Saturday, November 21, 2020

CMS Posts Final Decisions on Pricing New Lab Codes for CY2021

On November 20, 2020, CMS closed out the new codes crosswalk/gapfill process for CY2021, by posting final pricing decisions.   

In a striking contrast from Fall 2019, CMS did not change any of the pricing decisions proposed in September 2020.

  • Last year, CMS disagreed with the advisory panel about half the time in its proposed decisions (September 27, 2019).  Last year, CMS changed about 20 codes between proposed and final (mostly by changing crosswalks to gapfills; December 4, 2019.)
This year, of 132 posted decisions, CMS disagreed with the panel on 8:
  • On 8X008, JAK2, exons 12,13, and on 8X006, MPL, common variants, CMS crosswalked to Tier 2 codes rather than specific crosswalks (agenda 95,96).  
  • Agenda items 40-45 were crosswalked to drug code G0480 rather than gapfilled as recommended  by panelists.
I tally 53 gapfill codes.  Most codes were single crosswalks. Of 78 crosswalked codes, exceptions were 3 codes which added two codes together.  CMS used fractions three times: one code was multiplied by 2.5x, and two codes were a base code and fraction of a second code. 


Category I MAAA code, 81XX1, agenda 66, 190 genes for pulmonary fibrosis, was converted to an ADLT code.  It's ADLT'd at $5500 (here).  It's the 7th ADLT.  The prior ADLT was back in 12/2019, the Myriad MyChoice FDA approved enhanced BRCA test, $4040.  The highest priced ADLT is a melanoma MAAA test at $7193.




COVID to GAPFILL

Of high interest to many, codes U0001-U0004 were set to gapfill, as proposed in September, and as recommended by many panelists.  However, at least until the end of the public health emergency, prices of U0003-U0004 are set by administrative order ($100 in 2019, $75 in 2020 if >72 hours but allowing a $25 rapid test report supplement).  I believe these codes would be come unpriced at the legal ending of the PHE which is why CMS is putting them through the CLFS process.

FIND THE DATA; APPEAL IF YOU LIKE

Find the spreadsheet at this CMS webpage HERE, scrolling down for the Zip file of the Excel file "CY 2021 - Clinical Laboratory Fee Schedule Test Codes Final Payment Determinations (ver. 1) (ZIP)."  CMS occassionally finds errors and updates the file.  Final prices will also appear in December on the release of the entire CLFS (including both new and old codes) for CY2022.

Stakeholders can appeal the method of payment until January 20, 2021 (see spreadsheet, top row for instructions).  Appealed codes are simply put back into the CLFS pricing process again in June 2021.


Friday, November 20, 2020

Congressional Report Language: Fall 2020 Version

Every year, the House and Senate committees issue "Report Language" along with their fiscal year budget plans.   Report Language is different than lawmaking,  In Lawmaking, Congress might order CMS to hold a meeting on topic X and allocate $100,000 for it, or order CDC to start a new program and allocate $4M dollars for it.

In the soft world of "report language," Congress (either House, or Senate, or often but not always both) will ask the agency to pay attention to something, do something, or report on something.  The agencies don't have to do it.  But they don't usually ignore these completely, the Agency will "report back" six or nine months later in some kind of response.   The response could be large ("We have issued a 100 page agency report available at this link...") or could be very minor ("Agency thanks the Committee for its interest in ABC.  ABC is also a high interest of us here at the Agency.  We continue to closely study policies for ABC."

OVERVIEW

Here's a 2020 five-page white paper on "What Is Report Language?"

https://www.everycrsreport.com/files/20100323_98-558_cba7e28584033a268db936509835e7948a369635.pdf

SENATE REPORT LANGUAGE NOVEMBER 2020

Here is the September 2020, 281 page Report Language request FROM SENATE to agencies in Health, Education, Labor, and related agencies (aka HELP).

https://www.appropriations.senate.gov/imo/media/doc/LHHSRept.pdf 

Mirrored in a cloud copy here:

https://drive.google.com/file/d/1IrDLrhScGWG5FKJ0225ckUruBZFAlswT/view?usp=sharing


HOUSE REPORT LANUGAGE JULY 2020

Here is the July 2021, 384 page Report Language request FROM HOUSE to the same agencies.

https://drive.google.com/file/d/191j3Wk9nXjCaBC980XdG98ZFSiHExaWj/view?usp=sharing

I don't have an official House link (just use the cloud copy of the House report) but in general House reports are indexed here.

