Throughout the remainder of 2013, efforts to repeal the SGR continued. By year’s end, the House Energy and Commerce (E&C), House Ways and Means (W&M), and Senate Finance Committees had each unanimously passed versions of the SGR repeal policy that had evolved with input from the physician community, and lawmakers agreed they would likely only need a couple of more months to finalize offsets for the permanent package. As a result, Congress passed an amendment to the Bipartisan Budget Act of 2013 to halt (for three months) the 24 percent cut in Medicare physician payments scheduled for January 1, 2014. Instead, physicians received a .5 percent positive increase during that time. This payment “bridge” was intended to avoid payment disruptions as Congress completed its work on permanent SGR repeal legislation during the first several months of 2014.
Initially, it seemed as though Congress was poised to keep its word in terms of continuing to work on the SGR issue in the new year. In February, the aforementioned Congressional committees announced they had successfully negotiated the “melding” of the policy included in their respective SGR bills and that conversations to identify the necessary offsets for the bill could/would begin. Unfortunately though, the introduction of the finalized bill coincided with the departure of one of SGR repeal’s key champions, Senate Finance Committee Chairman Max Baucus (D-MT). Ultimately, Chairman Baucus’ departure (to become Ambassador to China) acted as a double-edged sword for ongoing SGR efforts. It spurred the final bill to be introduced, but it also delivered a serious blow to the momentum needed to actually achieve final passage of a bipartisan, bicameral permanent SGR repeal package (H.R. 4015/S. 2000).
In the weeks following, the necessary offset negotiations failed to materialize and leaders in the U.S. House of Representatives opted to put forth a partisan offset (delay of the ACA individual mandate) as the key funding for H.R. 4015, and passed the bill on March 14. While many lawmakers argued their strategy was simply to pass the bill from the chamber, the partisan politics slowed action in the U.S. Senate. Dueling bills were subsequently introduced in the upper chamber, using equally partisan offsets. As a result, the likelihood of permanent repeal by the March 31 deadline began to fade, and Congressional leaders began preparing a 12-month SGR patch, the decade’s 17th temporary fix.
In an unprecedented move, the physician community, including the AAO-HNS, reacted to the Congressional leadership’s “bait and switch” by actively opposing the proposed 12-month patch, and instead urged lawmakers to continue work on the policy agreement that had previously been negotiated. Unfortunately though, House leaders ignored the pleas from the physician community, and on March 27 resorted to unprecedented stealth floor tactics to force a voice vote on the patch and avoid an “on the record” vote tally. The U.S. Senate followed suit on March 31, passing the temporary SGR bill by a vote of 64-35. The President signed the bill into law soon thereafter.
Future: Hard to See an Immediate Path Forward
Despite Congress’ claim that the large price tag (currently about $150 billion) associated with permanent SGR repeal remains its greatest roadblock, the fiscal reality is that the total price of all the SGR patches to date exceeds the cost of permanent repeal. And, another patch only increases the price of any future effort to permanently repeal the flawed SGR formula.
Most importantly, the length of the negotiated patch seriously diminishes the likelihood of permanent repeal in the near future. Although Congressional leaders claim efforts to permanently repeal the SGR formula can still be advanced in the coming months, several variables—mid-term elections, a lame duck Congress, followed by potential leadership changes in the 114th Congress—raise serious doubts about the viability of advancing a permanent package before another patch would be necessary in March 2015. The AAO-HNS is extremely disappointed with the inability of Congress to deliver on its promise to seek bipartisan offsets for the permanent SGR bill. Congress missed a critical opportunity to—finally—provide stability for the nation’s seniors and physicians participating in the Medicare program.
Interested in more information? Contact legfederal@entnet.org with specific questions regarding the process and policy outlined above. In addition, visit the Legislative and Political Affairs webpage at www.entnet.org/advocacy to view the Academy’s SGR comment letters and/or additional information about the negotiated policy to repeal the SGR.