ASPS applauds introduction of CARES Act of 2011
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Mary Landrieu (D-La.; pictured above) and Thad Cochran (R-Miss.) reintroduced the CARES Act to the U.S. Senate on May 23 |
The Children's Access to Reconstructive Evaluation and Surgery (CARES) Act was reintroduced in the U.S. Senate on May 23 by Sen. Mary Landrieu (D-La.) and Sen. Thad Cochran (R-Miss.) as S.B. 1045, and in the U.S. House of Representatives on May 24 by Rep. Patrick Tiberi (R-Ohio) and Rep. Carolyn McCarthy (D-N.Y.) as H.R. 1955.
"For too long, families have had access to coverage denied for their children to receive the critical reconstructive surgical care that they need," says Tiberi. "It is long overdue that children born with congenital deformities receive coverage for procedures that will lead to functionality and normalcy."
If passed, this bipartisan legislation would require insurance companies to provide coverage for the treatment of a child's congenital or developmental deformity or disorder due to trauma, infection, tumor, disease and burns.
ASPS backs Medicare Patient Empowerment Act
Rep. Tom Price (R-Ga.) on May 3 introduced H.R. 1700, the Medicare Patient Empowerment Act (MPEA), which would allow physicians and patients the choice to determine how to structure their Medicare relationship by allowing them to contract, without penalty, for items and services outside of the Medicare system. Private contracting is a sustainable, patient-centered solution for some in the Medicare payment system, designed to ensure that patients will have access to the medical care they need.
Under current law, patients who sign private contracts to receive services outside of the Medicare program forfeit their benefits and must pay the entire cost out-of-pocket. Passage of H.R. 1700 would not only allow patients to receive and put the amount of their Medicare coverage toward the cost of treatment/services with only the balance to pay, but also eliminate the current two-year penalty for physicians who privately contract with Medicare patients.
On Capitol Hill
Southeast fly-in launches 2011 regional advocacy program
The ASPS Regional Advocacy Program continues to provide an excellent opportunity for plastic surgery to amplify its voice within the legislative process - with the most recent example of that provided by the Southeast Regional fly-in held May 24-25 in Washington, D.C.
ASPS members Lynn Damitz, MD; Roberta Gartside, MD; Michael Gross, MD; William Huffaker, MD; Michael Kanosky, MD; Beth Peterson, MD; Greg Swank, MD; Bruce White, MD; and ASPS Government Affairs Committee Chair Anne Taylor, MD, traveled to the nation's capital, where they enjoyed a dinner that featured guest speaker Rep. Phil Gingrey, MD (R-Ga.) - and meetings with U.S. Representatives or staff from more than 30 offices.
Key issues discussed in these meetings included:
- Physician payment reform (Medicare Patient Empowerment Act) and fixing the flawed sustainable growth rate
- Children's Access to Reconstructive Evaluation and Surgery (CARES) Act
- Repealing the Independent Payment Advisory Board
- Medical liability reform
For information, visit the ASPS advocacy events page on plasticsurgery.org. (Login required)
State Legislation and Regulation
Scope of Practice
Alabama legislation (S.B. 214) that would expand the dental scope of practice to allow dentists to write prescriptions for Botox® and dermal fillers died in committee when the legislative session adjourned June 9. ASPS actively opposed the bill.
The Louisiana State Board of Dentistry ruled on May 20 that the scope of practice of dentistry includes the use of Botox and dermal fillers. ASPS worked with the Louisiana Society of Plastic Surgeons and other medical specialties to formally oppose the rule.
New York legislation (S.B. 3059) that would expand the scope of practice of dentistry passed the Senate in June and awaited consideration in the Assembly upon recess on June 24. The bill will be carried over for consideration in the 2012 session. ASPS continues to work with the Medical Society of the State of New York, the New York State Society of Plastic Surgeons and other coalition partners to defeat the bill, which has passed the Senate each of the past three legislative sessions in New York.
