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The Centers for Medicare & Medicaid Services (CMS) has notified MGMA that it plans to start distributing 2019 performance year advanced alternative payment model (APM) incentive payments beginning Thursday, June 24. Group practices that participated in an advanced APM in 2019 and whose clinicians achieved qualifying participant (QP) status by meeting patient or payment thresholds in 2019 should begin receiving these 5% bonus payments in the coming days. CMS plans to publish a notice for any providers that expect to receive these payments but do not, so that they can provide the agency with the appropriate information to receive their payment. 

This morning, the U.S. Supreme Court dismissed a challenge to the Affordable Care Act (ACA), leaving the law intact. In the 7-2 decision, the justices said the challengers of the law lacked standing to bring the case. The case, California v. Texas, centered around the ACA’s individual mandate, which required individuals to obtain minimum health insurance coverage or face a tax penalty. Once the tax penalty was set to $0 in a subsequent tax law, the plaintiffs argued that without the tax consequences associated with the individual mandate, the individual mandate was unconstitutional and the rest of the ACA must be found unconstitutional as well. The Court threw out this challenge to the law today due to lack of legal standing because the plaintiffs could not show injury.

HHS releases updated PRF reporting guidance, establishes new deadlines

The Department of Health & Human Services (HHS) released long-awaited updates to reporting guidance for the Provider Relief Fund (PRF). According to the press release and the newly updated Post-Payment Notice of Reporting Requirements document, only relief funds received prior to June 30, 2020, must be expended by June 30, 2021, a deadline that the Department established previously. HHS designated four different reporting periods and deadlines to use funds based on the dates relief funds were initially received. HHS also heeded MGMA's recommendation to extend the 30-day reporting period to a full 90 days following the spending deadline for each period. Finally, the announcement indicates that the PRF Reporting Portal will allow providers to begin reporting their use of funds on July 1, 2021. Providers that received one or more payments exceeding $10,000 in the aggregate during a single Payment Received Period will be required to report. Additional resources, including a reporting toolkit, will become available upon the opening of the Reporting Portal. 

OSHA announces new COVID-19 temporary standard for healthcare settings

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a COVID-19 emergency temporary standard (ETS) and accompanying FAQ with implications for healthcare employers. In part, under the ETS, a covered employer must:

•  Develop a “COVID-19 plan,” which includes a workplace-specific hazard assessment,
•  Clean and disinfect the workplace,
•  Screen employees for COVID-19 and follow requirements for removing employees from the workplace,
•  Ensure physical distancing,
•  Screen and monitor patients upon arrival,
•  Report COVID-19 fatalities and hospitalizations, and
•  Provide reasonable time and paid leave for COVID-19 vaccinations.

See the full ETS for a complete list of requirements. Certain requirements are waived if workers are vaccinated and are in well-defined areas where there is no reasonable expectation that a person with suspected or confirmed COVID-19 will be present.

HHS Secretary Becerra addresses PRF, guidance forthcoming

During a House Ways and Means Committee hearing on the Department of Health and Human Services' (HHS) budget request, Secretary Xavier Becerra addressed the Provider Relief Fund (PRF) and told lawmakers that the Department would be releasing additional guidance this month. Physician practices still only have until June 30 to use any PRF money received. Last month, MGMA sent a letter to HHS recommending modifications to the PRF program, including an extension of the spending deadline and the expeditious distribution of the remaining relief funds to medical group practices and other providers.

MSSP 2022 application period now open

The application period for a Jan. 1, 2022, agreement start date in the Medicare Shared Savings Program (MSSP) is open now through June 28, 2021. Accountable care organizations (ACOs) seeking to apply or renew their agreement in the MSSP for 2022 must have an authorized ACO contact submit all Phase 1 application materials by June 28 at 12pm ET. For additional information, medical groups are encouraged to reference the Application Types & Timelines webpage and the MSSP Application Toolkit.

MGMA outlines priorities in letter to new CMS Administrator

In a welcome letter to Chiquita Brooks-LaSure, the new head of the Centers for Medicare & Medicaid Services (CMS), MGMA outlined a number of priorities it is eager to work with the agency on that will deliver high-quality, cost effective care, and help reduce regulatory burden on medical practices. The letter includes the following recommendations:

• Include Medicare Advantage plans in the scope of CMS' interoperability and prior authorization rule;
• Allow permanent coverage of audio-only services;
• Support the development of new, voluntary alternative payment models (APMs); and
• Provide transparency regarding MIPS cost category.

