Advisory Council Update

October 28, 2009

National news of vital importance to our professionals,
submitted by Helen Duhon, TAASLP AC, and and Marion Hammett, Member-at-Large

 

10/28: Senate Finance Health Care Reform Bill Adds Habilitative Services

The Senate Finance Committee report accompanying S. 1796, the American's Healthy Future Act of 2009, defines habilitative services and hearing services, equipment and supplies for children under the age of 21 as components of an essential benefit package that must be provided by insurance companies under health care reform. The committee also defines rehabilitation services as essential. The report is the first time the essential benefit package has been specifically defined.

The report further clarifies that insurance companies must provide payment for services defined in the essential benefit package, limit cost sharing, and not impose any annual or lifetime limits. Specific coverage policies related to habilitative and rehabilitative would be developed after a health care reform proposal is signed into law and goes through the regulatory process.

The Senate Finance Committee proposal is viewed as the base bill from which to develop a compromise; however, it must be combined with legislation passed earlier this year by the Senate Health, Education, Labor, and Pensions (HELP) Committee. The HELP Committee proposal contains similar coverage requirements for rehabilitative and habilitative services.

ASHA was one of many organizations requesting that the Senate Finance Committee specifically address rehabilitative and habilitative services in its health care reform proposal's essential benefit definition. The organization sent a letter to Finance Chair Max Baucus (D-MT) outlining why such benefits are important for children with communication and hearing disorders. For additional information, contact Ingrida Lusis, ASHA's Director of Federal and Political Advocacy, at ilusis@asha.org or by phone at 202-624-5951.

10/28: Three New Combined Audiology Codes Go into Effect on January 2010

Audiologists will be reporting three new Current Procedural Terminology (CPT) codes starting January 1, 2009. The codes describe well known procedures that are usually billed in combination with one another. The new codes are:

* “92540 - Basic vestibular evaluation, includes spontaneous nystagmus test with eccentric gaze fixation nystagmus, with recording, positional nystagmus test, minimum of 4 positions, with recording, optokinetic nystagmus test, bidirectional foveal and peripheral stimulation, with recording, and oscillating tracking test, with recording. (Do not report 92540 in conjunction with 92541, 92542, 93544, or 92545)”
* “92550 - Tympanometry and reflex threshold measurements. (Do not report 92550 in conjunction with 92567, 92568)”
* “92570 - Acoustic immittance testing, includes tympanometry (impedance testing), acoustic reflex threshold testing, and acoustic reflex decay testing. (Do not report 92570 in conjunction with 92567, 92568)”

ASHA collaborated with the American Academy of Audiology and the American Academy of Otolaryngology–Head and Neck Surgery in the development of the combined procedures. The new codes are the result of a Centers for Medicare and Medicaid Services (CMS) request that the American Medical Association (AMA) CPT Editorial Panel and the AMA Specialty Society Relative Value Scale (RVS) Update Committee (RUC) establish bundled codes and recommend relative values for the new procedures. The relative values will be available upon release of the 2010 Medicare Physician Fee Schedule. For further information or questions regarding the three new audiology codes, please contact reimbursement@asha.org.

10/15: ACTION ALERT: Urge Your Members of Congress to Increase IDEA Funding

Please send a message to your U.S. Representative and U.S. Senators asking them to co-sponsor and support legislation that fulfills the promise of full funding for the Individuals with Disabilities Education Act (IDEA).

Recently, in the U.S. House of Representatives, Representatives Chris Van Hollen (D-MD), Todd Platts (R-PA), and Tim Walz (D-MN) introduced H.R. 3578, the Everyone Deserves Unconditional Access to Education (EDUCATE) Act. In the Senate, Senators Tom Harkin (D-IA) and Pat Roberts (R-KS) introduced S. 1652, the IDEA Full Funding Act of 2009. Both bills would bring the federal share of special education funding up to 40 percent over the next six years.

IDEA is the federal law that establishes a system for providing school-based services for students with special needs. In 2007, there were more than 1.5 million children ages birth - 21 with either speech, language, or hearing impairments receiving services through IDEA. These children represent more than 23 percent of all of the children receiving services under IDEA (6,718,203) in 2007. Please urge your Representative and Senators to support increased IDEA funding today!

If you have any questions, please feel free to contact Neil Snyder, ASHA’s Director of Federal Advocacy, at 800-498-2071, ext. 5614, or via email at nsnyder@asha.org. Thank you for your advocacy!

10/7: Please urge your U.S. Senators to vote in favor of legislation that would help states and localities improve deteriorating and outdated school buildings.

Recently, the U.S. House of Representatives passed two bills that would help states and localities modernize their school buildings (H.R.2187 & H.R.3221).  Senator Tom Harkin (D-IA) has introduced another bill, S.1121, the School Building Fairness Act of 2009, which has the same goal.  All of these bills include provisions that would provide grants to states and local school districts to reduce classroom noise and improve acoustics.  Please send your message today!

