Also In The News - Health Headlines - December 2015 #3

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CMS Requests Feedback on Development of Clinician Quality Measures – On December 18, 2015, CMS requested feedback on its draft “Quality Measure Development Plan: Supporting the Transition to the Merit-based Incentive Payment System (MIPS) and Alternative Payment Models (APMs),” available here.  According to Kate Goodrich, director of the CMS’s Center for Clinical Standards & Quality, in a recent CMS blog post here, the plan “describes how CMS will work collaboratively with federal and state partners and private payers to create an aligned set of measures that reduces provider burden.”  Comments are due by March 1, 2016 and will be considered in developing the final Quality Measure Development Plan, which, according to CMS, will be posted by May 1, 2016.

CMS Declines Switch from CED to Full Coverage for Imaging to Identify Bone Metastasis of Cancer – On December 16, 2015, CMS issued a National Coverage Determination Decision Memo, declining general Medicare coverage for NaF-18 PET scans to identify bone metastasis of cancer.  The procedure will remain covered when conducted as part of a study, under the Coverage with Evidence Development (CED) policy.  CMS noted that the test is not therapeutic, but rather only affects the selection of treatment modalities, and “the usefulness of a test result is constrained by the available management alternatives.”  CMS extended the CED study period for 24 months, through December 2017.

Texas Federal Court Denies Texas Medical Board’s Motion to Dismiss Case Related to Telehealth Services – On December 14, 2015, U.S. District Court for the Western District of Texas denied the Texas Medical Board’s (TMB) motion to dismiss a federal lawsuit filed by Teladoc, a national provider of telehealth medical consultations.  The decision marks the seventh occasion in the last four years that various Texas courts have sided with Teladoc against the TMB’s attempts to limit telehealth services in the state.  The court’s decision is available here.

Senate Passes Bill to Extend Comment Period on MA Rates – On December 16, 2015 Congress passed the Securing Fairness in Regulatory Timing Act of 2015.  The one-page legislation extends the annual comment period on the Medicare Advantage payment rates from 45 days to 60 days.  Once signed, the law will provide insurance carriers and other stakeholders at least 60 days to comment on the annual Advance Notice published by CMS in February.  

King & Spalding 25th Annual Health Law & Policy Forum – Save the Date & Pre-Register – On March 21, 2016, King & Spalding will hold its 25th Annual Health Law & Policy Forum at the St. Regis Hotel in Atlanta (88 West Paces Ferry Road) from 8:00 a.m. until 5:30 p.m.  This year’s keynote speaker is Bob Woodward, an associate editor of The Washington Post, where he has worked since 1971.  He has shared in two Pulitzer Prizes, first in 1973 for the coverage of the Watergate scandal with Carl Bernstein, and second in 2002 as the lead reporter for coverage of the 9/11 terrorist attacks.  Make plans now to hear this highly respected, nationally recognized figure in business and politics discuss current healthcare policy and related political issues.  Pre-registration is available here, and more information will be available soon.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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