####

####


####







Wednesday, November 18, 2020

MolDx DEX Public User Warning (November 18, 2020)

 https://app.dexzcodes.com/app#!newSplashPage

Notice--DEX™ Diagnostics Exchange

General Terms: Palmetto GBA LLC and/or one of its subsidiaries (“Palmetto GBA”) is the owner/licensor of the DEX™ Diagnostics Exchange software product (“Software”) including its clinical content (“Clinical Content”, and together with the Software, the “Work”). The Work contains proprietary, confidential and trade secret information of Palmetto GBA and may only be used by licensees who have an existing license agreement in force only under the time-limited license as provided under that license agreement (“Licensee”). Palmetto GBA is also the owner of DEX Z-Codes and the catalog of Z-Codes. Licensee and any recipient thereunder shall use the Work and the Z-Codes in accordance with the terms and conditions of the license agreement. Any other use of the Work or the Z-Codes is unauthorized and prohibited by law. In the event of a conflict between these Terms and a written and signed agreement between Palmetto GBA and Licensee, such written and signed agreement shall control.


If You Have Been Provided Access for Evaluation Purposes: Palmetto GBA is the owner/licensor of the Work. Palmetto GBA has prepared this Work for use solely by its licensees. This Work contains proprietary, confidential and trade secret information of Palmetto GBA. If you have been provided access to the Work for evaluation purposes only, such access is provided to you only under a nontransferable, nonexclusive license whose term is limited to the time frame set forth in the e-mail notification sent to you containing your access password and any other terms or conditions of use provided by Palmetto GBA from time to time. You and any recipient hereunder shall use the Work in accordance with the terms and conditions of this license and the e-mail notification. You are granted this license solely for the purpose of your internal evaluation of the Work as part of your decision whether to license the Work, and for no other purpose. You expressly agree to keep the Work confidential and not to release or disclose the Work to any other third person without Palmetto GBA's express written permission. Publication of the Work or unauthorized reproduction of the Work, including but not limited to the printing or distribution of any portion of the Work or results obtained as part of the permitted evaluation, adaptation, incorporation into other media, and release of this Work by you, is strictly prohibited except upon prior written permission of Palmetto GBA. Any copies or reproductions of the Work, whether electronic or physical, made by you during the limited evaluation term shall be destroyed and shall not be used for any purpose upon the expiration of the term. The permissions granted herein are terminable at will by either party.


Proprietary Notice: The Work is protected under United States and international copyright law, federal and state trade secret law and/or other intellectual property laws. If this Work is delivered pursuant to a federal government contract that requires the conveyance of rights in data to the government, it is understood that the Work, including commercial software, clinical content, third-party software, documentation and/or other technical data, was developed exclusively at Palmetto GBA's private expense, and that Palmetto GBA will convey only limited or restricted rights in the Work to the government consistent with the guidance set forth in the Federal Acquisition Regulation (“FAR”) and/or FAR Supplements. Conveyance of any additional rights beyond limited or restricted rights in the Work requires Palmetto GBA's express consent contained in a separate written agreement.


Acknowledgments and Disclaimer:


The Clinical Content as provided reflects clinical interpretations and analyses and cannot alone either resolve medical ambiguities of particular situations or provide the sole basis for definitive decisions. The Clinical Content is intended solely for use as screening guidelines with respect to the medical appropriateness of healthcare services and not for final clinical or payment determinations concerning the type or level of medical care provided, or proposed to be provided, to a patient.

THE WORK IS PROVIDED "AS IS." PALMETTO GBA DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SERVICE OF THE WORK, OR THE COMPATIBILITY OF OUTPUT USING THE WORK WITH ANY LAW, REGULATION, OR ORDER. IN NO EVENT SHALL PALMETTO GBA BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH, OR ARISING OUT OF, ANY USE OF THE WORK.


Trademarks: DEX Diagnostics Exchange™ and Z-Codes™ are trademarks of Palmetto GBA LLC and/or Blue Cross and Blue Shield of South Carolina.


© 2020 Palmetto GBA LLC. All rights reserved.


No portion of this publication or the Work may be copied, reproduced, or incorporated into any other media without Palmetto GBA's prior written consent.

Third Party Notices:


AMA CPT® Codes: The Work may incorporate the CPT® terminology developed and copyrighted by the American Medical Association ("AMA"). The CPT codes and terminology are provided pursuant to a license agreement between Palmetto GBA and the AMA.


CPT copyright 2019 American Medical Association. All rights reserved. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. CPT is a registered trademark of the American Medical Association.


Applicable FARS/DFARS Restrictions Apply to Government Use.

