Advocacy Update: Is Your Practice Equipped to Handle Looming Changes in Dermatopathology?
In July 2021, the Centers for Medicare & Medicaid Services (CMS) published a proposed fee schedule that will negatively impact practices that perform dermatopathology services. In this article, we review the proposed new and improved codes and values for pathology consultation codes as well as new payment rates. We also discuss the proposed 2022 quality payment program (QPP), and we provide an update on the 21st Century Cures Act (Cures Act) and its impact on dermatopathology reports.
Practice Points
- A proposed 2022 fee schedule negatively impacting dermatopathology practices has been published by the Centers for Medicare & Medicaid Services (CMS) in July 2021.
- New pathology consultation codes with new payment rates proposed by CMS can be used starting January 1, 2022.
- The 21st Century Cures Act Final Rule has information blocking provisions.
In its proposed 2022 QPP regulations, the CMS proposed an increase of the performance threshold from 60 MIPS points to 75 MIPS points. It also proposed an increase of the exceptional Performance Threshold from 85 MIPS points to 89 MIPS points.
The CMS also proposed notable scoring changes for quality measures, including removing the 3-point floor for measures that can be scored against a benchmark. These measures would receive 1 to 10 points. Measures without a benchmark or that do not meet case requirements would earn 0 points, with an exception for small practices. The CMS also proposed removing bonus points for reporting additional outcomes and high-priority measures beyond the 1 that is required, as well as establishing a 5-point floor for the first 2 performance periods for new measures, which is in line with the CAP’s advocacy.
The Pathology Specialty Measure Set will remain the same as the 2021 set containing 6 quality measures, including the AADA-stewarded quality measure #440 (skin cancer: biopsy reporting time—pathologist to clinician). Although the CAP recognizes the importance of prompt turnaround of biopsy reports, it also is working with the CMS and the AADA to mitigate the operational challenges dermatopathologists encounter when using this measure.
Due to advocacy from the CAP, the CMS included a CAP-proposed improvement activity on implementation of a laboratory preparedness plan to support continued or expanded patient care during the COVID-19 pandemic or another public health emergency. This plan should address how the laboratory would maintain or expand access to improve beneficiary health outcomes and reduce health care disparities.
The CAP has actively worked with the CMS to demonstrate the need for more appropriate and alternative measures and improvement activities so that pathologists can more fully participate in MIPS.
