Now Is the Time to Fix the Medicare Physician Payment Problem

Allen S. Lichter, MD, ASCO CEO July 2010, Volume 1, Issue 2

Medicare pays physicians according to a fee schedule established by Congress. This year, Medicare will pay the nation's 850,000 physicians a total of $92 billion, or roughly $108,000 per physician. From this payment, physicians pay their nurses and office staff, office expenses, patient record and billing costs, and malpractice insurance. If any funds are left over, they can pay themselves a salary. Looked at another way, of the 45 million seniors cared for by Medicare, a little over $2,000 is allocated per beneficiary to the physician community. The government will spend about $520 billion on Medicare this year; 17% will go to physicians, and the remaining 83% goes to hospitals, nursing homes, laboratories, drugs costs, and the like.

Are doctors paid too much by Medicare? The government thinks so. A formula was enacted in the late 1990s that set limits on the total amount of money Medicare can pay doctors, and the agency that runs the program has exceeded the payment cap. How much are we talking about? From 1996 to the present, Congress authorized aggregate payments of about $1 trillion dollars to physicians, and that number has been overspent by $19 billion. That's a 1.9% cost overrun on a $1 trillion program over a 14-year period. As federal programs go, one might think that being that close to budget over such an extended period of time would be cause for celebration. Instead, the law demands that the $19 billion be paid back by America's physicians, and it must be paid back in a single year. This has created a serious crisis, and it needs to be fixed. Let me explain.

The 'Doc Fix'

If $19 billion must be reclaimed in a 12-month period, physician fees have to be cut a staggering 21% in a single stroke. And the law requires that this be the new baseline for future years. Medicare today pays physicians, on average, about 20% to 30% less than private insurance for the same services. With a 21% cut, the gap would start to approach 50%. Everyone, including the leadership of the Medicare program and the vast majority of Congress, realizes that such a gap is unsustainable and will cause physicians to leave the Medicare program in great numbers. Seniors would find it difficult, if not impossible, to find care. No one wants that to happen, and Congress will not allow it to happen. So every year leading up to the present, Congress has refused to allow the cut to occur. Instead, they have put a series of "temporary" patches in place.

1.2.23_quoteDue to the failure to address this payment problem, today's cost of fixing the physician payment scheme (the "doc fix," as it is referred to inside the Beltway) is $247 billion. That number comes from the $19 billion cost overrun extrapolated out to 10 years with inflation costs built in. Some might wonder how a 1.9% cost overrun over 14 years can cost $247 billion to remedy-such is the math of the federal budget. But will it really "cost" that amount?

Congress will no doubt continue to appropriate the funds to patch the system. The money will be spent. But if they don't actually pass a doc fix, they don't have to count the $247 billion against the nation's deficit. They simply pay it out in dribs and drabs. It's the same money and the same ultimate cost, but using this sleight of hand, the cost does not have to appear in deficit forecasts and Congress looks more fiscally responsible. The fact is that fixing this problem permanently will require no more funding than will be expended anyway.

The Payment Roller Coaster

So what's the problem? Just let Congress apply a patch from time to time and move on. Unfortunately, it's not so simple. Every time the doc fix comes up for debate, it is used as leverage in the discussion of deficits, health-care costs, and a host of other issues. Just this year alone, Congress has passed four short-term patches, two of them after the 21% cut actually went into effect. Starting Monday, June 14th, doctors were paid 21% less than on June 1st. On June 24th, the House approved a 6-month plan to reverse this 21% cut. But physicians, especially those who see lots of Medicare patients, cannot run their practices while riding this payment roller coaster. Cash-flow problems will start appearing in practices within a week or two as bills come due for payment and funds are not there. Long-term plans to hire staff or expand services cannot be made when revenue projections are so uncertain. The frustration that the nation's physicians feel over this issue is entirely understandable.

If the can is kicked down the road for another 3 or 4 years, the compound effect will make this "fix" cost in excess of $400 billion. At that point, this problem will never get solved and physician payments from Medicare will be a permanent political football, subject to the whims and uncertainties of any political process. Ultimately, physicians will figure out how to remove themselves from this unstable system and withdraw from Medicare. The damage to seniors from this eventuality will be immense. In 2004, the doc fix would have "cost" $49 billion. Today, it's $247 billion. Tomorrow, who knows, but two things are certain: This problem has to be fixed or it will ruin Medicare, and it will never be cheaper to fix than today. That is why ASCO is fighting to get this done. ■

-Allen S. Lichter, MD

© 2010. American Society of Clinical Oncology. All Rights Reserved.

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