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President Obama Signs Another Temporary “Doc Fix” Measure Into Law

On Friday, June 25, President Obama signed into law the “Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act”. The legislation protects physicians from feeling the effects of a 21 percent Medicare payment cut made under the 2010 sustainable growth rate (SGR) formula on June 1.

Earlier that day, the House voted 417-1 to pass the legislation, which had first been passed in the Senate on June 18. The doc fix had previously been included as part of a larger and controversial tax extenders bill, but Senate Majority Leader Harry Reid (D-NV) moved for a separate Senate vote on the measure so that it would have a better chance for passage.

The doc fix is retroactive to June 1 and will hold off scheduled Medicare payment cuts along with a 2.2 percent payment increase until November 30. The Centers for Medicare and Medicaid Services (CMS) has notified physicians and other providers paid under the Medicare Physician Fee Schedule (PFS) that claims containing June 2010 dates of service which have been paid at the negative update rates will be reprocessed to include the 2.2 percent increase as soon as possible. Physicians are being asked not to resubmit claims containing June dates of service. However, those who submitted June claims with the 21 percent cut included will need to contact their local Medicare contractor to request an adjustment. CMS states that submitted charges on claims cannot be altered without a request from the physician.

In spite of this latest six-month fix, growing numbers of physicians are limiting treatment of new Medicare patients while the threat of additional payment cuts remains. Physicians groups, senior care advocates and others continue to advocate for restructuring the current SGR formula as a permanent solution.

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