esrd pps final rule 2023

Start Printed Page 42472 Bradley EH, Brewster AL, McNatt Z, et al. Oster Y et al. 2017. 371(24), 22982308. We are proposing that a facility would be scored based on the equations proposed in sections IV.D.2.c and IV.D.3.c of this proposed rule. As discussed above, we considered and are proposing this new post-TDAPA add-on payment adjustment in response to concerns that a sudden decrease in payment for certain new renal dialysis drugs and biological products after the end of the TDAPA period could negatively affect Medicare beneficiaries' access to such new renal dialysis drugs and biological products. Despite the high margin of error of the cost regression using PSM, we believe that 30 percent cost is the most reasonable estimate of the unaccounted-for costs incurred in treating Pediatric ESRD Patients compared to adult ESRD patients. 212. Our preliminary analysis found that, in general, low-volume facilities that are rural, isolated, or located in low-demand areas We also made a number of updates and clarifications to the kidney disease patient education services waivers and made certain related flexibilities available to ETC Participants (86 FR 61984 through 61994). For pediatric patients, there is a decrease in the FDL amount from $23.29 to $13.71. The overall impact reflects the effects of the proposed Medicare payment rate update and proposed CY 2024 wage index. In applying that average to the 3 remaining months of the TDAPA payment period in CY 2024, we estimate $1,725,000 in spending ($575,000 * 3 = $1,725,000) of which, approximately $345,000 ($1,725,000 * 0.20 = $345,000) would be attributed to beneficiary coinsurance amounts. We anticipate that it would be challenging for CMS to determine, within the annual rulemaking timeframes, the extent to which changes in the utilization of existing renal dialysis drugs and biological products are clinically or empirically related to utilization of a new renal dialysis drug or biological product paid for using the TDAPA. The ESRD PPS provides a bundled, per-treatment payment to ESRD facilities that includes all renal dialysis services furnished for outpatient maintenance dialysis, including drugs and biological products (with the exception of oral-only ESRD drugs until 2025). To estimate whether a facility would receive a payment reduction in PY 2027, we scored each facility on achievement and improvement on several clinical measures we have previously finalized and for which there were available data from EQRS and Medicare claims. [132] (3) of this proposed rule, we are proposing an add-on payment adjustment for new renal dialysis drugs and biological products in existing ESRD PPS functional categories after the end of the TDAPA period. Available at: We are therefore proposing to establish a new transitional add-on payment adjustment that would provide an appropriate transition of the level of payment following the TDAPA period for these drugs. Renewal of Determination that a Public Health Emergency Exists. The numerator is the cumulative number of HCP in the denominator population who are considered up to date with recommended COVID19 vaccines. for more details on the measure specifications. We have undertaken efforts to review the existing ESRD QIP measure set to ensure continued clinical impact and effectiveness of the measures on facility performance. As noted above, nearly 40 percent of TDAPA expenditures in CY 2022 represented discarded amounts of renal dialysis drugs and biological products. We updated the 2022 claims to 2023 and 2024 using various updates. be approximately $33,645 (750 hours $44.86), or an annual total of approximately $112.15 ($33,645/300 facilities) per facility in the sample. HHS Office of Minority Health. [226227] In the CY 2016 ESRD PPS proposed rule (80 FR 37819), we analyzed ESRD facilities that met the definition of a low-volume facility under 413.232(b) as part of the updated regression analysis and found that the ESRD facilities still had higher costs compared to other ESRD facilities. Available at: https://www.jointcommission.org/our-priorities/health-care-equity/health-care-equity-prepublication/. Factor 4. Accordingly, we believe that under our proposed methodology, for new renal dialysis drugs and biological products that are not a substantial clinical improvement over existing renal dialysis drugs and biological products, utilization would diminish over time and the amount of the post-TDAPA add-on payment adjustment would decline accordingly. Along with the Long-Term Catheter Rate clinical measure, we stated that the two vascular access measures, when used together, consider arteriovenous (AV) fistula use as a positive outcome and prolonged use of a tunneled catheter as a negative outcome. In general, add-on payment adjustments under section 1881(b)(14)(D)(iv) of the Act are not statutorily required to be budget neutral under the ESRD PPS, but we believe in this instance that budget neutrality is appropriate, due to the manner in which this adjustment is derived. Derebail VK, Lacson EK Jr, Kshirsagar AV, Key NS, Hogan SL, Hakim RM, et al. June 2021. Sanghavi. In addition, this proposed rule would update requirements for the ESRD Quality Incentive Program and the ESRD Treatment Choices Model. https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/moderna-covid-19-vaccines. Seligman, H.K. (2007). This included a 62 percent pediatric payment increase (that is, an adjustment factor of 1.62) applied to the composite payment rate per treatment for any facility when furnishing outpatient dialysis services to pediatric patients with ESRD. January 12, 2023 Download the fact sheet Event: CY 2023 ESRD PPS Final Rule January 19, 2023 2:00 P.M. (Eastern Time) Description: Topic covers finalized policy pertaining to PYs 2023, 2024, and 2025 ESRD QIP program details. 