Advocacy Update

• Court Schedules Oral Arguments for LDT Lawsuit on February 19
• CAP Issues Action Alert on Medicare Cuts
• New Executive Orders Affecting Health Programs
• State Pathology Societies—Valuable Resources for Trainees
• Register Now for the Spring HOD, Pathologists Leadership Summit

A motion has been granted in a US District Court in Eastern Texas to hear oral arguments over the federal oversight of laboratory-developed tests (LDTs) on February 19.

Lawsuits against the federal oversight of LDTs were consolidated and filed by the American Clinical Laboratory Association (ACLA) and the Association for Molecular Pathology (AMP) on September 9, 2024. In October, the CAP filed an amicus brief urging the court to vacate the FDA regulation for several reasons, including the ultimate impact on patient access to these critically important diagnostic tests and the agency's failure to adequately justify the rule's unsustainable costs that will hinder the development of LDTs.

The Food and Drug Administration (FDA) filed its closing brief on December 23, 2024, in the federal court case over the regulation of LDTs.

The CAP will update members on the final decision as information becomes available.

The CAP sent its members a PathNET Action Alert on January 26 calling on pathologists to send messages to congressional offices about stopping the latest cuts to Medicare payment.

Coupled with inflation in 2025, pathologists are anticipated to see a net 6% reduction in revenues as Medicare reimbursement has dropped by close to 2.5% while expenses are expected to increase by 3.5%. The CAP has strongly opposed the cuts and is actively working with lawmakers to enact short- and long-term Medicare payment reforms. When CAP members respond to PathNET Action Alerts, pathologists are reinforcing the need and urgency to compel Congress to act.

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Since Inauguration Day, President Donald J. Trump has signed several executive orders and memoranda that directly and indirectly affect federal health care agencies and policies. The CAP is analyzing all the White House activities to determine potential impacts on pathologists and laboratories. Some of the policies the CAP is monitoring include the withdrawal of the US from the World Health Organization, changes or revocation of federal grants, and policies that may affect the CAP’s membership.

The impact of these policies beyond the initial announcement is fluid in a rapidly changing environment, including likely judicial challenges as well as potential congressional activity.

The CAP is also tracking several executive orders and memoranda that will lead to federal workforce changes and realignments that may impact CAP policy, such as orders instating a federal hiring freeze and recategorizing federal policy-influencing positions (both issued January 21). 

The CAP will continue monitoring all White House activities and updating members as more information becomes available.

State pathology societies are a valuable resource for medical trainees. In a new American Cancer Society Journal article, CAP members Myles R. McCrary, MD, PhD, and Carmen Gomez-Fernandez, MD, FCAP, highlighted how resident pipelines in state societies are crucial to protecting pathology and growing state societies. The article also underscores how state pathology societies can partner with the CAP to bolster advocacy efforts at the state and federal levels on issues impacting pathologists.

Read the full story online.

Are you ready to shape the future of pathology? Join your colleagues April 26–29 at the CAP House of Delegates & Pathologists Leadership Summit 2025.

Advocate for your profession, drive change on Capitol Hill, and ensure your voice is heard on what matters most—our specialty and our patients. Register today!

Registered already? Use #MagnifyingthePowerofPathologists on social media to share with your colleagues!