Legislative Council and
National Advocacy Update
May 13, 2008

National news of vital importance to our professionals,
submitted by Helen Duhon, TAASLP LC contact
and Michelle Skelley-Ashford, TAASLP Professional and Consumer Affairs Chair


5/13/08: Health Care Economics Committee Update

The ASHA Health Care Economics Committee (HCEC) met at the new national office Friday March 14 through Sunday March 16. Several members made Capitol Hill visits on Friday morning before the meeting began. A representative from CMS briefed the committee on changes to the Medicare Benefit Policy Manual regarding audiology coverage that will become effective April 1, 2008. Changes include clarification that vestibular testing, auditory processing evaluation, tinnitus evaluation, and diagnostic programming of audiology prosthetic devices are included as diagnostic testing for Medicare. It also clarifies that automated computer-administered hearing tests are screening tests and, therefore, are not covered. It also indicates that “a Doctor of Audiology (AuD) 4th year student with a provisional license from a State does not qualify unless he or she also holds a master’s or doctoral degree in audiology”. Also discussed were levels of supervision and how these relate to the use of neuropsychological codes.

Members of the ASHA Health Care Economics Advocacy Team discussed various issues with the committee, including a CCI edit that prohibits billing endoscopy and videostroboscopy on the same date of service, the National Quality Forum, and using different levels of service for a CPT code when negotiating with individual payors.

Wayne Holland, representative to the AMA CPT panel, updated the committee on the presentation AAO-HNS made to change the language in the introduction of the Special Otorhinolaryngological Services Section of the CPT Code Book. The changes were suggested to reflect current clinical usage. A new code for canalith repositioning was presented. The outcome of each of these presentations is not available at this time. Bob Fifer, representative to the RUC panel, updated the committee on collaboration on work surveys among the American Academy of Neurology, American Academy of Otoloryngology-Head & Neck Surgery, American Physical Therapy Association, American Chiropractic Association, American Academy of Audiology and ASHA on the proposed canalith repositioning code.

Bernie Patashnik, consultant to the committee, presented information on the future of Medicare and how the HCEC can respond to expected change. The committee discussed how our members might get more involved in the PQRI measures. Additionally, the need to gather information about how managed Medicare is affecting our services was considered because a greater percentage of Medicare beneficiaries are enrolling in managed Medicare plans. We also discussed the impact of Recovery Audit Contractors (RACs) on our members. Kathryn Phillips Campbell of the National Business Group on Health (NBGH) joined the committee by conference call to share information on the Employer’s Toolkit they developed on Investing in Maternal and Child Health. NBGH members are primarily Fortune 500 companies and large public sector employers.

The speech-language pathology subcommittee of the HCEC discussed coding questions received from members (e.g., how to code for FEES and evaluation for tracheotomy speaking valve) and the draft position statement on endoscopy. They decided to move forward with a proposed ICD-9-CM change to separate phonation and resonance. They continue to collaborate with Special Interest Division on Fluency and Fluency Disorders on proposed changes to where the codes concerning stuttering are located in the ICD-9-CM book. The goal is to present the proposals at the September meeting of the ICD-9 CM Coordination & Maintenance Committee. They continued the on-going discussion about ‘work’ for speech-language pathologists. Changes in reimbursement rates as a result of the elimination of the non-physician work pool put codes without ‘work’ (e.g. the SGD/AAC codes, clinical swallow and modified barium swallow codes) in line for significant reductions by 2010.

The audiology subcommittee discussed proposed codes for VNG and hopes to present this to the CPT Editorial Panel later this year. They are also investigating developing an audiology evaluation code to be used when a patient is seen by an audiologist only (and not an otolaryngologist) to cover the pre and post service activities (e.g., taking case history, counseling results, etc). A future code proposal under consideration is the supplemental speech recognition test. The sub-committee reviewed a HCPCS proposal from the VA and endorsed it.