U.S. Government Rights


This product includes CPT which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 60654. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable, for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (December 2007) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

HGNC: HUGO Gene Nomenclature Committee at the European Bioinformatics Institute http://www.genenames.org/












Notice--DEX™ Diagnostics Exchange

General Terms: Palmetto GBA LLC and/or one of its subsidiaries (“Palmetto GBA”) is the owner/licensor of the DEX™ Diagnostics Exchange software product (“Software”) including its clinical content (“Clinical Content”, and together with the Software, the “Work”). The Work contains proprietary, confidential and trade secret information of Palmetto GBA and may only be used by licensees who have an existing license agreement in force only under the time-limited license as provided under that license agreement (“Licensee”). Palmetto GBA is also the owner of DEX Z-Codes and the catalog of Z-Codes. Licensee and any recipient thereunder shall use the Work and the Z-Codes in accordance with the terms and conditions of the license agreement. Any other use of the Work or the Z-Codes is unauthorized and prohibited by law. In the event of a conflict between these Terms and a written and signed agreement between Palmetto GBA and Licensee, such written and signed agreement shall control.

If You Have Been Provided Access for Evaluation Purposes: Palmetto GBA is the owner/licensor of the Work. Palmetto GBA has prepared this Work for use solely by its licensees. This Work contains proprietary, confidential and trade secret information of Palmetto GBA. If you have been provided access to the Work for evaluation purposes only, such access is provided to you only under a nontransferable, nonexclusive license whose term is limited to the time frame set forth in the e-mail notification sent to you containing your access password and any other terms or conditions of use provided by Palmetto GBA from time to time. You and any recipient hereunder shall use the Work in accordance with the terms and conditions of this license and the e-mail notification. You are granted this license solely for the purpose of your internal evaluation of the Work as part of your decision whether to license the Work, and for no other purpose. You expressly agree to keep the Work confidential and not to release or disclose the Work to any other third person without Palmetto GBA's express written permission. Publication of the Work or unauthorized reproduction of the Work, including but not limited to the printing or distribution of any portion of the Work or results obtained as part of the permitted evaluation, adaptation, incorporation into other media, and release of this Work by you, is strictly prohibited except upon prior written permission of Palmetto GBA. Any copies or reproductions of the Work, whether electronic or physical, made by you during the limited evaluation term shall be destroyed and shall not be used for any purpose upon the expiration of the term. The permissions granted herein are terminable at will by either party.

Proprietary Notice: The Work is protected under United States and international copyright law, federal and state trade secret law and/or other intellectual property laws. If this Work is delivered pursuant to a federal government contract that requires the conveyance of rights in data to the government, it is understood that the Work, including commercial software, clinical content, third-party software, documentation and/or other technical data, was developed exclusively at Palmetto GBA's private expense, and that Palmetto GBA will convey only limited or restricted rights in the Work to the government consistent with the guidance set forth in the Federal Acquisition Regulation (“FAR”) and/or FAR Supplements. Conveyance of any additional rights beyond limited or restricted rights in the Work requires Palmetto GBA's express consent contained in a separate written agreement.

Acknowledgments and Disclaimer:

The Clinical Content as provided reflects clinical interpretations and analyses and cannot alone either resolve medical ambiguities of particular situations or provide the sole basis for definitive decisions. The Clinical Content is intended solely for use as screening guidelines with respect to the medical appropriateness of healthcare services and not for final clinical or payment determinations concerning the type or level of medical care provided, or proposed to be provided, to a patient.

THE WORK IS PROVIDED "AS IS." PALMETTO GBA DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SERVICE OF THE WORK, OR THE COMPATIBILITY OF OUTPUT USING THE WORK WITH ANY LAW, REGULATION, OR ORDER. IN NO EVENT SHALL PALMETTO GBA BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH, OR ARISING OUT OF, ANY USE OF THE WORK.

Trademarks: DEX Diagnostics Exchange™ and Z-Codes™ are trademarks of Palmetto GBA LLC and/or Blue Cross and Blue Shield of South Carolina.

© 2020 Palmetto GBA LLC. All rights reserved.

No portion of this publication or the Work may be copied, reproduced, or incorporated into any other media without Palmetto GBA's prior written consent.

Third Party Notices:

AMA CPT® Codes: The Work may incorporate the CPT® terminology developed and copyrighted by the American Medical Association ("AMA"). The CPT codes and terminology are provided pursuant to a license agreement between Palmetto GBA and the AMA.

CPT copyright 2019 American Medical Association. All rights reserved. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. CPT is a registered trademark of the American Medical Association.

Applicable FARS/DFARS Restrictions Apply to Government Use.

U.S. Government Rights

This product includes CPT which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 60654. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable, for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (December 2007) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

HGNC: HUGO Gene Nomenclature Committee at the European Bioinformatics Institute http://www.genenames.org/

DECLINE
ACCEPT


MolDx DEX Privacy Notice - September 28, Update November 1 (2020)

 https://www.palmettogba.com/Palmetto/moldx.nsf/vMasterDID/BSDNY30653


Captured 11/28/2020

DEX™ Diagnostics Exchange Privacy Advisory

Effective Date: 09/28/2020

This Palmetto GBA Privacy Advisory ("Privacy Advisory") explains (1) what information we collect and why we collect it; (2) how we use and protect that information; and (3) the choices and rights you have in relation to your information. This Privacy Advisory applies to Personal Information we Process about you in the course of your use of the DEX™ Diagnostics Exchange products and/or services (collectively, the "Services"). "Personal Information" is information, or a combination of pieces of information, that (a) could reasonably be used to identify, locate, contact or otherwise link to an individual [or household], (b) relates to an identified or identifiable natural person, (c) is defined as ‘protected health information' under the Health Insurance Portability and Accountability Act ("HIPAA"), or (d) is subject to additional personal or related privacy protections under applicable law. "Processing" means using cookies on a computer or mobile device or using or touching information in any way, including but not limited to, collecting, storing, deleting, using, combining, and disclosing information.