MGMA provides recommendations on APM development

MGMA joined the American Medical Association and 40 other healthcare organizations in providing recommendations on APM development to the new Director of the Center for Medicare and Medicaid Innovation (CMMI). In the letter, the provider community recommends improving the way CMMI designs and implements APMs to increase transparency, reduce health inequities, and provide up-front funding to participants to facilitate successful APM implementation. Additionally, the letter recommends engaging the physician community in the development of APMs to create alignment in priorities, dedicating funds to physician-developed APMs, and providing feedback and data to physician organizations seeking to collaborate in this process.

President’s proposed budget gives HHS significant bump

Last Friday, President Biden released his $6 trillion fiscal year 2022 budget request, which included notable increases to the National Institutes of Health, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. President Biden also requested a 23% funding increase for the Department of Health and Human Services. Presidential budget requests do not have the force of law and are intended to display the Administration’s priorities, while Congress negotiates the budget.

MGMA advocates for telehealth expansion

MGMA submitted written comments to the House Ways and Means Health Subcommittee regarding its hearing on “Charting the Path Forward for Telehealth.” MGMA urges the Subcommittee and other lawmakers to consider the following when drafting Medicare telehealth legislation:

During the hearing, Subcommittee members and witnesses engaged in a robust discussion covering interstate licensure legislation, the potential for using telehealth to address health disparities, and the potential for fraud. MGMA was pleased to see congressional support for audio-only services and for the removal of geographic and originating site restrictions. As Congress continues to discuss how to chart a path forward for telehealth, MGMA will advocate for policies that put medical groups in the best position to treat their patients.

CMS releases 2022 IPPS proposed rule

This week, the Centers for Medicare & Medicaid Services (CMS) issuedthe 2022 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Care Hospital proposed rule. The proposed rule would update Medicare payment policies and rates for acute care hospitals for FY 2022. Following MGMA advocacy and in accordance with the Consolidated Appropriations Act, 2021, CMS is proposing to distribute Medicare-funded medical residency positions to qualifying hospitals. Specifically, the 1,000 new slots will be phased in at no more than 200 slots per year beginning in FY 2023. Additionally, CMS is proposing to allow eligible Accountable Care Organizations participating in the BASIC track of the Medicare Shared Savings Program to elect to forgo automatic advancement along the glide path’s increasing levels of risk and potential reward for the 2022 performance year. CMS will accept comments on the proposed rule through June 28, 2021, and the final rule is expected later this year.

New resources available on QPP website 

Over the past few weeks, CMS has added new resources to the Quality Payment Program (QPP) Resource Library. For performance year 2021, the new batch of resources includes:

HHS renews public health emergency for COVID-19

Department of Health and Human Services (HHS) Secretary Xavier Becerra has renewed the public health emergency (PHE) for COVID-19 effective April 21, 2021. This extension will continue all telehealth waivers and other flexibilities pursuant to the determination. As with previous determinations, the renewed PHE will end 90 days after its effective date on Tuesday, July 20, 2021, unless it is further extended. The Biden administration has previously indicated that it plans to continue extending the COVID-19 PHE at least for the remainder of 2021. 

MGMA supports bill to remove PRF negative tax implications

MGMA and other leading healthcare organizations sent aletter of support to the sponsors of the Eliminating the Provider Relief Fund Tax Penalties Act (H.R. 2079). This bill would remove the negative tax implications for Provider Relief Fund (PRF) recipients by ensuring that the funds are not taxable, while maintaining that expenses tied to the funds are tax-deductible. PRF assistance is currently taxable. For more information on the PRF, see MGMA’s comprehensive resource.

MGMA to HHS: Extend the Next Generation ACO model

MGMA joined 12 other organizations in urging HHS Secretary Xavier Becerra to extend the Next Generation ACO (NGACO) model through 2022. Without further action, the model will expire this year. However, in light of a recent announcement from the Centers for Medicare & Medicaid Services that it does not intend to accept new applicants for the 2022 cohort of the Direct Contracting model, current NGACO participants will no longer have that as an option once this performance year ends. In addition to extending the NGACO model, the coalition urges HHS to create a permanent full risk ACO option for the future and reexamine its model evaluation reports.

MGMA to Congress: Repeal prohibition on a national patient identifier

MGMA, with over 100 other leading healthcare organizations, is urging Congress to reject legislative language that would continue to prohibit the Department of Health and Human Services (HHS) from spending any federal dollars to adopt a national patient identifier. The U.S. House of Representatives passed bipartisan legislation in the past two fiscal years that would repeal this prohibition. The absence of a consistent approach to accurately identify patient results is a significant cost to practices and hinders efforts to facilitate health information exchange, particularly during the COVID-19 pandemic. Inaccurate patient identification can lead to patient safety concerns when health data is either matched to the wrong patient or when a patient's data is not matched and is left out of the record. Lifting the prohibition will permit HHS to evaluate a range of patient identification solutions that are cost-effective, scalable, and secure.