After hearing an update on the Strategic Pathway to Excellence from Steve White, ex officio, the committee updated the HCEC’s 2008-2009 Strategic Plan. Major categories of activities in the plan include: Education of Members; CPT Code Development; ICD Code Development; Professional Component; Trends; and Collaboration and Consultation.

The members of the HCEC are:

Audiology Speech-Language Pathology

Tom Rees

Nancy Swigert

Bob Fifer

Becky Cornett

Neil Shepard

Bernard Henri

Stuart Trembath

Wayne Holland

Bob Woods

Dee Adams Nikjeh
   

Ex Officio Monitoring

Vice President

Steve White

DeAnne Owre

Questions about this report may be directed to: swhite@asha.org or nswigert@aol.com.

5/13/08: Medicare Proposes FY2009 Payment Update for Inpatient Rehabilitation Facilities

The Centers for Medicare & Medicaid Services (CMS) issued a proposed rule on April 21, 2008 that would update payment rates for services furnished to Medicare patients in inpatient rehabilitation facilities (IRFs), effective for discharges on or after October 1, 2008. The proposed rule would apply to more than 200 freestanding IRFs, and to more than 1,000 IRF units in acute care hospitals.

In order to be excluded from the acute care hospital payment system and instead be paid the higher rates for providing rehabilitation services as an IRF, the facility must demonstrate that its annual patient population consists of at least 60 percent of patients with one or more of the qualifying conditions listed below. The 60 percent threshold, as opposed to 75 percent, is a major modification mandated by the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA). The law also requires CMS to continue the use of specified comorbidities (i.e., secondary diagnoses) in addition to the patient’s primary reason for being in the IRF when determining the 60 percent compliance level.

Speech-language pathologists employed in IRFs may be disappointed that the MMSEA does not allow payment increases in FY2008 or FY2009. However, the diminished restrictions on patient diagnoses allow IRFs to admit patients that may have been denied under the 75 percent rule.

As always, cases with extraordinarily high costs compared to the prospectively set payment may qualify for an outlier payment. However, due to the statutory elimination of FY2008/ FY2009 payment increases, CMS calculated a need to reduce estimated outlier payments from 3.3 percent for FY2008 to 3.0 percent for FY2009. This proposed change will result in an estimated decrease in aggregate IRF payments of $20 million for FY2009.

Conditions that qualify for the 60 percent rule: Patients who have one or more of the following conditions as the primary reason for receiving treatment in the IRF or as a qualifying comorbidity may be counted toward an IRF compliance percentage.

* Stroke
* Spinal cord injury
* Congenital deformity
* Amputation
* Major multiple trauma
* Fracture of femur (hip fracture)
* Brain injury
* Neurological disorders
* Burns
* Arthritis-related medical conditions (three types specified in the rule)
* Knee or hip joint replacement if (1) it was bilateral, (2) the patient’s BMI was greater than 50, or (3) the patient was 85 or older

Comments will be accepted on the proposed rule until June 20, 2008 and CMS will respond to comments in a final rule to be issued on or before August 1. The complete proposed rule is found at www.cms.hhs.gov/InpatientRehabFacPPS/LIRFF/itemdetail.asp?itemID=CMS1209922. For further information, please contact Mark Kander, ASHA's Director of Health Care Regulatory Analysis, at mkander@asha.org or by phone at 800-498-2071, ext. 5669.

5/13/08: This message is to inform you that the March-April 2008 SLP Practices Update is now available on the ASHA website at: http://www.asha.org/members/slp/updates/updateMarchApril2008

4/16/08: CMS Extends Deadline for Use of Audiology NPI by Physician Practices

 The Centers for Medicare and Medicaid Services (CMS) announced that audiologists will have until October 1, 2008 to obtain their National Provider Identifier (NPI) and Medicare provider number when billing from a physician’s office. As part of revisions to Medicare’s audiology coverage policies, CMS determined that audiology services are not covered as incident to physician services.  This policy shift will now require audiologists to use their own NPI when billing for Medicare services from a physician office.

