Previous Advocacy Updates

The FDA added all blood draw tubes to its medical device shortage list on January 19. The shortage stems from an increase in demand and vendor supply challenges during the COVID-19 public health emergency, the FDA said. The agency also released several recommendations to conserve the tubes and mitigate shortages.

On January 13, the US Supreme Court upheld the Biden Administration COVID-19 vaccine requirement for health care workers, but struck down the vaccine mandate for private employers with 100 workers or more.

On January 4, the Department of Health of Human Services released the No Surprises Act Patient-Provider Dispute Resolution guidance, which helps providers understand what information to include for the good-faith estimates.

With an expected increase in laboratory testing due to the transmissibility of the SARS-CoV-2 Omicron variant and holiday-related travel and gatherings, the US Centers for Disease Control and Prevention (CDC) is encouraging laboratories with testing capacity to contact state and local health departments to coordinate surge testing.

Special Issue: The CAP filed an amicus brief supporting a lawsuit challenging the federal government’s flawed implementation of the No Surprises Act.

The American Medical Association (AMA), the CAP, and other medical societies asked the Department of Veterans Affairs (VA) to increase the transparency of its Supremacy Project.

While Congress successfully passed several year-end priorities on December 9, the CAP is still engaging lawmakers on health care provisions in the Build Back Better bill. The Build Back Better legislation aims to improve patient’s lives nationwide by expanding access to health insurance and enact several other priorities of the Biden Administration.

Special Issue: With pathologists facing steep cuts to their Medicare pay next year, Congress passed legislation to mitigate and delay payment decreases to physicians on December 9. The CAP aggressively lobbied Congress to stop the cuts and protect patient access to pathology services before the sharp decreases to payments took effect on January 1, 2022.

On December 2, Congress passed legislation to avert a government shutdown and provide enough funding for federal programs through February 18. While the CAP and other physician associations lobbied lawmakers to use this funding bill to stop Medicare cuts in 2022, Congress neglected to do so. With little time left in the calendar year, congressional leaders are exploring options to address the cuts—including a vote in the House of Representatives later this week.

Following a request for additional details on its payment policy change, Cigna provided the CAP with further clarity on a revised policy for the professional component of clinical pathology (PC of CP) when billed by pathologists. The CAP asked Cigna for additional details on October 26 after the insurer acknowledged the role of pathologists in providing laboratory management and oversight services.

The CAP urged the Biden Administration to change the interim final regulation for the No Surprises Act to align the law’s implementation with the original legislation.

On November 6, the House of Representatives adopted procedural rules for the further consideration of the Build Back Better Act, which contains numerous health care and social spending provisions in President Joe Biden’s agenda. The CAP endorsed several provisions of the reconciliation bill.

Special Issue: On November 2, the Centers for Medicare & Medicaid Services issued the final 2022 Medicare payment regulations, including the final 2022 Medicare Fee Schedule and Quality Payment Program regulations.

The CAP strongly opposed new federal regulations that give insurance companies the upper hand during what should be an impartial, independent dispute resolution (IDR) process as set in the No Surprises Act.

Following a request for additional details on its payment policy change, Cigna provided the CAP with its updated policy to deny claims for the professional component of clinical pathology (modifier 26; PC of CP) when billed by pathologists. The CAP has opposed the policy and has urged the insurer to continue paying for the PC of CP services for all pathologists.

On October 12, over 65 pathologists participated in a “virtual fly-in” and met with their Federal policy makers to lobby Congress to mitigate a 5% Medicare cut to pathology services in 2022.

The CAP has organized a “virtual fly-in” event beginning October 12 for pathologists to meet with their senators and representatives and lobby Congress to mitigate a 5% Medicare cut to pathology services in 2022.

In late September, pathologists received letters from Cigna stating that the insurer would go forward with an updated payment policy on the professional component of clinical pathology it had previously tabled following opposition from the CAP.

The federal government formally urged federal agencies, including the Centers for Medicare & Medicaid Services (CMS), to prepare for the possibility of a lapse in funding and government shutdown.

The FDA approved the CAP for admission to its Network of Experts to provide the agency with additional expertise on pathology and laboratory medicine issues, such as those concerning the COVID-19 pandemic and artificial intelligence.