Previous Advocacy Updates

On July 13, the Centers for Medicare & Medicaid Services (CMS) released its proposed 2024 Medicare Physician Fee Schedule outlining cuts to pathologists, independent laboratories, and other specialties to offset increases to primary care physician services. The CAP has strongly opposed these cuts and is actively lobbying Congress to mitigate the decreases before they take effect.

Special Issue: The proposed 2024 Medicare Physician Fee Schedule released on July 13 outlined deep cuts to pathologists, independent laboratories, and other specialties to offset increases to other physicians. The CAP has strongly opposed these cuts and is actively lobbying Congress to mitigate the decreases before they take effect.

The American Medical Association’s (AMA) CPT Editorial Panel released the new CAP developed CPT codes on June 30, The CAP worked with the AMA CPT Editorial Panel to establish new digital add-on codes.

The Commission on Accreditation of Allied Health Programs (CAAHEP) is considering a name change for the profession from cytotechnologist to “cytologist.” Of greatest concern is that the name change will create confusion throughout the health care system.

A proposal to change the professional title of cytotechnologist to “cytologist” would occur under new guidelines currently under review of an allied health accreditation body. The CAP has strongly opposed the name change for several reasons but the proposal has moved forward despite the CAP’s objections.

With a set goal of a predictable, sustainable, and fair physician payment system, the American Medical Association (AMA) House of Delegates declared Medicare physician payment reform an urgent advocacy and legislative priority for the AMA to address with a targeted campaign during its 2023 Annual Meeting in Chicago. Delegates representing the CAP at the meeting supported the measure as pathologists have fought against across-the-board Medicare cuts to all physicians for several years.

Following on our success for 2023, the CAP advocated for the inclusion of 30 new CPT digital pathology codes for pathologists to use in 2024.

Following 145 meetings with congressional offices on the CAP’s annual Hill Day, several legislators agreed to cosponsor legislation that pathologists specifically asked their representatives and senators to support.

As the COVID-19 public health emergency ended May 11, the Centers for Medicare & Medicaid Services (CMS) updated its guidance to allow pathologists the ability to review digital slides and data remotely as long as they meet specific criteria.

On the heels of a successful 2023 Hill Day that saw nearly 100 CAP members meet with 145 congressional offices, pathologists have amassed tangible legislative momentum — but we need to build on that by continuing to contact legislators. 

Enforcement discretion to allow pathologists to review slides remotely without the need of a separate CLIA certificate for their remote locations will continue once the public health emergency for COVID-19 ends later in May. However, reporting of COVID-19 laboratory results to the federal government will no longer have the authority to require this data to be reported from laboratories.

For our 2023 Hill Day, CAP members met with their federal lawmakers and advocated to protect the value of pathology services.

To prepare for the CAP’s annual Hill Day, CAP members discussed strategies for how they will engage their members of Congress at the Pathologists Leadership Summit on April 17. CAP Advocacy leaders prepared pathologists to lobby Congress on three main policies affecting the specialty: stopping Medicare cuts to pathology services, including laboratory service reimbursements, and resolving workforce shortage issues.

The CAP submitted comments in support of a recent proposal by the Food and Drug Administration (FDA) to relax rules on who is eligible to donate blood. Under draft recommendations announced January 26, monogamous gay and bisexual men would be allowed to donate blood and eligibility would be determined using individual risk-based questions.

On March 29, Reps. Terri Sewell (D-AL) and Brian Fitzpatrick (R-PA) introduced the bipartisan Resident Physician Shortage Reduction Act of 2023. This legislation would combat the nation’s physician shortage and improve access to health care by expanding the number of Medicare-supported medical residency positions by 14,000 over seven years. The CAP has long advocated for increased funding to support more GME residency slots, which is essential to addressing critical shortages of pathologists in the coming years and is one of the 2023 Advocacy asks.

The Centers for Medicare and Medicaid Services issued revised guidance for the federal independent dispute resolution (IDR) process that is part of the No Surprises Act. The new guidance is the direct result of the federal litigation filed by the Texas Medical Association that was decided in favor of physicians.

The CAP, the American Medical Association (AMA), and over 130 medical professional societies asked Congress to pass legislation that provides an annual inflation-based payment update based on the full Medicare Economic Index (MEI).

CAP President Emily E. Volk, MD, FCAP met with the Congressional Black Caucus (CBC) Health Braintrust during a forum to discuss strategies to address inequities that pathologists can take in health care.

The Washington State Pathology Society, in collaboration with the CAP, and the Washington State Medical Association, delayed a switch from the states’ balance billing dispute resolution process to the federal independent dispute resolution system for at least six months.

The Medicare Evidence Development and Coverage Advisory Committee (MEDCAC) voted to recommend updating its Medicare coverage with evidence development (CED) criteria to improve the timeliness of trials and the diversity of data collected. However, the CAP and others, including MEDCAC advisers, remain concerned that CED restrictions will limit patient access.