 

For additional information on CMS changes to audiology services, please go to http://www.asha.org/members/issues/reimbursement/medicare/audpolicyupdate.htm.  ASHA received numerous phone calls from audiologists concerned that they do not have adequate time to apply for and receive an NPI.  ASHA worked with CMS to extend the date by which audiologists can to comply with the new policy requirements.  CMS will require the use of the NPI on claims for diagnostic test services furnished by audiologists on or after October 1, 2008.  Audiologists are encouraged to obtain an NPI and enroll as soon as possible.  Audiologists can learn more about obtaining an NPI at: http://www.cms.hhs.gov/NationalProvIdentStand/03_apply.asp#TopOfPage. Enrollment forms are located on the CMS website at http://www.cms.hhs.gov/MedicareProviderSupEnroll/02_EnrollmentApplications.asp.

 

For additional information please contact reimbursement@asha.org.

4/14/08: Recently, a few ASHA members who are listed on ProSearch have been targeted by an email check cashing scam asking for services and then, once contact is made, for money. Beware. 

The authorities have been alerted to this scam and they are investigating.  ASHA’s Web Site and ProSearch page are secure and very few ASHA ProSearch members have contacted us about this scam. But, if you receive an email similar to the one below, please ignore it. If you have questions or concerns, please contact ASHA’s Action Center at either actioncenter@asha.org or 800-498-2071.


Hello,
I am John Lauren . I saw your contact on
www.asha.org .  Anyway, I am an English speaking man from Cotonou I will be  coming over to the US, Pelham, AL, precisely, from the 6th of April to 17th of May with my wife and our 4 year old Daughter. They both speak English as well.

While we will be in the US , we will want to see a someone who can help Betty( our daughter) with her speech as she stutters and it's really giving us concern particularly since it's not hereditary and no one in our families stutters. I will want to know if you can provide your services between these dates. Please let me know.

If you will be available, I'll want to know if you offer home visits , I will also appreciate if I can get a price quotation, as we want to make advance payments before our visit so my wife can be rest assured as she'll be doing a lot of shopping and sightseeing as this is her first visit to the US An early response will be appreciated. Hope to hear from you soon.

John

4/14/08: EHDI Reauthorization Bill Passes House, Senate Advocacy Requested

The U.S. House of Representatives passed H.R. 1198, the Early Hearing Detection and Intervention (EHDI) Act of 2008 with a unanimous vote.  Thank you for the thousands of email messages that you have sent to your members of Congress the past 18 months asking for co-sponsorship of the legislation and for votes to pass the bill.  The next step in the legislative process is for the bill to go to the U.S. Senate for a vote. 

Please contact your Senators to urge their support for the bill which you can do within a few minutes through ASHA’s website at http://takeaction.asha.org/asha2/issues/alert/?alertid=11249571.     

The legislation would reauthorize the state grants and assistance for EHDI programs for early screening, diagnosis, follow-up, intervention, and family support services for newborns and infants with hearing loss.  H.R. 1198 and S. 1069 are consistent with the 2007 position statement of the Joint Committee on Infant Hearing (JCIH) that can be found at http://www.asha.org/docs/html/PS2007-00281.html.  For more information on the federal EHDI reauthorization bill, please contact Deborah Darcy, ASHA’s Director of Grassroots Advocacy, via e-mail at ddarcy@asha.org or by phone at 800-498-2071, ext. 5612.

4/14/08: ASHA Schools 2008 - Power in Partnership

July 25-27
Disney's Contemporary Resort
Walt Disney World, Florida

An outstanding conference in an outstanding location! The program is packed with topics of interest to school-based professionals: autism spectrum disorders, selective mutism, auditory-linguistic processing disorders, response to intervention, and supervision—to mention just a few.

And, we've arranged a special rate at Disney's Contemporary Resort for ASHA Schools attendees, plus discount ticket packages not available to the general public. All the information you need is on the Web. Sign up now!