By using the Services, you accept the privacy practices presented in this Privacy Advisory. Privacy matters to Palmetto GBA, so whether you are new to Palmetto GBA or a long-time user, please read this Privacy Advisory in full to understand our privacy practices before using the Services or submitting any personal or other information. If you have any questions, please contact us using the contact information at the bottom of this Privacy Advisory.

This Privacy Advisory applies only to the Services. Palmetto GBA affiliates and subsidiaries may have separate websites, sub-domains, and services through other web, mobile, or cloud platforms which are not subject to this Privacy Advisory. Additionally, Palmetto GBA business partners, and networks and other third parties have their own websites and services with separate privacy practices. We encourage you to read their privacy notices/policies and understand their privacy practices.
By using the Site, you agree to the terms in this Privacy Advisory. If you do not agree with the practices described in this Privacy Advisory, please do not provide us with your Personal Information or otherwise use the Services. Except to the extent required by law or regulation, certain provisions of this Privacy Advisory may be superseded by other written agreements that your Institution (as defined below) has entered into with Palmetto GBA.

Information controlled by your Institution
Upon licensed access, Palmetto GBA will provide you the Services as authorized by your health agency or institution (Institution) such as access to your Institution's servers and databases. Information transmitted to your Institution shall be stored, collected, used, retained, or shared by your Institution according to its policies and procedures.

What information is collected through the Services?
Licensed users of the Services may access information contained in your Institution's or Palmetto GBA's database. Based on your Institution's configuration, the Services may also collect Personal Information and other information from a variety of sources, including from you directly as well as through your use of the Services. This data may include:

Information we may collect directly from you:

  • Personal details (e.g., full name, initials)
  • Contact details (e.g., personal and business phone number, email address, postal address, title).
  • Account details (e.g., username, password, customer ID, license number and other product registration information)
  • Professional and Employment (occupation and title).

Information we may collect through your use of the Services:

  • Technical information collected from your computer or mobile device (e.g. your IP address, browser type, operating system)
  • Transaction-related information (e.g., product download ID/name, account contact information, device ID, download frequency/time)
  • Information about your usage of the Services (e.g. the pages you visit, how often you use the Services, content sent or received using the Services).
    • Device event information (e.g., errors, system activity, hardware settings, the date and time of your request).

Information we may collect from other sources:

  • Information captured during account registration.

We may also be required by law to collect certain Personal Information about you or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfilment of these obligations.

Information on your location
We may collect information about your location for troubleshooting or to enhance your experience with the Services. Furthermore, we may share your geolocation with your Institution. Geolocation information is a critical component of certain Services.

How Does Palmetto GBA Use the Information We Collect?
Palmetto GBA uses the information we collect to provide, maintain, protect and improve the quality of our services, to develop new products and services, and to protect Palmetto GBA and our users. You do not have the option to consent to or opt out of these uses or disclosures, and by providing such information to us, you authorize us to use and to make disclosures of the information in accordance with this Privacy Advisory. If you decline to provide such information to us (thereby authorizing us to use and to make disclosures of the information in accordance with this Privacy Advisory), you will be unable to use the Services.

Information we collect may be used to:

  • Activate your access to the Services or related databases
  • Identify and authenticate you as a user
  • Improve our services (e.g., perform diagnostic services such as error reporting)
  • Provide personalized user services or customized site content
  • Perform location verification and identify applicable state regulations
  • Identify usage trends
  • Perform data analysis and audits
  • Send push notifications
  • Communicate with you (e.g., respond to questions you send us)
  • Exercise our legal rights (e.g., detect, prevent and respond to fraud claims, intellectual property infringement claims or violations of law or our Terms of Use)
  • Log into the Services

We may also de-identify (e.g., pseudonymize) or anonymize your Personal Information in such a way that you may not reasonably be re-identified, and may use this information for any additional purpose allowable by law.

Processing of Sensitive Personal Information
We may Process certain special categories of Personal Information where necessary and in compliance with applicable local data privacy and data protection laws and otherwise as required by law.

