Advocacy Update

October 18, 2022

In this Issue:

CAP Urges District of Columbia Council to Reexamine Laboratory Personnel Licensure Law

On September 28, CAP President-elect Donald Karcher, MD, FCAP, urged in public testimony to the Council of the District of Columbia (DC) to reconsider laboratory personnel licensure and additional statutory fixes in lieu of repeal within the personnel clean-up bill B24-764 proposed by the Mayor’s office. The law was initially enacted in 2015 but never operationally implemented. At this stage, the DC Council appears to be carefully weighing the concerns expressed by CAP and other stakeholders, including the DC Hospital Association (DCHA).

The CAP collaborates with state pathology societies to oppose state licensure for pathologists’ assistants, cytotechnologists, and histotechnologists per CAP’s model criteria for the state licensure of clinical laboratory personnel. The CAP advocates against regulatory burdens on pathologists’ ability to direct the laboratory and to ensure laboratory personnel are subject to pathologist supervision.

CAP President Emily Volk, MD, FCAP, wrote to the DC Committee on Health affirming, “The CAP does not believe that local regulation of clinical laboratory personnel is necessary for, nor integral to quality assurance, in the clinical laboratory. Accordingly, our members in DC opposed the enactment of the original DC licensure law (DC Law 20- 272; 62 DCR 6643) in 2015. Our position is based upon the rigorous quality assurance provisions embedded in the federal Clinical Laboratory Improvement Amendments (CLIA) law, and related regulations, that regulate all clinical laboratories. Of note, several states (GA, TN) in the last couple of years have since repealed their respective clinical laboratory personnel licensure laws, in deference to federal oversight, recognizing the redundant nature of state licensure laws.”

Notwithstanding the CAP’s position in support of repeal, the CAP alternatively urged additional amendments to the laboratory personnel licensure law to ensure all personnel are appropriately supervised by a physician or clinical laboratory director. In addition, the CAP supported additional amendments to appropriately reflect personnel's scope of practice, and flexibility for the Advisory Committee on Clinical Laboratory Practitioners to reserve the right to license cytotechnologists, histotechnologists, and medical technologists at their discretion.

The CAP will continue to work with DC stakeholders and the DC Council to urge the repeal for laboratory licensure.

Upcoming Advocacy Webinars

Updates from the FDA on the EUA Process Webinar 

On Tuesday, October 25 at 12 PM ET/ 11 AM CT, the CAP will offer a complimentary live webinar to discuss recent updates to the Food and Drug Administration (FDA) Emergency Use Authorization (EUA) process. The FDA’s Timothy Stenzel, MD, PhD, FCAP, who is the Director of the FDA Office of In Vitro Diagnostics and Radiological Health, will join CAP leaders to provide pathologists with an overview of current EUA processes and take questions from participants.

Register now

Pathologists Advocating for Health Equity

On Tuesday, November 1 at 11 AM ET/ 10 AM CT, the CAP will offer a complimentary webinar on disparities in health care and what federal policies are in discussion to combat this issue. The COVID-19 pandemic exacerbated underlying disparities in health and health care, emphasizing the importance of addressing them. The federal government is prioritizing health equity as part of the pandemic response and recovery effort. In response to federal action, the CAP has developed policies addressing these disparities. CAP President Emily E. Volk, MD, FCAP and Governor from the Board of Governors Kalisha Hill, MD, FCAP, will discuss the colleges approach to these vital policy issues.

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Good Faith Estimates - What Pathologists Need to Know Webinar

On Wednesday, November 2 at 1 PM ET/ 12 PM CT, the CAP will offer a complimentary live webinar where CAP experts Council of Government and Professional Affairs Jonathan Myles, MD, FCAP and member of the Economic Affairs Committee Theresa Emory, MD, FCAP, will explain what pathologists need to know for good faith estimates in compliance with the No Surprises Act regulations. Additionally, the speakers will review what pathologists and their practices must do to comply with the new regulations in 2023.

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What Will Be the Impact of the Final Fee Schedule on Your Practice?

Soon the Centers for Medicare & Medicaid Services (CMS) will release the final 2023 Medicare payment regulations, including the final Medicare Physician Fee Schedule and the Quality Payment Program regulations.

On Monday, December 5 at 3 PM ET/ 2 PM CT, the CAP will offer this complimentary live webinar where CAP experts will review final regulations that will impact Medicare payment for services and pathologists’ participation in the quality initiatives. Join us for a deep dive into the final 2023 Medicare Physician Fee Schedule and the Quality Payment Program regulations, including the Merit-based Incentive Payment System (MIPS).   

Webinar presenters will be the Council on Government and Professional Affairs Chair Jonathan Myles, MD, FCAP; Economic Affairs Committee Chair Stephen Black-Schaffer, MD, FCAP; and Quality and Clinical Data Registry Affairs Committee Chair Diana Cardona, MD, FCAP. 

Register today

Think You Know Advocacy? Then Take the Quiz!

Now that you read this week’s issue, let’s test your Advocacy knowledge! Last month over 60 fellow members took the quiz. See how you compare against your fellow CAP members and brag about your top scores on social!

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Want up to the minute CAP Advocacy news? Then follow us on twitter at CAPDCAdvocacy, where you will be the first to know about CAP Advocacy wins, see your fellow members engage with Congressional leaders on key policies affecting the practice of pathology and, of course, breaking Advocacy news.

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