P.S. The number of rooms at the special ASHA rate is limited. Make your reservation early to ensure the lowest rate!

3/14: "Guidelines for Audiologists Providing Informational and Adjustment Counseling to Families of Infants and Young Children With Hearing Loss Birth to 5 Years of Age" is now available on the ASHA Web site at http://www.asha.org/docs/html/GL2008-00289.html. 

The guidelines fulfill the need for more specific procedures and protocols for serving young children with hearing loss across all settings. The guidelines within this document are intended to facilitate the critical role audiologists assume when providing family-focused counseling within the context of pediatric hearing health care service delivery. 

The Guidelines for Audiologists Providing Informational and Adjustment Counseling to Families of Infants and Young Children With Hearing Loss Birth to 5 Years of Age were developed by an ASHA working group and approved by the ASHA Board of Directors in February 2008. The members of the working group responsible for the development of these guidelines were Pam Mason (ex officio), Allan O. Diefendorf (chair), Judith S. Gravel, David M. Luterman, Noel D. Matkin, Amy McConkey Robbins, and Anne Marie Tharpe. Roberta Aungst, vice president for professional practice in audiology (2004–2006), and Gwendolyn Wilson, vice president for professional practice in audiology (2007–2009), served as the monitoring vice president.

For more information please contact Pam Mason at: pmason@asha.org.

2/27:Peer Review Available on Endoscopy

 You are invited to participate in a peer review of the position statement Use of Endoscopy by Speech-Language Pathologists. The document was developed for advocacy purposes to support the use of endoscopy to evaluate swallowing, voice, and resonance. The draft position statement can be accessed online for peer review at http://www.asha.org/peer-review/peer_reviews.htm until March 14.

 Thank you very much for your review, Working Group on Endoscopy- Susan Butler (chair), Robert Hillman, Bernice Klaben, Susan Langmore, Alison Scheer-Cohen, Thomas Watterson, Janet Brown (ex officio), and Brian Shulman (vice president for speech-language pathology practices)

3/4: ACTION ALERT: Co-Sponsors Needed for EHDI Act
We urgently need your help in gaining additional sponsors so that congressional leaders will take note and consider the Early Hearing Detection and Intervention Act (H.R. 1198 & S. 1069). As you know, the EHDI grants are federal funds provided to states for the implementation and administration of programs that screen infants for hearing loss before they leave the hospital. The program has been very successful. Currently, over 90% of all infants born in hospitals are screened for hearing loss.

However, there is more work to be done. Fifty percent of those children who are found to have hearing loss are lost to the system. The EHDI reauthorization legislation would expand the program to allow states to fund follow-up services to ensure that babies who have failed their hearing screenings receive full diagnostic evaluations and, if necessary, are enrolled in early intervention programs, as well as promote culturally-sensitive family support services.

Please urge your Representative and Senators to support this important legislation. You can e-mail your legislators about this bill by visiting ASHA's Web site at: http://takeaction.asha.org/asha2/issues/alert/?alertid=9576436 . Simply fill in your name and address and click "Send Message."

For more information, please contact Deborah Darcy, ASHA’s Director of Grassroots Advocacy, at 800-498-2071, ext. 5612 or via e-mail at ddarcy@asha.org.

4/9/07: Dear Tennessee ASHA Members:

We have just returned from the spring Legislative Council meeting in Bethesda, MD. Visits to Senators and Representatives on Capitol Hill, as well as intense discussions regarding the new governance structure of LC, kept us quite busy. Following is a report of the activities and actions taken by the Council and the Assemblies during this meeting:

FRIDAY

Meetings with Legislators

The Tennessee delegation (Mary Dale Fitzgerald, Susan Logan, Helen Duhon) along with Marion Hammett visited the offices of Representatives Cohen, Cooper, and Tanner, as well as Senators Corker, and Alexander, to discuss the following issues:

Direct Access to Audiologists
Early Hearing Detection and Intervention
IDEA Funding
Loan forgiveness for SLPs working in High Needs Schools
SLP Medicare Outpatient Supplier Status

