CMS Proposes Rule to Pay Hospitals For Delivering Quality Care to Inpatients

Today, January 13, 2011, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule that would reward hospitals for providing safe and high quality patient care.  The proposed rule, required under Section 3001 of the Patient Protection and Affordable Care Act, would provide higher payments to hospitals that perform well on certain quality measures relating to both clinical process and patient experience of care.  The head of CMS, Donald Berwick, says the proposed rule would constitute “a huge leap forward in improving the quality and safety of America’s hospitals for both Medicare beneficiaries and all Americans.”

This program, known as the hospital inpatient value-based purchasing program, would apply to Medicare payments under the Inpatient Prospective Payment System (IPPS) for inpatient stays in more than 3,000 acute care hospitals beginning in FY 2013 and applicable to payments for discharges occurring on or after October 1, 2012.  The incentive payments to acute care hospitals would be based either on how well a hospital performs on certain quality measures or, alternatively, how much a hospital’s performance improves on certain quality measures from their performance during a baseline period.  The higher a hospital’s performance or improvement during the performance period for a fiscal year, the higher the hospital’s value-based incentive payment for the fiscal year would be.

Since 2004, CMS has collected quality and patient experience data from acute care hospitals on a voluntary basis under the Hospital Inpatient Quality Reporting (IQR) Program.  The vast majority of hospitals now choose to participate in the IQR program in order to be eligible for the full annual percentage increase in reimbursements each year, as a result of legislation requiring Medicare to reduce the annual percentage increase for hospitals that did not participate in the reporting program.  Data regarding hospital performance can be found on the Hospital Compare website.

The hospital value-based purchasing program goes further than the IQR program by offering incentives to hospitals not just for reporting data, but also based on positive quality performance as demonstrated by the data.  According to Berwick, “Value-based purchasing repositions Medicare from an observer of nationwide hospital quality to a formidable force in shaping quality going forward.”

CMS will accept comments on the proposed rule until March 8, 2011, and will respond to them in a final rule to be issued next year. In commenting, stakeholders should reference file code CMS–3239–P.  Comments to CMS may be provided electronically here.  Alternatively, comments may be provided by mail, overnight delivery or by hand/courier at the addresses set forth in the proposed rule.

To read the CMS Fact Sheet on hospital inpatient value-based purchasing program, click here.

To read the hospital inpatient value-based purchasing program in the Federal Register, click here.

GOP Introduces Bill to Repeal Health Reform; Cabinet Letter To Congress Supports Health Care Law; CBO Estimates Cost of Repeal

On January 5, 2011, GOP Members of the House of Representatives introduced legislation entitled “Repealing the Job-Killing Health Care Law” (HR 2) and three cabinet Secretaries, including the Secretary of Health and Human Services (HHS), sent a letter to Members of Congress emphasizing the merits of the Affordable Care Act (ACA).  An HHS press release that accompanied the Secretaries’ letter stated that its purpose was to provide an “update on implementation” of ACA and discuss how ACA will “continue to give Americans more freedom in their health care choices” as the implementation of health reform unfolds during 2011. 

The legislation and the letter came as the 112th Congress convened with Republicans taking control of the House of Representatives.  The Secretaries’ letter acknowledges that the repeal of ACA has been “proposed by some,” but urges Congress to stay the course after considering all that ACA has “already done to improve the health and financial security” of many Americans.

Then, on January 6, 2011, the Congressional Budget Office (CBO) weighed in with its own letter to the House of Representatives about HR 2.  While the CBO letter states that the CBO has “not yet developed a detailed estimate of the budgetary impact of repealing” ACA, it nevertheless suggests that HR 2 would “probably increase federal budget deficits” over the eight year period from 2012–2019 by “a total of roughly $145 billion.”  According to the CBO letter, approximately $15 billion of that total represents the reduction brought about by the Medicare and Medicaid Extenders Act of 2010 (MMEA) in the estimated cost of subsidies to be provided through the insurance exchanges (see the McDermott White Paper on the MMEA).

Majority Leader Eric Cantor (R-VA), the sponsor of HR 2, stated earlier that in estimating the savings and costs of ACA the “CBO [only] did the job it was asked to do by the Democratic majority” at the time and that, as a result, the passage of health reform was “filled with budget gimmickry.”  The CBO letter acknowledges that “projections of [HR 2’s] budgetary impact are quite uncertain,” but that the CBO believes its estimates of the net budgetary effects “have a roughly equal chance of turning out to be too high or too low.”

The seven-page letter from the Cabinet Secretaries contains the following “highlights” from ACA and emphasizes some of the controversial as well as non-controversial provisions in the law:

  • State-based Insurance Exchanges.  These are to be operational in 2014 and according to the letter could potentially reduce premiums by 14 to 20 percent for currently insured individuals versus rates such individuals might otherwise pay for insurance. 
  • Medical Loss Ratio Rules For Insurance Companies.  Insurers are required to spend at least 80 to 85 percent of insurance premium dollars on health care and “quality improvement.”
  • Closed Donut Hole.  In 2010, nearly 3 million senior citizens received rebate checks of $250 each to help pay for prescription drugs.
  • Pre-Existing Conditions.  Children under age 19 cannot be denied insurance coverage due to a pre-existing condition.  Young adults up to age 26 are able to stay on their parents insurance.

To review the complete Secretaries’ letter, click here, and for the CBO letter, here.