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  Summer Issue 2003
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Medicare Reimbursement Updates

By Leo Sands
Executive Vice President and Chief Administrative Officer
US Oncology

It is rare to pick up a newspaper or news magazine today that does not contain an article or reference to the increasing cost of healthcare in America, especially the rising costs for health insurance premiums and outpatient prescription drugs.

Our nation’s increasingly effective cancer care delivery system is not immune to these economic pressures. Today, more than 83% of all cancer care in the United States occurs in local communities, in the physician office setting. Oncologists, oncology nurses, and entire teams of cancer treatment program professionals stand ready in communities nationwide to fulfill an essential promise: to ensure the financial pressures affecting the healthcare delivery system do not compromise patient access to cancer care or the quality of care received. In fact, Nancy Davenport-Ennis, CEO and president of the Patient Advocate Foundation, refers to this commitment by physician office-based cancer care providers as “America’s Cancer Care Safety Net.”

And yet despite this acknowledged tribute to the community-based cancer care delivery system, cancer care providers have of late come under attack by the media and by the Centers for Medicare & Medicaid Services (CMS). These attacks have focused on the Medicare Part B (physician office) payment system for cancer care, which affects physician reimbursement for chemotherapy drugs and the amount patients must pay in the form of drug co-insurance.

Simply stated, the Medicare program pays more for chemotherapy drugs than the cost to doctors and pays less for services associated with administering the drugs than the actual costs. These “practice” costs include professional caregivers such as oncology nurses, social workers, case managers, and pharmacists.

In a report submitted to the U.S. General Accounting Office in 2001, a national network of oncology practices submitted aggregate data for approximately 650 oncologists practicing in 27 states that demonstrated that for all Medicare drug treatments provided in 2000 by these treatment centers, the result was a 1.8% net profit margin due to the following:

  • underpayments for chemotherapy services.
  • the large number of Medicare beneficiaries who have no or insufficient Medicare Part B supplemental insurance coverage.
  • the increasing inability of Medicare beneficiaries to afford the high patient co-insurance amounts for the new, more effective, but very expensive cancer treatment and supportive care drugs
  • patients who lack supplemental insurance coverage and are not eligible for assistance programs such as state Medicaid.
  • Medicare denying reimbursement to physician offices for treatments after they have been provided to the patient.

    Today, for Medicare and many managed care plans, drug therapies are sometimes denied coverage for one type of cancer even when they are covered for another type. “Paperwork” requirements have increased to the point of absurdity, leading to delays of many months in approvals by health plans for coverage for the newer, more effective treatments.

    On the average, an oncologist in private practice will see more than 200 new cancer patients each year. In a typical oncology practice, about half of the patients are Medicare beneficiaries. The remaining patients with healthcare benefits are covered by a variety of managed care or other health plans, or are able to participate in state programs such as Medicaid. An increasing number of community oncology practice patients are uninsured. According to a 1999 report from the Medical Group Management Association, approximately 3.4% of a medical practice’s charges end up as bad debt (equal to approximately 7.5% of net patient payments). These amounts represent uncompensated care of 15-20 cancer patients per full-time oncologist, per year.

    Frequently over the past few years, CMS has tried to force steep reductions in Medicare drug reimbursement without corresponding, simultaneous increases in payments for cancer care services, which have been estimated to be as low as 20% of actual practice expenses. These attempts have been unsuccessful because CMS and Congress have realized that an unbalanced reimbursement reform process would create significant losses for Medicare-participating providers and could result in access problems for patients.

    Underpayments for physician office services are reaching a crisis level. A 2002 report from the American Medical Association stated that if Medicare keeps slashing payments, 42% of doctors plan to drop out of the plan. The Mayo Clinic, Jacksonville, Florida, stopped accepting Medicare as payment for its services as of Jan. 1, 2003. With more than half its patients on Medicare, the Jacksonville clinic believed it could no longer absorb the payment cuts.

    In April 2003, Reps. Charles Norwood, R-Ga., and Lois Capps, D-Calif., introduced legislation that will reform the Medicare system and address many of the issues now under discussion.

    The Quality Cancer Care Preservation Act would increase Medicare reimbursement for practice expenses while reimbursing chemotherapy drugs at rates closer to cost.

    The new bill is supported by the Oncology Nursing Society, the American Society of Clinical Oncology (ASCO), the Community Oncology Alliance, US Oncology, and the Cancer Leadership Council, a 29-member, patient-led coalition of national cancer patient advocacy organizations, professional societies, and research organizations. The legislation now has 85 bipartisan co-sponsors.

    In their letter of support for The Quality Cancer Care Preservation Act, the Cancer Leadership Council stresses the importance of balancing reductions in payments for drugs with what has been a “severe underpayment for services associated with administering chemotherapy in the outpatient setting.”

    To read the bill in its entirety, go to thomas.loc.gov (type in H. R. 1622) or the ASCO Grassroots Action Center at www.capwiz.com/asco.

    Our goal in the oncology community is to keep you informed of emerging reimbursement reform initiatives affecting cancer care. For a succinct discussion of the issues and needs, visit the following websites: