Previous Advocacy Updates

Citing substantial undue regulatory burdens and costs on laboratories, the College of American Pathologists (CAP) called on the US Food and Drug Administration (FDA) to make significant changes to its proposed regulation of laboratory-developed tests (LDTs) in a letter to the FDA on December 4.

In August, the CAP met with the Centers for Medicare and Medicaid Services (CMS) to advocate for an increase in the cytotechnologist labor rate. In the 2024 Medicare Physician Fee Schedule, the CMS agreed with the CAP’s request and finalized a two-year, phased-in increase of 12% starting in 2024.

Special Issue: The CAP is encouraging its members to register their written comments to the US Food and Drug Administration (FDA) regarding the proposed rulemaking on laboratory-developed tests (LDTs) before the comment period ends on December 4.

On November 13, CAP leaders met with officials from the Food and Drug Administration (FDA) to ask clarifying questions about the FDA’s proposed regulation of laboratory-developed tests (LDTs) and how these rules would affect laboratories and patients. The CAP is in the process of drafting its comments and sought clarification on the proposal to inform its comments, due to the FDA by a December 4 submission deadline.

In its formal comments to the Centers for Medicare & Medicaid Services (CMS), the CAP urged the federal agency to stop Medicare cuts to pathologists next year, make the Merit-based Incentive Payment System (MIPS) less taxing on pathologists, and maintain remote sign-out capabilities for pathologists under CLIA.

Special Issue: The Centers for Medicare and Medicaid Services (CMS) released the 2024 final Physician Fee Schedule and Quality Payment Program regulation on November 2. The CMS reacted favorably to the CAP’s comments to increase pay to pathologists in 2024 from what had been first proposed in July.

On October 26, over 60 pathologists participated in a “virtual fly-in” and met with their federal policy makers to lobby Congress to mitigate a 2.75% Medicare cut to pathology services in 2024.

The CAP posted a statement and sent messages to members of Congress last week commending the House Energy and Commerce Committee for holding hearings on the Saving Access to Laboratory Services Act legislation to extend incentive payments for participation in eligible alternative payment models, Provider Reimbursement Stability Act of 2023, and the Improving Seniors Timely Access to Care Act of 2023.

On September 19, the House Ways and Means Committee held a Hearing on Reduced Care for Patients: Fallout From Flawed Implementation of Surprise Medical Billing Protections which shined a light on private insurers refusing to negotiate payment to physicians in good faith before arbitration, and not paying providers after there was a ruling in their favor.

The CAP and a coalition of 46 healthcare organizations representing over 1.2 million physician and non-physician providers and the patients they serve urged Congress to halt the implementation of the evaluation and management service add-on code G2211 created by the Centers for Medicare & Medicaid Services (CMS).

On Friday, September 29, the CAP President Emily E. Volk, MD, MBA, FCAP, issued a statement following the release of the US Food and Drug Administration (FDA) proposed rulemaking on laboratory-developed tests (LDTs). Due to the complexity of the rule and implications for laboratory testing, the CAP is calling on the FDA to extend the comment period to at least 120 days to give stakeholders more time to review the proposal and respond.

Special Issue: WASHINGTON -- College of American Pathologists (CAP) President Emily E. Volk, MD, MBA, FCAP, issued the following statement following the release of the US Food and Drug Administration (FDA) proposed rulemaking on laboratory-developed tests (LDTs) on September

The Commission on Accreditation of Allied Health Education Programs (CAAHEP) Board of Directors voted at its September 15 meeting to approve the revised Standards and Guidelines for the Accreditation of Educational Programs in Cytology.

As congressional discussions about funding the government continue, the CAP is urging pathologists to contact their members of Congress to urge them to pass legislation to provide additional relief from the Medicare cuts scheduled to take effect in 2024.

In its formal comments to the Centers for Medicare & Medicaid Services (CMS), the CAP urged the federal agency to stop Medicare cuts to pathologists next year, make the Merit-based Incentive Payment System (MIPS) less taxing on pathologists, and maintain remote sign-out capabilities for pathologists under CLIA.

The CAP requested a meeting with First Coast Service Options, a Medicare Administrative Contract (MAC), servicing providers in Florida, Puerto Rico, and the U.S. Virgin Islands as well as Novitas, providers in DC, Delaware, Maryland, New Jersey, and Pennsylvania, to discuss a new requirement for pathologists to document how the digitization of glass microscope slides is medically reasonable and necessary when submitting claims.

The CAP improved both local and national coverage processes to ensure access to timely, quality care for Medicare patients over the years. This work includes ensuring appropriate conditional coverage through an effective and efficient coverage with evidence development (CED) process.

It may seem counterintuitive, but summer is one of the best times to advocate on behalf of pathologists to your members of Congress. There may be a misconception that Congress does not work at all during its summer recess. Many legislators seize the opportunity to spend time back in their district or state to hear from their constituents. CAP members can educate their legislators this summer on several of the CAP’s legislative objectives. Even if you attended the DC fly-in earlier this year for the Pathologists Leadership Summit, August recess advocacy is a different type of legislative engagement that is just as important.

The CAP sent out an Action Alert to its grassroots advocacy network encouraging outreach to their legislators to sign a Dear Colleague letter to House leadership that emphasized the urgent need of Medicare physician payment reform.

Did you miss the proposed 2024 Medicare Physician Fee Schedule webinar on July 26? Listen to the recording of our expert panel present and answer questions about the latest Medicare payment policies concerning individual pathology services and the Quality Payment Program next year.