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HR 2220 and S 1605 - Full Coverage Page
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Medicare Dialysis Benefit Improvement Act of 2001 - This bill will increase the Composite Rate by 2.6% for 2002; pay a full composite rate payment for a fourth routine treatment for pediatric patients, those patients over 80 kgs and cardiac patients with fluid overload; and restore the exception process.

In January 2001, the Medicare Payment Advisory Commission (MedPAC) agreed to recommend no increase in the Composite Rate payments in 2002.

While all other health care providers have an annual inflation adjustment built into their Medicare reimbursement, dialysis reimbursement alone does not. Nonetheless, dialysis facilities must compete for scarce health care workers with these other providers and dialysis facility faces the same inflationary drug, supply, energy and labor costs. Until an inflationary adjustment is added to dialysis reimbursement, the dialysis community must lobby every year for a Composite Rate increase.

The Composite Rate is the dollar amount that Medicare has determined to be fair compensation to hospitals and dialysis clinics that are providing a standard, chronic hemodialysis treatment.

In February 2001, Medicare released a new Program Memorandum to Intermediaries, A-01-19, entitled "New Composite Payment Rates Effective April 1, 2001, through December 31, 2001, and the Application of Exceptions Under the End Stage Renal Disease Composite Rate System". Here is the Medicare Renal Dialysis Facility Manual, which explains the services and supplies covered by the Composite Rate. The highest rate is $144.59 per treatment. This is for major metropolitan areas with high real estate and labor costs such as New York, San Francisco, and Los Angeles. The lowest rate is $121.70 per treatment. Most rural areas with low real estate and labor costs have this rate.

HR 2220 was introduced in the House on June 19, 2001 by Reps. Camp, Thurman, Hayworth, Lewis (GA), Pickering, Hall, English, Rangel, McDermott, and Kleczka. They are all members of key congressional committees that oversee dialysis-related legislation.

Visit RenalWEB's Legislation Watch Page for more information on the lobbying process. If you are interested providing a sample letter or supporting information for this legislation on this page, please contact RenalWEB at renalweb@renalweb.com.


  LATEST NEWS AND ACTION ITEMS

News Summary on the "Medicare Dialysis Benefit Improvement Act of 2001" by RenalWEB - last updated July 31, 2002
Disaster's Effect on Dialysis-related Legislation - news summary from RenalWEB - last updated October 11, 2001
Message from Gwen Gampel (8/30/01):  Sen. Kent Conrad (D-ND) and Sen. Bill Frist (R-TN) will be introducing the Senate companion to the Camp/Thurman “Medicare Dialysis Benefit Improvement Act of 2001” when Congress returns to session after the Labor Day weekend. The bill will be identical to H.R. 2220 in that it will: (1) increase the composite rate by 2.6% for 2002; (2) pay a full composite rate payment for a fourth routine dialysis treatment for pediatric patients, those patients weighing over 80 kgs and cardiac patients with fluid overload; and (3) restore the exception process.
National Renal Administrators Association Grassroots Alert on HR 2220.

PRESS RELEASE - from the Renal Leadership Council, August 13, 2001


Contact: Gwen Gampel
(202) 544-6264

"At a minimum Medicare reimbursement for dialysis treatments should be increased by 2.9% in 2002 to cover inflationary costs," according to Abt Associates which conducted a detailed analysis of dialysis provider costs and Medicare revenue for 1999 and 2000. The study entitled, "Updating the 2002 composite Rate for Dialysis Treatments", concluded that, "without an adjustment to the composite rate, patient access to care in areas with above average proportions of Medicare patients will be threatened."

Medicare currently provides "composite rate" reimbursement to some 3,600 free-standing and hospital-based dialysis facilities providing renal replacement therapy to approximately 300,000 Medicare beneficiaries with End-Stage Renal Disease (ESRD) throughout the U.S. Without kidney transplantation or dialysis treatments, to clean the blood of toxins, ESRD is invariably fatal.

