Previous Advocacy Updates

As Congress negotiates year-end legislation, the CAP is urging lawmakers to prevent scheduled Medicare cuts in 2023 and protect Medicare payment for clinical laboratory fees before December 31. The CAP is also actively advocating for policies that prepare the country for future pandemics and to protect provisions in legislation providing guardrails on the federal oversight of laboratory tests.

The CAP strongly opposed the health insurer Highmark’s new credentialing requirements for next-generation sequencing testing that imposes independent third-party validation of NGS results and/or variants of uncertain significance interpretation.

The CAP recently asked the Centers for Medicare & Medicaid Services to evaluate remote sign-out practices for pathologists after the public health emergency ends.

In an advocacy win for the pathologists, the Centers for Medicare & Medicaid Services finalized the proper rank order of the clinical labor rates for histotechnologists and laboratory technicians in the final 2023 Medicare Physician Fee Schedule (PFS).

Special Issue: On November 1, the Centers for Medicare & Medicaid Services released the 2023 Medicare payment regulations, including the final 2023 Medicare Fee Schedule and Quality Payment Program regulations.

In response to a congressional request for information regarding the potential reform of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), the CAP provided feedback regarding pathologists’ experience in dealing with the current payment program and potential actions Congress could take to stabilize the Medicare payment system by reforming MACRA.

In response to an outbreak of Ebola in East Africa, the US Centers for Disease Control and Prevention (CDC) released guidance for clinical laboratories for Ebola specimen collection in the United States on October 18.

On September 28, CAP President-elect Donald Karcher, MD, FCAP, urged in public testimony to the Council of the DC to reconsider laboratory personnel licensure and additional statutory fixes in lieu of repeal within the personnel clean-up bill.

During the CAP 22 Annual Meeting, CAP members gathered in person and virtually and participate in an informative Advocacy Town Hall.

The Council of Medical Specialty Societies (CMSS), a coalition of 48 specialty societies, awarded the CAP $100,000 grant to study how to make pathology reports more patient-centered and understandable.

CAP leaders met with the Food and Drug Administration (FDA) to discuss issues pathologists have encountered with the emergency use authorization (EUA) process during the COVID-19 pandemic, especially as it relates to some laboratories reporting delays in obtaining EUAs for SARS-CoV-2 laboratory-developed tests (LDTs).

On September 13, House Reps. Ami Bera, MD (D-CA), and Larry Bucshon, MD, (R-IN) introduced bipartisan legislation that would alleviate Medicare cuts for all physicians. The Supporting Medicare Providers Act of 2022 (HR 8800) aims to lessen the upcoming Medicare reimbursement cuts in 2023 and provides guidance to improve the Medicare Payment system for physicians. The CAP has urged that Congress take action to mitigate Medicare reimbursement cuts, while preserving critical physician services for Medicare patients.

On September 7, the Food and Drug Administration declared a public emergency requiring clinical laboratory tests for monkeypox to obtain emergency use authorization (EUA) before offering the test clinically.

To maintain the highest standards in diagnostic medicine, the CAP opposed several changes to the Centers for Medicare & Medicaid Services (CMS) staffing qualifications recommendations in a proposed 2023 CLIA regulation.

The Biden administration released the final surprise billing regulation, which follows a court decision that struck down an earlier policy related to the independent dispute resolution process.

During an open call with laboratories on August 15, officials with the Food and Drug Administration (FDA) said laboratory-developed tests (LDTs) for monkeypox disease are under enforcement discretion and can be developed without notifying the FDA. The CAP attended the Laboratory Outreach Communication System call managed by the Centers for Disease Control and Prevention (CDC).

On August 4, the Biden administration declared the monkeypox outbreak a public health emergency, allowing for increased flexibility to dedicate the necessary resources to stop the virus’ spread.

The CAP and dozens of other medical associations are calling on Congress to take immediate action to mitigate Medicare payment cuts scheduled to go into effect on January 1, 2023.

In a letter to Congress on July 20th, the CAP and nearly 50 organizations representing physicians, patient advocates, and health care industry have asked Congress to include the Verifying Accurate Leading-edge IVCT Development (VALID) Act’s in the FDA user fee reauthorization bill as key lawmakers negotiate a final version of the legislation.

The CAP demanded that Congress take action to stop health insurance companies from devaluing pathology services.