CMS begins recouping Accelerated and Advance Payments

The Centers for Medicare & Medicaid Services (CMS) announced that the recoupment of Medicare Accelerated and Advance Payment (AAP) loans began for some providers as early as March 31, 2021. Following congressional action last year, repayment of AAP loans is set to begin one year from the date the payment was originally issued in the form of automatic withholds on Medicare claims. Medicare Administrative Contractors (MACs) will show the recoupment on the remittance advices issued for Medicare Part A and B claims processed after the one-year anniversary of when the first loan payment was issued. The recoupment will appear as an adjustment in the Provider-Level Balance section of the remittance advice. Providers with questions about the recoupment process or who would like to repay their AAP loan as a lump sum should contact their MAC directly.

Senate clears legislation to extend 2% Medicare sequester moratorium

On March 25, the Senate voted 90-2 to pass MGMA-supported legislation that would extend the 2% Medicare sequester moratorium through Dec. 31, 2021. Without further congressional action, the current moratorium was slated to expire on March 31, 2021. The House is expected to pass this legislation when it returns from recess in mid-April. The Centers for Medicare & Medicaid Services (CMS) instructed Medicare Administrative Contractors to hold all claims with dates of service on or after April 1 for a short period of time until the legislation passes the House and is signed into law. CMS does not expect this hold to affect providers’ cash flow and wants to minimize the number of claims that would need to be reprocessed if this legislation is passed. MGMA thanks our members who participated in #MGMAAdvocacy and sent letters to congressional members in support of an extension of the moratorium.

Legislation to extend PPP signed into law

Congress passed legislation to extend the Paycheck Protection Program (PPP) through May 31, 2021. The bill passed both chambers with overwhelming bipartisan support and was signed into law by President Biden earlier this week. Without the passage of this legislation, the PPP would have expired on March 31, 2021. This extension will give medical groups an additional two months to apply for either a first or second draw PPP loan.

MGMA voices support for legislation to expand physician workforce

MGMA and other leading health organizations sent a letter of support to the Senate and House sponsors of the Resident Physician Shortage Reduction Act. This bipartisan, bicameral legislation would gradually increase the number of Medicare-supported Graduate Medical Education positions by 2,000 per year for seven years, totaling 14,000 new slots. MGMA supports this legislation, which is critical to combat the impending physician shortage over the next decade.

Prepare for upcoming information blocking compliance date

The compliance date for the federal government’s information blocking provisions of the 21st Century Cures Act final rule is currently set for April 5, 2021. This multifaceted regulation, released by the Office of the National Coordinator for Health Information Technology (ONC), generally prohibits physician practices from interfering with the access, exchange, and use of electronic health information. MGMA’s information blocking toolkit outlines key provisions of the information blocking rule, summarizes the eight permitted exceptions to the rule, and provides actionable steps to help medical groups comply with the rule. Medical groups should also reference ONC’s information blocking FAQ for the most up-to-date guidance.

 

Medicare loan repayment to begin as early as next week

On March 28, 2020, the Centers for Medicare & Medicaid Services (CMS) expanded the Medicare Accelerated and Advance Payment Program (AAP), making the program available for most Medicare physicians and group practices. The AAP provided loans to applicants facing financial disruption due to COVID-19 based on historic Medicare billing. Repayment of AAP loans begins one year from the date the payment was issued, which means repayment could begin as early as next week. Group practices that accepted AAP loans should note the following repayment options:

• Automatic claims recoupment (default mechanism): Starting one year from loan disbursement, Medicare Administrative Contractors (MACs) will recoup outstanding AAP loans by automatically reducing Medicare payments owed to the provider by 25% for 11 months (e.g., a claims withhold). Following the initial 11-month repayment period, if the loan has not been repaid in full, Medicare payments will be recouped at 50% for another six months. Thereafter, any remaining balance must be paid within 30 days or it will accrue interest at a rate of 4% until repaid in full (there is no interest assessed on loans repaid before this time).
• Repayment in lump sum amounts: Providers may repay AAP loans by making a lump sum payment or payments to their MAC. Group practices interested in this repayment option should consult with their MAC for details, including any forms that should accompany repayments.

CMS has not provided further details on the repayment process, such as when exactly claims recoupment will begin, so groups should direct questions to their MACs. For more information about the AAP and other financial relief programs, review MGMA’s COVID-19-related financial relief resources.