Kent Thiry, CEO of DaVita, and Chairman of the Renal Leadership Council said, "Dialysis providers welcome the results of the study as it clearly demonstrates that dialysis facilities require an inflation increase for 2002 from Medicare." Thiry went on to say that, "The Renal Leadership Council was extremely frustrated by this year's Medicare Payment Advisory Commission's flawed assessment that Medicare reimbursement for dialysis treatments should remain unchanged". However, he said, "He understood that MedPAC decided to conduct a broader analysis than they usually do and staff simply did not have enough time or have access to some key data to do as thorough an analysis as Abt Associates."

Thiry said, "Like other health care services, dialysis facilities are facing labor shortages, rising wages, fuel costs and product costs. Facilities must receive adequate reimbursement to continue providing Medicare beneficiaries the quality of care they deserve."

"Dialysis provider reimbursement is the only Medicare reimbursement that does not include an annual update formula," Thiry said. "As a result, Thiry continued, "while hospitals are slated to receive a 2.75% increase and other providers will receive on average 2.5% increases in their Medicare reimbursement in 2002, dialysis providers will receive no increase without Congressional action this year."

Abt Associates' findings contradict the Medicare Payment Advisory Commission's (MedPAC) analyses and recommendation. Specifically, while MedPAC considered all of the Medicare revenue from the composite rate and separately billable drugs, the Abt report found the commission did not take into consideration the most recent increases in labor, capital, drug acquisition, and overhead costs of providing dialysis treatments and ancillary drugs. This combined with the fact that the commission omitted from their analysis legitimate costs related to bad debt and medical directors fees led them to the wrong conclusion about dialysis providers' margins.

Abt concluded that:

  • Even restricting the analysis to allowable Medicare costs, in 2000, the cost of providing composite rate services exceeded the average Medicare composite rate payment by almost $8.00 a treatment, a 7% shortfall. (The average composite rate payment per treatment is $128.)
  • Contrary to MedPAC's findings, the profits made on separately billable items were not large enough to cover the increasing losses incurred on composite rate services.
  • While the number of patients treated by the largest dialysis companies has increased in recent years, this type of consolidation actually indicates falling profit margins, not increased profits as MedPAC assumes.
  • Productivity changes are unlikely to affect provider costs in 2002, contrary to MedPAC's unsubstantiated projection of further productivity gains.

In summary, Abt concluded, "Failure to increase Medicare reimbursement to dialysis facilities to cover annual inflationary costs may make it difficult for dialysis providers to continue to maintain or improve the quality of dialysis services. Further, inadequate Medicare reimbursement may threaten patient access to care, particularly in small rural or urban facilities that have above average costs."
The Abt Associates study is based on the most current, actual data from the six largest providers of dialysis services and several smaller providers which together deliver nearly 70% of all the dialysis care for Medicare ESRD beneficiaries in this country. The study was commissioned by some of the leading renal community organizations including the Renal Leadership Council, which includes 4 of the largest dialysis providers, Fresenius Medical Care, the National Kidney Foundation, the National Renal Administrators Association and the American Nephrology Nurses' Association.

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 THOMAS INFORMATION

THOMAS is a Library of Congress service that makes federal legislative information freely available to the Internet public.
Text of Bill:

HR 2220

S 1605
Summary and Status: HR 2220 S 1605
Sponsors: HR 2220 S 1605

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  BACKGROUND INFORMATION

Medicare Dialysis Benefit Improvement Act of 2001 - News Summary by RenalWEB, May 2001 - July 31, 2002
MedPAC Recommends No Increase in Composite Rate for 2002 - News Summary by RenalWEB, January - May 2001

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  SAMPLE LETTERS

Use these links to find your state's US Senators and your US Representative.
The National Renal Administrators Association has several sample letters for both Senators and Representatives.

Use these Tips on Writing a Legislator from the National Kidney Foundation (NKF) to help you correspond with your congressional representatives.

 

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