How Does Palmetto GBA Share the Information We Collect?
Information entered through the Services may be shared with your Institution. Palmetto GBA exercises no authority over your Institution's privacy and data collection practices and policies or how your Institution may use information transmitted through the Services. Palmetto GBA may also share information with companies, organizations or individuals outside of Palmetto GBA if we have a good faith belief that access, use, preservation, or disclosure of that information is reasonably necessary to:

  • Meet applicable laws, regulations, legal processes or enforceable governmental requests
  • Provide services you have requested
  • Enforce applicable Terms of Use, including investigation of potential violations
  • Detect, prevent, or otherwise address fraud, security or technical issues
  • Protect against harm to the rights, property or safety of our users, Palmetto GBA, or the public as required or permitted by law
  • Engage in a merger, acquisition, reorganization, or sale of all or a portion of Palmetto GBA assets.

We may share personal information with other Palmetto GBA Business Units when permitted by law. Palmetto GBA may also share information with our service partners who do work on our behalf, and have agreed to adhere to appropriate privacy, security and confidentiality provisions. User is given an option to opt-out of future outreach by Palmetto GBA.

Health Information
As a key provider of services and technology to the healthcare industry, Palmetto GBA has implemented programs to address the privacy and security rules required by applicable regulations, including HIPAA and the Health Information Technology for Economic and Clinical Health (HITECH) Act.

Information from Children
The Services are not intended for any user under the age of 13.

Information Security
To help protect the privacy of data and Personal Information you transmit through use of the Services, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your Personal Information to those employees who need to know that information to provide the Services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities.

Information Retention
Your Personal Information is stored by Palmetto GBA on its and/or your Institution's servers, and on the servers of the cloud-based database management services that we and/or your Institution engage. We retain your Personal Information (a) for the duration of your Institution's business relationship with Palmetto GBA and for a period of time thereafter to allow your Institution to recover data if your Institution decides to renew its business relationship with Palmetto GBA, (b) to analyze the data for Palmetto GBA's own operations, (c) for Palmetto GBA's historical and archiving purposes, and (d) for as long as we deem necessary to comply with contract, our legal obligations or defend against potential legal claims.

Do Not Track Signals
The Services do not track users over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (DNT) signals.

Privacy Advisory Changes
From time to time, this Privacy Advisory and our Terms of Use are expected to change. We reserve the right to amend the Privacy Advisory and Terms of Use at any time, for any reason, without notice to you, other than the posting of the amended Privacy Advisory and Terms of Use through the Services. Where required by law, if we make any revisions to this Privacy Advisory or our Terms of Use that materially alter the ways in which we Process your Personal Information, we will notify you of these changes before applying them to that Personal Information.

Consent
By using the Services, you agree to the terms and conditions contained in this Privacy Advisory, the Terms of Use and/or any other agreement that we might have with you. If you do not agree, you should not use the Services or any other Palmetto GBA products or services. By using the Services, you are agreeing to our Processing of information as set forth in this Privacy Advisory.

Access and Changes to PII Collected
To obtain a copy of PII you provided us, including how to make corrections or updates, please email DEX.Customer.Service@PalmettoGBA.com.

Contact Us
If you have questions or concerns about this Privacy Advisory, please contact
Lee G. McElveen
VP, Compliance and Privacy Officer
Palmetto GBA
P. O. Box 100134 (AG-A02)
Columbia, SC  29202-3134
W: 803.763.8143
F: 803.865.3807
Lee.McElveen@PalmettoGBA.com

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy.

    Monday, November 16, 2020

    Jason Bennet Interview (Advamed, Tech Coding and Pricing for CMS)

     https://www.mystrategist.com/blog/article/new_tech_gets_new_focus_at_cms_with_recent_restructure.html



    ARTICLE SUMMARY:

    The Medicare agency is reorganizing staff to establish a starting place and clearer pathway for innovators seeking coverage, coding, and payment for new technologies. Jason Bennett, CMS’ point person on the effort, unveiled the strategy this week at AdvaMed’s annual meeting, Market Pathways reports.

    [For a complete roundup of medtech policy happenings this week, deeper analysis of the sector, and a comprehensive inventory of global medtech policy documents check out Market PathwaysIf you don’t subscribe, sign up for a free trial.]

    CMS has added a new permanent office and launched a six-month pilot program to simplify how new innovative medical technologies can interact with the multi-faceted Medicare reimbursement process.

    The new structure comes amid a rapidly evolving medtech-focused policy framework at CMS, including reforms advanced last year to streamline bonus payments to FDA-designated Breakthrough Devices and, more recently, the agency’s proposal to automatically grant temporary national coverage to Breakthrough Devices (Medicare Coverage for Innovative Technology, or MCIT, program). These reforms are highly praised by industry, but companies have nonetheless called for a more fundamental organizational shift in how CMS operates in the realm of new technology.

