{"id":3124,"date":"2024-12-09T11:16:42","date_gmt":"2024-12-09T16:16:42","guid":{"rendered":"https:\/\/www.nypirg.org\/capitolperspective\/?p=3124"},"modified":"2024-12-09T11:16:42","modified_gmt":"2024-12-09T16:16:42","slug":"the-lame-duck-congress-meets","status":"publish","type":"post","link":"https:\/\/www.nypirg.org\/capitolperspective\/the-lame-duck-congress-meets\/","title":{"rendered":"The \u201cLame Duck\u201d Congress Meets"},"content":{"rendered":"\n<p>The U.S. Congress returned last week to try to wrap up its work before the newly elected Congress is sworn in next month.&nbsp; This return \u2013 known as the \u201clame-duck\u201d session \u2013 has important topics on its to-do list.&nbsp; Among the most critical items is to try to agree on funding for the federal government \u2013 at least through the winter \u2013 providing more disaster aid, approving a defense policy bill, confirming judges, and hopefully, taking on some important health care measures.<\/p>\n\n\n\n<p>The term&nbsp;\u201clame-duck\u201d session&nbsp;of&nbsp;Congress&nbsp;refers to the period when the Congress meets after its successor is elected, but before the successor&#8217;s term begins.&nbsp; And that period is now.<\/p>\n\n\n\n<p>The most important action for the lame-duck is for Congress to approve continued government <a href=\"https:\/\/www.cbsnews.com\/news\/house-vote-continuing-resolution-government-shutdown\/\">funding<\/a>, since lawmakers only have until December 20<sup>th<\/sup> before the existing funding runs out.&nbsp; Passing a budget was not the first item to be tackled, however.&nbsp; The U.S. Senate leadership agreed to a <a href=\"https:\/\/apnews.com\/article\/biden-trump-judges-confirmation-battle-schumer-senate-ecef59aed90804a53d436dc154a2ee14\">deal<\/a> to allow confirmation of some of President Biden\u2019s judicial nominees.&nbsp;&nbsp;<\/p>\n\n\n\n<p>Top issues are replenishing the <a href=\"https:\/\/apnews.com\/hub\/federal-emergency-management-agency\">Federal Emergency Management Agency<\/a>\u2019s&nbsp;disaster relief fund and agreeing on <a href=\"https:\/\/www.eenews.net\/articles\/what-congress-must-get-done-during-the-lame-duck\/\">funding<\/a> of the defense department, with other potential topics including measures that impact health policy.<\/p>\n\n\n\n<p>While it remains to be seen how much legislative activity occurs during the lame-duck, one of the possibilities is a measure known as \u201c<a href=\"https:\/\/www.mha.org\/newsroom\/mha-ceo-report-site-neutral-payment-policies-the-latest-threat-to-patient-access\/\">site neutral\u201d<\/a><a href=\"https:\/\/www.mha.org\/newsroom\/mha-ceo-report-site-neutral-payment-policies-the-latest-threat-to-patient-access\/\"> health care payments.<\/a>&nbsp;<\/p>\n\n\n\n<p>Last month, nearly 60 organizations joined the call to <a href=\"https:\/\/familiesusa.org\/wp-content\/uploads\/2024\/11\/Lame-Duck-Affordability-Joint-Sign-On-Letter_Final-2.pdf\">urge<\/a> Congress to pass legislation that would require that hospital and non-hospital Medicare pricing be the same.&nbsp;&nbsp;<\/p>\n\n\n\n<p>Here is the background:&nbsp; The amount charged for medical procedures or services can depend as much on <em>where<\/em> they are performed as on the type of procedure or service provided.&nbsp; All else being equal, a procedure in a hospital is much more expensive than that same procedure done in a freestanding facility like a physician\u2019s office or a clinic. The higher cost is meant to support a hospital\u2019s more complex infrastructure, staffing and other expenses.&nbsp;<\/p>\n\n\n\n<p>However, these higher prices are being charged for services provided at<em> non-hospital locations, which often operate at less expense.<\/em>&nbsp; That\u2019s in large part because hospitals are buying up private practices, clinics, imaging centers and labs, using them effectively as a \u201ccash cow&#8221; to charge more. &nbsp; Once acquired, these facilities often begin using the hospital billing code to charge hospital prices for services that were previously less expensive.