Draft_Minutes_January_11,_2017_Medical_Services_Committee_Call
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NASL <strong>Medical</strong> <strong>Services</strong> <strong>Committee</strong> Meeting<br />
<strong>Minutes</strong><br />
<strong>January</strong> 12, <strong>2017</strong><br />
<strong>11</strong>:00 am – 12:00 pm EST<br />
Martha Schram, Chair<br />
Mike Capstick, Vice Chair<br />
I. Welcome<br />
Martha Schram, NASL <strong>Medical</strong> <strong>Services</strong> <strong>Committee</strong> Chair, was delayed joining the call,<br />
so Cynthia Morton, NASL Executive Vice President, called the meeting to order. Martha<br />
welcomed Leigh Ann Frick, President of Care Navigation Consulting, LLC, to the call.<br />
Leigh Ann is returning to NASL as the newest Associate member.<br />
There were no minutes to approve for the December 8, 2016 <strong>Medical</strong> <strong>Services</strong><br />
<strong>Committee</strong> Conference <strong>Call</strong> as Cynthia Morton, presented on “Insights on the Near<br />
Future of Medicare and Medicaid under a New Administration” in lieu of a meeting.<br />
Slides from the webinar are available to members in the NASL MemberHQ.<br />
Cynthia provided highlights of NASL’s <strong>2017</strong> Winter Legislative & Regulatory<br />
Conference, February 6-8, <strong>2017</strong>, at the Loews Madison Hotel in Washington, D.C.<br />
Cynthia reiterated the Hill Day (February 8) is a very important opportunity for <strong>Medical</strong><br />
<strong>Services</strong> <strong>Committee</strong> members to advocate for the repeal of the Therapy Cap. The<br />
conference will feature a panel of staff from the professional therapy associations --<br />
American Occupational Therapy Association (AOTA), American Speech-Language-<br />
Hearing Association (ASHA) and American Physical Therapy Association<br />
(APTA). Martha asked that <strong>Medical</strong> <strong>Services</strong> <strong>Committee</strong> members share any regulatory<br />
or legislative topics that they would like the panel to address.<br />
II.<br />
Legislative Update<br />
Cynthia Morton and Andrea Price-Carter, NASL’s Director of Government Relations,<br />
provided an update on the following legislative proposals:<br />
<br />
Affordable Care Act Repeal and Replace Activities<br />
The Senate took a first step toward repeal of the Affordable Care Act by adopting a<br />
fiscal year <strong>2017</strong> budget resolution. The Senate adopted the budget resolution by a 51-<br />
48 vote. The budget resolution includes reconciliation instructions directing<br />
specified House and Senate committees to produce legislation (by <strong>January</strong> 27 th )<br />
requesting that they meet numerical targets for changes in spending, taxes, or the debt<br />
limit. The House is planning to vote on the budget resolution as early as Friday, amid<br />
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doubts regarding voting for repeal without laying out more details about the eventual<br />
replacement.<br />
<br />
Medicare Post-Acute Care Value-Based Purchasing Act (H.R. 3298) / PAC VBP<br />
2.0<br />
In mid-December the House Ways and Means Subcommittee on Health shared with<br />
stakeholders a revised version of draft legislation, “PAC VBP 2.0” The proposal<br />
reflects feedback received from NASL and seven PAC provider community<br />
organizations -- along with several new provisions. The proposal -- H.R. 3298, the<br />
Medicare Post-Acute Care Value-Based Purchasing (PAC VBP) Act of 2015 -- was<br />
previously introduced by the House Ways and Means <strong>Committee</strong> Chairman Kevin<br />
Brady (R-TX) and Rep. Ron Kind. The bill establishes a new PAC VBP program<br />
that would apply to all PAC providers and begins in 2020.<br />
Cynthia highlighted a few major provisions of the bill, which includes:<br />
<br />
<br />
<br />
<br />
<br />
<br />
The legislation would create a value-based purchasing program beginning in the<br />
payment year after October 1, 2019;<br />
Providers would be subject to a withhold of their reimbursement and eligible to<br />
earn it back through a value-based incentive payment based on their performance<br />
on specified resource and quality measures;<br />
Providers would be split into two tracks for purposes of determining the withhold<br />
amount.<br />
Those providers falling under the high-performance risk track would see higher<br />
levels of withholds while providers falling under the low-performance risk track<br />
would have lower levels of withholds from 1-2%.<br />
Providers can earn back the withhold through incentive payments based on their<br />
performance on primarily the Medicare Spending per Beneficiary (MSPB)<br />
measure created by the IMPACT Act.<br />
The Secretary has considerable discretion to use contractors to construct the<br />