All visits were appreciated and our discussions were well received. We presented letters written by many of you asking our legislators for support on these important issues. Please follow up with your legislators to continue the conversations regarding these important professional issues!
Fiduciary Responsibilities

ASHA’s Executive Director Arlene Pietranton reviewed the Councils fiduciary. Such responsibilities include: Duty of Care (carry out his or her duties responsibly), Duty of Loyalty (obligation to act in the Association’s best interest), and Duty of Fidelity of Purpose (fidelity to the purposes of the Association).

Financial Update

The Vice President of Administration and Planning, Mary Jo Schill, updated Council on the financial status of the Association.

Regional Meetings

Councilors gathered by region to discuss issues related to personnel shortages, evidence-based practice and marketing of the professions.

SATURDAY

Presentation on a Proposed New Governance Structure

Dr. Ray Kent, Chair of the Ad Hoc Committee on Governance Structure and Process, made a presentation on the proposed change in the governance structure and the evidence the committee gathered in order to arrive at the proposed model. Outcomes for the new governance structure plan include:

Increased membership input into governing actions that have an impact on them
Increased autonomy for the two professions in ASHA governance
Increased ability of members of the professions to identify and discuss issues
Streamlined decision making
Reduced bureaucratic barriers
Greater efficiency and responsiveness

Assembly Meetings

The Audiology/Hearing Science Assembly (A/HSA) and the Speech Language Pathology/Speech-Language Science Assembly (SLP/SLSA) met to discuss issues of concern to the professions. Both Assemblies reviewed the results from ASHA member responses to the Critical Issues Survey that was emailed in January. Each Assembly identified and ranked their top 5 issues which were subsequently voted on by the full Council. The following 3 issues ranked the highest of concern and will be forwarded to the Executive Board for consideration:

1.Shortages of SLPs in schools and in healthcare
2.Reimbursement
3.Use of SLP Assistants

Resolutions Considered by the Legislative Council and Assemblies:

LC 1-2007: Adopt the new governance model as described in the report on “ASHA’s Governance Structure and Process.” APPROVED.
LC 2-2007: Approve ASHA membership dues for 2008. The membership dues for 2008 will be at the same level as for 2007. APPROVED.
LC 3-2007: ASHA opposes the actions of the California Speech-Language Hearing Association’s published statement regarding audiologists in California. APPROVED.
LC SLP/SLS 2-2007: Adopt the Position Statement on Childhood Apraxia of Speech. APPROVED.

Focused Initiatives and Strategic Plan Update

ASHA’s Chief Staff Officers presented updated information on the outcomes and strategies for each of the following Focused Initiatives (http://www.asha.org/about/Leadership-projects/national-office/focused-initiatives). Work Plans for 2007 were also presented.

Reimbursement in Health and Education
PhD Shortage in Higher Education
Personnel Issues in Healthcare and Education
Evidence-Based Practice

SUNDAY

ASHA Program Review

The Legislative Council continued its annual review of one third of ASHA Programs and made recommendations for each program to continue as is, alter by enhancement, reduce, or discontinue. Council’s recommendations on the ASHA programs under review are included in the Legislative Council meeting minutes that will be posted on the ASHA Web site at http://www.asha.org/about/leadership-projects/LC/archive/.

Grassroots Advocacy

A presentation on effective grassroots advocacy on the federal, state and local level was presented to the Council. (Grassroots Advocacy Web page: http://www.asha.org/about/legislation-advocacy/grassroots/)

Presentations, Reports and Minutes

Presentations, reports and minutes of the Legislative Council and Assembly meetings will be posted on the ASHA web site at: http://www.asha.org/about/leadership-projects/LC/archive/.

Should you have any questions regarding the discussions or actions taken by the LC, or issues you would like the Council to consider in the future, please do not hesitate to contact me.

Thank you.
Helen Duhon, Delegation Correspondent