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Congressional Action In-Office Self Referral Exemption
We had previously informed you that Congresswoman Jackie Speier from Ca. had introduced HR 2962 which would eliminate the in-office exemption for CT, MRI and PET imaging from the Stark Self referral. Reprinted below is an advisory from the ACR indicating that two members of the House Energy and Commerce Committee intend to introduce her provisions as part of the Energy and Commerce Committee version of health care reform. There are six California Congressional representatives on this Committee including the Chair Henry Waxman. The Congressional Reps from Ca. are; Henry Waxman ( D- Los Angeles) (202) 225-3976 Anna Eshoo ( D- Palo Alto) (202) 225-8104 Lois Capps (D-Santa Barbara) (202) 225-3601 Jane Harmon ( D- El Segondo) (202) 225-8220 Doris Matsui ( D- Sacramento) (202) 225-7163 Gerald McNerney ( D-Pleasonton) (202) 225-1947 Please act now as our opponents are making contacts to discourage adoption of this amendment. Congressmen Anthony Weiner (D-NY) and Bruce Braley (D-IA) to Offer Self-Referral Amendment to House Healthcare Reform Package!!!!
Background:
Congresswoman Jackie Speier of California recently introduced HR 2962, the Integrity in Medicare Advanced Diagnostic Imaging Act of 2009. The bill would close the in-office ancillary service exemption for MRI, CT and PET currently allowed under the Stark self-referral law and end the practice of self-referral for those modalities under Medicare. ACR has long-advocated for the closure of this loophole which allows physicians to refer their patients to imaging equipment they own within their office.
The House Energy and Commerce Committee is one of the three jurisdictional committees "marking up" (debating and offering amendments) healthcare reform legislation introduced earlier this week in the House. As supporters of the Speier legislation and members who sit on the Energy and Commerce Committee, Congressman Anthony Weiner and Congressman Bruce Braley have decided to offer HR 2962 as an amendment to the Healthcare Reform Package currently being debated in their committee.
Action Requested:
Our records indicate that you live or work in a congressional district of a House of Representative member who sits on the House Energy and Commerce Committee and will therefore be voting on the Weiner/Braley amendment in the next few days.
ACR needs you to call your Congressional Represntative and ask to speak with their Health Legislative Assistant (Health LA). When speaking to the Health LA or leaving a message, request that your representative vote in favor of the Weiner/Braley self-referral amendment that will be offered during the Committee's mark-up of the healthcare reform package.
ACR has provided some talking points below, but please feel free to personalize and localize your own experience with self-referral.
Talking Points:
- The over utilization of imaging services through the practice of self-referral places a burden on an already cash strapped Medicare system.
- Independent studies estimate that reducing unnecessary exams by self-referrers can generate hundreds of millions of dollars in savings to the Medicare program.
- Advanced imaging modalities such as MR, CT and PET should not be considered in-office ancillary services along with blood and urine tests.
- Two federal government research agencies have acknowledged the problem of self-referral
- The Government Accountability Office's June 2008 report stated, "...physicians in specialties other than radiology who billed Medicare for in-office imaging services obtained an increasing share of their Medicare revenue from imaging services from 2000 to 2006."
- The Medicare Payment Advisory Commission (MedPAC) added in its June 2009 report, "Several studies have found that physicians who furnish imaging services in their offices refer patients for more tests than other physicians.
- The health risks to patients of these practices cannot be ignored. Nonradiologist providers often lack even basic radiation safety training and may not be aware of potential repercussions to patients of ordering and often administering high volumes of scans.
Please make your voice heard and contact your Energy and Commerce Committee representative today! The more support we can generate, the better chance we may have to incorporate self-referral language into the healthcare reform legislation currently being debated on Capitol Hill.
DON'T WAIT. CALL TODAY!!!!!
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