Previous Advocacy Updates

On January 21, President Joe Biden signed several executive orders to create a Pandemic Testing Board and address other issues concerning COVID-19 testing.

During a meeting with officials from the CMS, the CAP called on the agency to cease implementing of its policy on COVID-19 test result turnaround time that became effective on January 1.

The CAP condemned the violence that took place in Washington, DC, as a mob rioted the US Capitol.

In year-end legislation that mitigated future Medicare payment cuts to pathologists, which passed by the House and Senate on December 21, the Congress provided additional monies for public health, physician and other health care provider support, and financial and economic relief. President Donald Trump signed the bill into law on December 27.

Following a sustained lobbying campaign against Medicare payment cuts to pathologists in 2021 by the CAP, Congress will mitigate the cut by adding $3 billion to next year’s Medicare fee schedule and delaying implementation of a new evaluation and management add-on code for three years.

With Congress maneuvering to complete its year-end business before the holidays, the CAP lobbied congressional lawmakers and staff to stop -9% Medicare cuts to pathologists in 2021.

President-elect Joe Biden furthered solidified his team to fight the national COVID-19 pandemic by nominating California Attorney General Xavier Becerra to lead the Department of Health and Human Services. The President-elect also nominated leading infectious-disease specialist Rochelle Walensky, MD, to lead the Centers for Disease Control and Prevention.

The CAP will continue to fight the sharp Medicare cuts to Pathologists finalized in 2021 Fee Schedule, and appreciates that the CMS did succeed in protecting pathology reporting measures.

The American Medical Association House of Delegates directed the AMA to advocate for enhanced payments to recognize work performed by physicians during the COVID-19 pandemic at the November 2020 Special Meeting.

President-elect Joe Biden named his COVID-19 advisory board, comprised of public health experts and scientists, that will develop actions to fight and mitigate the COVID-19 pandemic.

President Donald Trump’s Administration and the presidential transition team for former Vice President Joe Biden separately took actions aimed at stopping the spread of COVID-19 on November 9.

After discussions with the CAP over concerns of overburdening laboratories during the current pandemic, UnitedHealthcare announced it will delay implementation of its test registry program until April 2021. On October 30, UnitedHealthcare said it pushed back the deadline of its laboratory test registry to ensure compliance with new requirements.

The Department of Health and Human Services (HHS) announced that the Provider Relief Fund will now include laboratories as eligible providers who can apply for the federal pay program. On October 1, the HHS announced it would allow up to $20 billion in new funding for providers on the frontlines of the coronavirus pandemic. The CAP had urged Congress and the HHS to give pathologists and laboratories greater support through relief funds to pathologists.

A bipartisan group of more than 229 House lawmakers urged Speaker Nancy Pelosi (D-CA) and Minority Leader Kevin McCarthy (R-CA) to stop Medicare cuts to pathologists and other providers in 2021. Support to stop these cuts, which amount a 9% decrease for pathologists next year, reached a critical threshold in the House of Representatives following months of advocacy by the CAP and a coalition group of physician and nonphysician specialists.

The CAP surveyed board-certified pathologists nationwide and 85% reported the COVID-19 pandemic has negatively affected pathologists. The CAP’s latest survey confirmed the pandemic’s ongoing adverse effects on pathologists as the United States has relied on COVID-19 testing throughout this national crisis.

The CMS had outlined the cuts—which the CAP has spoken out against for more than a year—in the proposed 2021 Medicare Physician Fee Schedule. In a follow-up comment letter to the Medicare agency, the CAP again urged the CMS to abandon its plans to move forward with the cuts next year.

Congress passed a bipartisan bill, with some notable changes to the Medicare Accelerated and Advance Payment program, that will fund the government until December 11. Due to the pandemic's economic effects on pathologists and laboratories, the CAP had urged Congress to make several changes to the Medicare program, including extending the repayment deadline for participants.

The CAP needs all pathologists to fight upcoming Medicare cuts by contacting your federal legislators. The CAP launched a summer campaign of virtual advocacy demanding that Congress mitigate the -9% Medicare cut to pathology services that will take effect on January 2021. The fight is not over. Our virtual campaign to advocate against these pending Medicare cuts will continue and we need your help.

The HHS responded to the CAP’s advocacy by giving laboratories additional relief and more flexibility to meet new COVID-19 data reporting requirements during the current pandemic.

The CAP asked CDC and the HHS to provide the scientific rationale for changes made to federal COVID-19 testing guidance in late August.