    The Technology, Coding, and Pricing Group launched last month within CMS’ Center for Medicare. It puts under one roof functions relating to medical technology that have previously been housed in disparate parts of CMS. In conjunction, the agency has brought together a smaller, dedicated team of “navigators” who, for the next six months at least, will be focused on helping shepherd medtech innovators through what can be a byzantine reimbursement process that wasn’t necessarily structured with next-generation technologies in mind.

    “Part of navigating CMS is knowing who to engage with, when to engage with them, and in what order.”

    Jason Bennett, CMS

    “The pace of innovation continues to accelerate. We have had an increase in volume and complexity that has driven us to think differently about how we have organized our work,” said Jason Bennett, a veteran HHS official who was recently tapped as acting director of the new group. Bennett introduced the Technology, Coding, and Pricing Group October 5 during a live session at The Virtual MedTech Conference, AdvaMed’s annual meeting. “It really spoke to us at CMS that it was time to structure ourselves differently, to have a focal area where we would have leadership and staff who are working on innovative technologies on a daily basis.”

    Bennett has served in multiple roles within the Center of Medicare for the past three years, and before that was an official at the Health Resources and Services Administration. CMS posted a vacancy in September to fill the Technology, Coding, and Pricing director role on a permanent basis.

    Tech Teams Together

    CMS consists of dozens of centers, offices, and groups organized around the operations of the US healthcare system, the agency’s distinct roles in establishing coverage, coding, and payment for health care services, and other functions. But there has been no single starting point for developers of new technologies trying to figure out how to get their products appropriately recognized by the Medicare system. That makes the transition from the very technology-focused FDA process to the CMS realm complicated, for smaller, inexperienced companies, in particular.

    The Technology, Coding, and Pricing Group is now the single home for several parts of CMS that are often key stop-off points for device makers. In particular, the group’s newly formed Division of New Technology is now in charge of Medicare’s multiple add-on payment programs that offer medtech developers the opportunity to qualify for temporary bonus payments for their new technology to support adoption while CMS figures out longer term reimbursement policies. This includes hospital inpatient new-technology add-on payments (NTAP), outpatient pass-through payments, and the recently established new technology payments for end stage renal disease.

    The new group also includes divisions focused on policies for durable medical equipment, prosthetics, and supplies, including the DMEPOS competitive bidding program, and the new Division of Coding and Diagnosis Related Groups. The latter unit is focused on Healthcare Common Procedure Coding System (HCPCS) codes, the ICD-10 system, and inpatient Diagnosis-Related Group (DRG) Categories. “It’s a team of professionals who are thinking about coding day in and day out,” Bennett explained. 

    Navigators Point the Way?

    But there are also CMS segments critical to the device industry that have not been folded into the new group, most notably the Coverage and Analysis Group, run by Tamara Syrek Jensen. And the Hospital and Ambulatory Policy Group, which develops the annual Medicare payment rules, also continues under the separate leadership of Carol Blackford.

    “I know that we are not the only ones you may engage with,” Bennett told the audience of the CMS Townhall at the AdvaMed Meeting. “Part of navigating CMS is knowing who to engage with, when to engage with them, and in what order.”

    Addressing that long-standing puzzle is the goal of the six-month “navigator” pilot project that CMS quietly announced in conjunction with the release of its MCIT proposal at the end of August. The program is now getting off the ground, with at least one company leveraging the framework so far.

    The navigator team, Bennett said, is tasked essentially with “connecting the dots” for innovators by bringing together expertise and information from different parts of CMS in cases where the coverage, coding, and payments pathway for a new technology may not be immediately obvious.

    This isn’t the first attempt by CMS to try to connect the reimbursement dots for medtech start-ups. The agency first published its “Innovators’ Guide to Navigating Medicare” in 2008 and has since updated the document multiple times. And former agency officials have told Market Pathways that they had informally made efforts to bringing the necessary staff from different parts of CMS to help address an individual company’s project. But this is the most significant organizational restructuring that has been carried out to address the issue.

    “We really are trying to get a sense as to whether...we can organize our processes in a more efficient way and a more customer-focused way, so that we can really get the right information at the right time both within CMS, but also with innovator companies,” Bennett said.

    Because it is a pilot project, the agency will regularly assess the approach and whether the navigator team has the resources to effectively address the issues that arise. The agency will also be looking to learn what types of information it can proactively make more accessible and easily understandable to stakeholders to reduce the number of circumstances in which companies feel they need to seek special assistance.

    “We realize not everyone reads every one of the rules we put out,” Bennett said. “Recognizing you might have missed a key piece of information on, say, page 114 of a rule, someone may be able to help point that out. But if there was a way we could have organized that differently to bring it to the forefront, that is part of what we’re doing.”

    At least one company has already scheduled a meeting with the navigator team, according to industry stakeholders, but the identity of the firm has not been made public.