&nbsp; When acquired by a hospital, physician practices <a href=\"https:\/\/pubmed.ncbi.nlm.nih.gov\/29727744\/\">charge<\/a> about 14 percent more than when they were independent. That means patients and insurers begin to pay more for the same service. The only difference is that the non-hospital facility is owned by a hospital and begins to use the hospital billing code. And over half of physicians now <a href=\"https:\/\/www.physiciansadvocacyinstitute.org\/Portals\/0\/assets\/docs\/PAI-Research\/PAI%20Avalere%20Physician%20Employment%20Trends%20Study%202019-21%20Final.pdf?ver=ksWkgjKXB_yZfImFdXlvGg%3d%253\">work<\/a> for hospitals and health systems.&nbsp;<\/p>\n\n\n\n<p>As a result, patients, Medicare, and employer-based insurance companies are paying much higher prices for care than they otherwise would.&nbsp; For example, Medicare <a href=\"https:\/\/craftmediabucket.s3.amazonaws.com\/uploads\/Sizing-Medicare-Off-Campus-HOPD-Site-Neutrality-Proposals-2024.01.03.pdf\">pays<\/a> <em>twice <\/em>as much for procedures done in hospital-owned facilities as they would in independent physician\u2019s offices. Don\u2019t forget that for many patients, high deductibles and co-insurance policies mean that <em>they<\/em> may face a financial hit as well.&nbsp;<\/p>\n\n\n\n<p>The \u201csite neutral\u201d legislation that would be considered in the lame-duck requires that Medicare procedures and services are delivered at the same price regardless of the location, whether it\u2019s a hospital, doctor\u2019s office, imaging center or clinic.&nbsp; This would save significant money for consumers, employers and taxpayers.&nbsp; Decreased Medicare spending as a result of \u201csite neutral\u201d policies could <a href=\"https:\/\/www.crfb.org\/papers\/equalizing-medicare-payments-regardless-site-care\">save<\/a> taxpayers $150 billion.<\/p>\n\n\n\n<p>Those savings drove the House of Representatives to approve <a href=\"https:\/\/caraveo.house.gov\/sites\/evo-subsites\/caraveo.house.gov\/files\/evo-media-document\/fact-sheet-on-h.r.-5378-the-lower-costs-more-transparency-act-updated.pdf\">legislation<\/a> that contained a \u201csite neutral\u201d provision.&nbsp; In the U.S. Senate, Republican Senator Cassidy and Democratic Senator Hassan have <a href=\"https:\/\/www.cassidy.senate.gov\/wp-content\/uploads\/2024\/10\/Site-Neutral-Policy-Framework-Final.pdf\">released<\/a> a legislative framework for \u201csite neutral\u201d payment policy.&nbsp; Their proposal could be the vehicle for action during the lame-duck.<\/p>\n\n\n\n<p>Of course, whatever happens during the lame-duck will have to be the product of bipartisan compromise.&nbsp; Given the existing narrow Democratic Senate majority, which is soon to be replaced by a Republican one, the parties will have to agree to get <em>anything<\/em> done at all.<\/p>\n\n\n\n<p>Yet, the bipartisan nature of the Cassidy\/Hassan plan, coupled with the apparent support in the House, indicates \u201csite neutral\u201d legislation has a chance.&nbsp; The prospects for success hinge on whether it\u2019s a priority of current Senate Majority Leader Schumer.&nbsp; Here\u2019s hoping he\u2019s able to get it done.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The U.S. Congress returned last week to try to wrap up its work before the newly elected Congress is sworn in next month.&nbsp; This return \u2013 known as the \u201clame-duck\u201d session \u2013 has important topics on its to-do list.&nbsp; Among the most critical items is to try to agree on funding for the federal government [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3124","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/posts\/3124","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/comments?post=3124"}],"version-history":[{"count":1,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/posts\/3124\/revisions"}],"predecessor-version":[{"id":3125,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/posts\/3124\/revisions\/3125"}],"wp:attachment":[{"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/media?parent=3124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/categories?post=3124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/tags?post=3124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}