current MSPB measure which is extremely complex.<br />
NASL is concerned about several provisions in the revised legislation and will<br />
continue to work with our PAC Coalition partners to develop comments to the<br />
proposal. The Ways and Means <strong>Committee</strong> has indicated that it intends to move the<br />
bill early in the <strong>11</strong>5 th Congress.<br />
III.<br />
New <strong>2017</strong> OT and PT Outpatient Therapy Evaluation Codes Update<br />
Cynthia provided an update on the new evaluation and re-evaluation the new Current<br />
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Procedural Terminology (CPT) codes for physical therapy (PT) and occupational therapy<br />
(OT), that became effective <strong>January</strong> 1, <strong>2017</strong>. She stated that during a webinar with<br />
AOTA, they clarified that they developed an updated position that changes the discussion<br />
of performance deficits on that component of the evaluation codes. AOTA is preparing a<br />
one-pager description of the change available later in the month. The December 22, 2016<br />
AOTA slides are available here:<br />
http://nasl.mymemberfuse.com/resources2/view/profile/id/72677<br />
CMS Issued a Technical Direction letters to MACs to correct PT and OT<br />
Evaluation Codes Edit Errors. Cynthia noted that CMS issued a Technical Direction<br />
letter to MACs to correct PT and OT Evaluation Codes edits errors. The National<br />
Correct Coding Initiative (NCCI) edits tables that apply to Part B claims for <strong>January</strong> 1<br />
through March 31, <strong>2017</strong>, contained errors in the edits that apply to the new PT & OT<br />
evaluation code combinations. In the table, some OT & PT code combinations could not<br />
be billed on the same day even with an appropriate modifier.<br />
CMS has issued a technical direction (TDL) to the MACs instructing them to utilize a<br />
work-around from <strong>January</strong> 1 through March 31, <strong>2017</strong> to bypass the incorrect procedureto-procedure<br />
(PTP) edits for the Current Procedural Terminology (CPT) PT and OT<br />
evaluation codes, until they can be correctly updated in the April 1, <strong>2017</strong> version of the<br />
NCCI edits tables. The American Health Care Association (AHCA) has done good work<br />
on this and the two letters from CMS to AHCA to address this issue are available here.<br />
NASL’s Payers Issues Workgroup will continue to monitor the TDL to the MACs, and<br />
how the PTP edits for the evaluation codes are being resolved. The next Payers Issues<br />
Workgroup conference call is scheduled for <strong>January</strong> 24, <strong>2017</strong>.<br />
IV.<br />
IMPACT Act Workgroup Update<br />
JoAnne Wisely, Genesis Healthcare Corporation, and Bob Latz, Trinity Rehab <strong>Services</strong>,<br />
IMPACT Act Workgroup Co-chairs, provided an update on the workgroup’s recent<br />
activities, which included the following activities:<br />
<br />
<br />
The group recently submitted comments on CMS’ proposed specification on four<br />
functional status quality measures (QM) for SNFs.<br />
NASL submitted comments on the RAND PROMIS Item Set Data Elements.<br />
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NASL members participated in the Post-Acute Care (PAC) Cross-Setting<br />
Standardized Patient Assessment Data Technical Expert Panel (TEP), <strong>January</strong> 5-<br />
6, <strong>2017</strong>. Highlights of the TEP will be discussed during the upcoming IMPACT<br />
Act Workgroup conference call.<br />
NASL members will participate in another TEP, “Transfer of Health Information<br />
Data at Admission TEP” at the end of <strong>January</strong> <strong>2017</strong>.<br />
Related to the Transfer of Health Information, RTI is looking for PAC facilities to<br />
pilot test the transfer of health information.<br />
The next IMPACT Act Workgroup Conference <strong>Call</strong> is scheduled for <strong>January</strong> 12, <strong>2017</strong>.<br />
V. Membership Report<br />
Donna Doneski, NASL’s Director of Policy and Membership reported that NASL<br />
has welcomed back as our newest Associate level member, Leigh Ann Frick,<br />
President of Care Navigation Consulting, LLC. Donna also reiterated NASL’s<br />
Winter Meeting is a prime opportunity to engage potential members – particularly<br />
in light of the advocacy opportunities relating to the repeal of the Therapy Cap.<br />
<strong>Medical</strong> <strong>Services</strong> <strong>Committee</strong> members should contact Donna for further details on<br />
inviting potential members to the meeting. NASL’s Annual Meeting in Nashville<br />
also brought us a new Bronze level member, The Therapy Zone, Inc. Martha<br />
Shaker and several others met and spoke with Georgia Johnston at our<br />
conference.<br />
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