    The firm, which is an AdvaMed member, will be the first company that will be assisted via the new navigator pilot, Richard Price, AdvaMed’s Senior VP, Payment and Health Care Delivery Policy, told Market Pathways

    The major issue for the company, Price explained, “is it is unclear exactly how their technology would fit into the existing benefits structure of Medicare.”

    The company will be meeting with CMS soon, he said, which is a “really important sign that Medicare is serious about helping companies find pathways to coverage for their innovative technologies.”

    Bennett affirmed that the team of liaisons is open for business; interested companies should email medicareinnovation@cms.hhs.govto seek assistance.

    [Pictured aboveBennett, along with CMS officials Tamara Syrek Jensen and Carol Blackford, and AdvaMed's Don May, on the October 5 MedTech Conference CMS Townhall]


    Linked In Job Listing for Technology Coding Pricing Division at CMS - 2020

     




    Director, 

    Technology, Coding and Pricing Group

    Company NameCenters for Medicare & Medicaid Services Company Location Baltimore, MD, US

    No longer accepting applications
    • Girish Putcha
    • Jamie Hermansen
    • Kimberly Brandt
    Share
    Show more options
    Videos

    Duties

    Summary

    As the Director, Technology, Coding and Pricing Group, you will provide executive direction for the consideration of new technologies and their treatment in the Medicare program. You will lead the development and evaluation of national Medicare policies and standards on certain benefit structures and payment methods; the maintenance of medical coding systems; and the assessment of applications for special payment consideration for new technologies under several payment systems.
    Learn more about this agency

    Responsibilities
    • Develop and evaluate national Medicare policies and principles for payment of new technologies for various provider types under prospective payment systems.
    • Develop methodologies to adjust payments based on statutory and regulatory criteria.
    • Develop, evaluate and review payment and benefits policies, regulations and instructions concerning durable medical equipment, prosthetics, orthotics and supplies items and services.
    • Develop, evaluate and review policies, regulations, requests for codes, and instructions concerning HCPCS and ICD-10 coding.
    • Develop, evaluate and issue data collection methods for clinical laboratory services and part B drug average sales price (ASP). Calculate payment amounts based on the collected data as required by regulation and statute.
    • Oversee ambulance payment policy and required cost data collection for ground ambulance providers and suppliers.
    • Oversee the data analysis contract used to monitor DMEPOS competitive bidding and other payment system assessment topics to support ongoing policy changes and monitor the impact of such changes.
    • Maintain continuing liaison with provider groups, industry associations, patient organizations, medical associations, and other stakeholders that relate to Medicare benefits.
    • Evaluate applications for new technology payment status under the inpatient and outpatient hospital prospective payment systems and the End Stage Renal Disease prospective payment system.


    Travel Required

    Not required
    Supervisory status
    Yes
    Promotion Potential
    None
    Job family (Series)
    0340 Program Management

    Requirements

    Conditions of Employment
    • U.S. Citizenship required.
    • Background and/or Security Investigation required.
    • One year SES probationary period required.
    • The Ethics in Government Act, PL 95-521 requires the applicant selected for this position to submit a financial disclosure statement, SF-278, prior to assuming the SES position, annually, and upon termination of employment.
    • Status applicants must submit a copy of their most recent SF-50, Notification of Personnel Action, which verifies status.
    • All initial appointments to an SES position are contingent on approval from OPM's Qualifications Review Board unless the selectee has successfully participated in an OPM approved SES Candidate Development Program.
    • All male applicants born after December 31, 1959, must have registered for the selective service. You will be required to sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.
    • Only experience obtained by the closing date of this announcement will be considered.


    Qualifications

    All competitive candidates for SES positions with the Federal Government must demonstrate leadership experience indicative of senior executive level management capability. To meet the minimum qualification requirements for this position, you must show in your resume that you possess the Fundamental Competencies, five Executive Core Qualifications, and the Professional/Technical Qualifications listed below. Evidence of this experience must be incorporated into your five page resume. Separate narratives for the Executive Core Qualifications and/or Professional/Technical Qualifications will not be accepted or considered. Typically, experience of this nature is gained at or above the GS-15 grade level in the Federal service, or its equivalent with state or local government, the private sector, or nongovernmental organizations.

    Fundamental Competencies

    Interpersonal Skills, Oral Communication, Integrity/Honesty, Written Communication, Continual Learning, and Public Service Motivation.