For further questions, please contact Neil Snyder, ASHA's Director of Federal Advocacy at nsnyder@asha.org or 202-624-7750.

Thank you for your help and support!

Sincerely,
Katie Bromley
Director, ASHA Grassroots and Congressional Advocacy

9/23: U.S. House Approves Bill That Would Reduce Exposure to Noise in Classrooms

The U.S. House of Representatives considered and passed H.R. 3221, the Student Aid and Fiscal Responsibility Act of 2009, by a margin of 253-171. The legislation intends to boost Pell Grant scholarships, keep interest rates on federal loans affordable, and create a more reliable and effective financial aid system. The legislation also provides funding for school construction, modernization, and renovation projects, and includes a provision aimed at reducing classroom noise and improving the acoustical environment.

Thank you to the thousands of ASHA members who advocated for the inclusion of classroom noise reduction provisions. The bill now goes to the Senate for further consideration. For additional information about H.R.3221, please contact Neil A. Snyder, ASHA’s Director of Federal Advocacy, at nsnyder@asha.org or 800-498-2071, ext. 5614.

7/26: The House Education and Labor Committee considered and passed H.R.3221, the Student Aid and Fiscal Responsibility Act of 2009. 

The legislation passed the Committee along party lines by a vote of 30-17, with two Republicans voting in favor of the bill. Of particular interest to ASHA members, are provisions that will provide $5 billion in funding for the 21st Century Green High-Performing Public School Facilities Act (see Section 345 of H.R.3221).  Already passed by the Education and Labor Committee and the House of Representatives, the Green Schools Act would allow states and school districts to take measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution. 

An issue regarding graduate students loans was also resolved before the committee considered the bill.  The original version of H.R.3221 included a provision that would have eliminated subsidized Stafford loans for graduate and professional students beginning in 2015.  With the removal of this provision there will be no change to the availability of subsidized Stafford loans for graduate students.

On a separate but related note, Congressman John Tierney (D-MA) offered, and then withdrew, an amendment that would have provided automatic funding for the authorized, but yet to be funded, student loan forgiveness program that includes school-based speech-language pathologists and audiologists.  Rep. Tierney agreed to work with Chairman Miller in requesting funding for the program through the regular appropriations process.

For further information about H.R.3221, please contact Neil Snyder, ASHA’s Director of Federal Advocacy at 800-498-2071 ext 5614 or nsnyder@asha.org.

4/1: House Passes EHDI legislation

On Monday, the House of Representatives passed H.R. 1246 the Early Hearing Detection and Intervention (EHDI) Act of 2009. This bill would reauthorize the federal portion of this important and highly successful initiative for five years. The EHDI Act also places a greater emphasis on diagnosis, treatment, and family support services for children with hearing loss.

The bill must now be considered by the Senate before it can be signed into law. ASHA, in collaboration with other organizations will work with Senate leaders for the passage of this bill.

Thank you to all ASHA members who contacted their Representatives requesting support of the House bill. For additional information, please contact Ingrida Lusis, ASHA’s Director of Federal and Political Advocacy, at 800-498-2071, ext. 5610 or via e-mail at ilusis@asha.org.

1/28: Senate Confirms Duncan as Education Secretary

The U.S. Senate has confirmed Arne Duncan as Secretary of Education. Prior to his confirmation, Duncan was the Chief Executive Officer of the Chicago Public Schools. Duncan has indicated his support for a number of issues identified as priorities in ASHA's 2009 Public Policy Agenda including, recruitment and retention of qualified providers, rewarding excellence, increasing access to early childhood education, and improving literacy.

Upon his nomination, ASHA sent a letter of congratulations and invited Duncan to speak at ASHA's 2009 Schools Conference which will be held July 17-19, 2009 in Kansas City, Missouri. A request to meet with the new Secretary of Education will also be made. For more information on the Administration's education agenda, please visit the Obama Administration's Web site at http://www.whitehouse.gov/agenda/education/ or contact Catherine D.. Clarke, ASHA's Director of Education and Regulatory Advocacy, by e-mail at cclarke@asha.org or by phone at 800-498-2071, ext. 5611.

7/17: Therapy Caps Exceptions Process Reinstituted

The Centers for Medicare and Medicaid Services (CMS) has made the following announcement regarding the Medicare therapy caps exceptions process in response to the passage of the Medicare Improvements for Patients and Providers Act (MIPPA) of 2008: The law reinstated the therapy caps exceptions process as of July 1st. Therefore, medically necessary therapy services, in excess of the therapy caps, will continue to be paid by Medicare in accordance with the exceptions process. Claims submitted with the therapy cap exception modifier will be processed as soon as the payment rates have been activated. Claims submitted without the modifier, and rejected or denied, can be resubmitted with the modifier for reimbursement. To the extent possible, claims under the therapy cap limit, which were paid at the lower rate, will be reprocessed automatically. More information on therapy caps is available at http://www.cms.hhs.gov/TherapyServices/.For questions or further information, please contact ASHA’s Healthcare Economics and Advocacy Team at reimbursement@asha.org.