Truth in advertising
Connecticut legislation (H.B. 5045) that requires health care providers to display photographic identification badges during work hours was signed by Gov. Dannel Malloy on June 3.
The Louisiana Society of Plastic Surgeons has championed legislation (S.B. 152) to require physicians who use the term "board certified" to do so only after meeting very specific criteria and by stating the full name of the approved specialty medical certifying board. At press time, the bill had passed both the House and the Senate, and was awaiting Gov. Bobby Jindal's signature.
Similar "Name Your Board" legislation in Nevada (S.B. 367) died with the adjournment of the legislative session June 6. ASPS actively supported the advancement of both proposals.
Office-based surgery
Office-based surgery legislation (S.B. 100) in California passed the Senate on June 1. The bill, which originally would have required all physician-owned surgical facilities to be licensed by the Department of Public Health (DPH), was favorably amended in April. The California Society of Plastic Surgeons has been working with the bill's author to ensure physicians' offices would not be negatively impacted by the bill.
Legislators in New Jersey are considering proposals (S.B. 2780/A.B. 4099) that would require one-room, office-based surgical (OBS) practices to be licensed by the Department of Health and Senior Services (DHSS) as an ambulatory care facility. The Assembly bill includes a provision that would exempt existing OBS facilities with one O.R. from the state's facility assessment and physical plant requirements. The ASPS is working with the New Jersey Society of Plastic Surgeons to favorably influence the debate.
The New York Assembly adjourned in June without acting on a number of bills (S.B. 396/A.B. 7185 and S.B. 4597/A.B. 743) that address facility fee reimbursement for procedures performed in an OBS setting. ASPS supports legislation that would require insurers to provide payment to accredited OBS facilities.
Breast reconstruction patient education
Ohio legislation (S.B. 182) that would mandate informing patients of their reconstructive surgery options following mastectomy surgery was introduced June 9. A companion bill (H.B. 217) was introduced in the House in May.
Cosmetic taxes
A transaction tax bill (A.B. 569) that included a tax on cosmetic medical procedures was introduced in Nevada on May 11. ASPS opposed the bill, which died at the end of the session on June 6.
The Washington Legislature adjourned for the year without acting on proposals to tax cosmetic medical procedures. However, the bills will be carried over for consideration in 2012. ASPS and the Stop Medical Taxes Coalition will continue to actively oppose these measures.
Informed consent
Missouri legislation (H.B. 388) that would change the state's informed consent communication requirements for patients who are seeking breast implantation was approved and delivered to Gov. Jay Nixon's office for his signature on May 26. The Missouri Association of Plastic and Reconstructive Surgeons views H.B. 388 as a
top priority this year, because Missouri plastic surgeons are currently required to print and provide - at their own expense - a 264-page informed consent document to every potential implant patient.
Insurance coverage
Massachusetts legislation (H.B. 2065) that would require insurance plans to provide coverage for treatment of cleft lip and palate in children was set for a hearing June 28 in the Joint Committee on Financial Services.
Medical spas
Florida legislation (S.B. 1580) that included non-physician owned medical spas in the definition of "clinic" for the purposes of state licensure died in committee on May 7.
Also in Florida, legislation (H.B. 4103) that would have removed requirements for physician supervision of nurse practitioners and physician assistants at medical offices other than the physician's primary office died in committee May 7. ASPS opposed H.B. 4103 because the legislation would have negated an important medical spa supervision law that was enacted in 2006 under the leadership of the Florida Society of Plastic Surgeons.
Legislation (A.B. 3838) that would require the New Jersey Board of Medical Examiners to promulgate rules restricting the cosmetic use of Botox on persons age 18 or younger passed out of the Assembly Health Committee on May 19.
New York legislation (A.B. 5078) that would have required a patient to receive a physical examination from a physician prior to undergoing cosmetic surgery was held without action in committee upon adjournment of the 2011 legislative session.
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