    Executive Core Qualifications (ECQs)
    • Leading Change: The ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment.
    • Leading People: The ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.
    • Results Driven: The ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.
    • Business Acumen: The ability to manage human, financial, and information resources strategically.
    • Building Coalitions: The ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.
    Professional/Technical Qualifications (PTQs)

    This position also requires that you possess PTQs that represent knowledge, skills, and abilities essential for success in this role. The following PTQs must be evident in your resume.
    • Knowledge of the policy, operations and fiscal procedures for the nation's health care programs, their interrelationships, and the social, political, and economic forces that affect them.
    • Ability to lead the development and issuance of complex health policy regulations and documents.
    It is STRONGLY recommended that you visit the following Office of Personnel Management (OPM) webpage for more information regarding the Fundamental Competencies and ECQs.
    (see application details)

    If selected, you will be required to complete an ECQ package by drafting narratives for each of the ECQs for submission and certification by an OPM Qualifications Review Board (QRB) in order to be placed in this position. If you are currently serving in a career SES appointment, are eligible for reinstatement into the SES, or have successfully completed an SES Candidate Development Program approved by the Office of Personnel Management (OPM), you will not need to draft the ECQs.

    Education

    This job does not have an education qualification requirement.

    Additional Information

    Salary for SES positions varies depending on qualifications. The annual salary range is found at the top of this announcement. The selectee for this position may be eligible for annual performance bonuses and performance-based pay adjustments.

    Veteran's Preference does not apply to the SES.
    Read more

    How You Will Be Evaluated

    You will be evaluated for this job based on how well you meet the qualifications above.

    We use a multi-step process to evaluate and refer applicants:
    • Minimum requirements: Your application must show that you meet all requirements, including the education and/or experience required for this position. You may be found 'not qualified' if you do not possess the minimum competencies required for the position. If your application is incomplete, we may rate you as ineligible.
    • Rating: A panel of Senior Executives will review your application and evaluate your qualification for this position based on the information in your application. Your application will be rated, based on the extent and quality of your experience, education, and training relevant to the duties of this position. Interviews will be at the discretion of the panel and/or selection official.
    • Referral: If you are among the top qualified candidates, your application will be referred to a selection official for consideration and possible interview.
    Read more

    Background checks and security clearance
    Security clearance
    Not Required
    Drug test required
    No
    Position sensitivity and risk
    Moderate Risk (MR)
    Trust determination process

    Required Documents

    All applicants are required to submit and/or complete the following documents to be considered for the position:
    • Resume that contains your full name, address and phone number, and does not exceed the five page limit;
    • Cover Letter (optional);
    • Online Assessment Questionnaire. To preview the assessment questionnaire, click here: (see application details)
    NOTE: THE USAJOBS RESUME TEMPLATE MAY RESULT IN A RESUME BEING LONGER THAN FIVE PAGES. PLEASE VERIFY PAGE LENGTH BEFORE SUBMISSION OF APPLICATION.

    Applicants who are currently, or were previously, Federal employees must also submit:
    • An SF-50 showing your current or former civil service status; and
    • Proof of OPM Qualifications Review Board certification (OPM-approved SES Candidate Development Program graduates), if applicable.
    NOTE: Documents submitted that are not listed in the Required Documents section of this announcement will not be considered or forwarded to the rating panel or selecting official.

    Benefits

    A career with the U.S. Government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Learn more about federal benefits .

    Review our benefits

    Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time, or intermittent. Contact the hiring agency for more information on the specific benefits offered.

    Fair & Transparent

    The Federal hiring process is setup to be fair and transparent. Please read the following guidance.

    Equal Employment Opportunity Policy

    The United States Government does not discriminate in employment on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factor.
    • Equal Employment Opportunity (EEO) for federal employees & job applicants
    Read more

    Reasonable Accommodation Policy

    Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application process should follow the instructions in the job opportunity announcement. For any part of the remaining hiring process, applicants should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

    A reasonable accommodation is any change to a job, the work environment, or the way things are usually done that enables an individual with a disability to apply for a job, perform job duties or receive equal access to job benefits.

    Under the Rehabilitation Act of 1973, federal agencies must provide reasonable accommodations when:
    • An applicant with a disability needs an accommodation to have an equal opportunity to apply for a job.
    • An employee with a disability needs an accommodation to perform the essential job duties or to gain access to the workplace.
    • An employee with a disability needs an accommodation to receive equal access to benefits, such as details, training, and office-sponsored events.

    You can request a reasonable accommodation at any time during the application or hiring process or while on the job. Requests are considered on a case-by-case basis.

    Learn more about disability employment and reasonable accommodations or how to contact an agency.
    Read more Legal and regulatory guidance
    • Financial suitability
    • Social security number request
    • Privacy Act
    • Signature and false statements
    • Selective Service
    • New employee probationary period

    Seniority Level

    Director

    Industry

    • Non-profit Organization Management 
       
    • Government Administration 
       
    • Hospital & Health Care

    Employment Type

    Contract

    Job Functions

    • Engineering 
       
    • Information Technology
    See less

    Pay range unavailable

    Salary information is not available at the moment.

    Are you interested in salary information for this job?Yes/No