Asclepios
Your Weekly Medicare Consumer Advocacy  Update
Once We're Dug  Out 
February 11, 2010 • Volume 10, Issue  6 
Back-to-back blizzards have frozen progress this week on a jobs bill  that 
will likely include important provisions for people with Medicare.   
When the roads are plowed and Congress returns to work, it is  critical 
that lawmakers pass this legislation as soon as possible. The  legislation’s 
main goals—getting Americans back to work and extending  unemployment 
assistance and help to pay health insurance premiums for those  who still can’t 
find 
work—are urgent, and two Medicare provisions are critical  for older adults 
and people with disabilities to maintain access to their  health care. 
The Senate jobs bill circulated this week would prevent a 21 percent  
Medicare pay cut for doctors from taking effect on March 1. A pay cut this  
drastic could seriously harm the ability of people with Medicare to maintain  
relationships with their doctors. This provision is a stop-gap measure—it  
delays the cut, which is mandated under the current Medicare payment formula,  
until October—and does not change the formula for the long term. That change, 
 which is necessary to avert a series of annual pay cuts required under 
current  law, will have to wait for passage of additional legislation. 
The second key provision in the Senate jobs bill would reinstate a  policy 
allowing exceptions to an annual cap on outpatient rehabilitation  therapy 
for people with Medicare. The exceptions policy expired at the end of  2009, 
which means that people with Medicare who need extensive therapy—to  recover 
from a stroke, for example, or for treatment of Parkinson’s  disease—could 
be denied coverage for the full course of therapy they need.  Many people 
with Medicare are now hitting the $1,860 cap; the sooner Congress  reinstates 
the exceptions policy, the sooner these people can receive coverage  for 
their treatments. 
The House jobs bill passed in December does not include these  Medicare 
provisions, but there is strong support in the House for dealing with  both the 
therapy cap and the doctor payment issues. (The House passed a  permanent 
repeal of the Medicare doctor payment formula last year. Both the  House and 
Senate health reform bills extended the exceptions policy for  
rehabilitation therapy.) 
People with Medicare have a lot staked on prompt passage of  legislation 
that puts off the doctor pay cut slated for March 1 and allows  exceptions for 
people who need rehabilitation therapy above the cap. Lawmakers  should not 
seek to delay or derail this legislation to score political  points. 

Medical  Record 
“The Senate bill could also include a short-term patch to  Medicare's 
physician payment formula, which must be adjusted in order to avoid  steep 
decreases in Medicare reimbursements to doctors. If the formula remains  
unchanged, the payment rate would drop by roughly 21% in March.”  (_Jobs Bill 
Likely 
to be Delayed in Senate_ 
(http://www.kintera.org/TR.asp?a=lrKTIVODLjISKcJ&s=cnKBINPqE8LBKRNDG&m=iqIOL2OCJeJYE&af=y)
 ,  Wall Street Journal, February 
2010) 
“Effective January 1 of this  year, people with Medicare face a $1,860 cap 
on the amount of physical and  speech therapy they can receive during the 
year, as well as a separate $1,860  cap on occupational therapy. The therapy 
caps limit treatment for older adults  and people with disabilities who need 
extensive therapy as they recover from a  stroke or other acute episode, or 
suffer from chronic conditions such as  Parkinson’s disease or multiple 
sclerosis.” (_Congress Must Extend Exceptions to Medicare Therapy  Cap_ 
(http://www.kintera.org/TR.asp?a=okIZJ4PPKmLZImI&s=cnKBINPqE8LBKRNDG&m=iqIOL2OCJeJYE&;
af=y) , Medicare Rights Center, February 2010) 
Learn More About _Health Reform and Medicare_ 
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Medicare Part D Appeals: An advocate's manual to navigating the  Medicare 
private drug plan appeals process by the Medicare Rights Center  offers an 
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sample protocol for advocates, and links to important resources. 
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