85. https://www.medicare.gov/care-compare/. With regard to patient-level factors contributing to high costs of care, commenters expressed that patient-level adjusters should be based on sound, empirical evidence of their contribution to cost of care and opposed the use of time on machine data as a single, patient-level factor to estimate variation in composite rate costs. Then, after consideration of public comments, we would announce the results in the The total of these payments becomes the new CY 2024 amount of wage-adjusted expenditures for all ESRD facilities. https://aspe.hhs.gov/pdf-report/second-impact-report-to-congress. Therefore, we believe that the applicant is targeting the clinical outcomes criterion (number (3) above). 244. We are proposing to call this the Transitional Pediatric ESRD Add-on Payment Adjustment (TPEAPA) and make this adjustment budget neutral. Although some measures in the ESRD QIP apply to home dialysis facilities, certain measures do not apply to facilities that have high rates of home dialysis. (2021). 2022 May;28(5):735.e1735.e3. To understand the impact of the changes affecting Medicare payments to different categories of ESRD facilities, it is necessary to compare estimated payments in CY 2023 to estimated payments in CY 2024. In the CY 2019 ESRD PPS final rule, we codified a number of key terms used in the ESRD QIP at 413.178(a) of our regulations (83 FR 56980 through 56982). We have also finalized a policy requiring that all Special Needs Plans (SNPs) include one or more questions on housing stability, food security, and access to transportation in their Health Risk Assessment (HRA) using questions from a list of screening instruments specified in sub-regulatory guidance (87 FR 27726 through 27740), as well as adopted the Screening for Social Drivers of Health Measure in the Merit-based Incentive Payment System Program (87 FR 70054 and 70055). Sahiner, N., Turkmen, A. https://www.cdc.gov/nhsn/pdfs/hps/covidvax/UpToDateGuidance-508.pdf. Proposal To Revise the Definition of Minimum Total Performance Score (mTPS) at 413.178(a)(8), 2. Capacity to Address Social Needs Affect Primary Care Clinician Burnout. Under current guidance, when billing for discarded amounts of drugs in accordance with the policy in chapter 17 of this manual, section 40.1, the provider must bill for discarded amounts on a separate line item with the modifier JW. [13] [6162] JAMA Network Open. Income Inequality and thirty-Day Outcomes After Acute Myocardial Infarction, Heart Failure, and Pneumonia: Retrospective Cohort Study. As indicated in 413.236(c), February 1 prior to the particular calendar year is the annual TPNIES application submission deadline. 225. October 26, 2022. Second, we are proposing to establish a process that would allow low-volume facilities to close and reopen in response to a disaster or other emergency and still receive the LVPA. These include a proposed transitional add-on payment adjustment for pediatric patients and a proposed add-on payment adjustment for certain new renal dialysis drugs and biological products in existing ESRD Accessed: November 23, 2021. Available at: Federal Register We also note that the proposed measure is intended to promote health equity for all patients and is not intended to create a conflict between a CMS requirement and a state's civil rights laws. 42 U.S.C. The 2018 TEP report provided examples of ways that extended treatment duration could affect cost components. We compute a wage index budget-neutrality adjustment factor that is applied to the ESRD PPS base rate. Sunday, July 2, 2023. In this way, time on machine data would be used to disaggregate facility-level composite rate costs (as obtained from the cost reports) and assign them to the patient-month [154] https://doi.org/10.31478/201705b. Available at: [162] In addition to re-evaluating and potentially updating the payment multiplier for the patient-level adjuster for the co-morbidity of sickle cell anemia, CMS anticipates that there could be other instances where patients need more time on renal dialysis to avoid uncomfortable post-dialytic sequela, such as profound post-dialytic exhaustion. NEJM Catalyst. Available at: [118119120121]. Under the ESRD PPS, beneficiaries are responsible for paying 20 percent of the ESRD PPS payment amount. CMS may retain a measure that meets one or more of the measure removal factors described in paragraph (c)(5)(i) of this section for reasons including, but not limited to, that the measure addresses a gap in quality that is so significant that removing the measure would lower the quality of care furnished by facilities, or that the measure is statutorily required. One document labeled as Dutch guidelines was submitted in non-English text and thus, was not readily accessible to our review team. The ESRD PPS already accounts for some of the higher costs that ESRD facilities incur while furnishing renal dialysis services to Pediatric ESRD Patients through the case-mix adjusters. https://mmshub.cms.gov/sites/default/files/2022-MUC-List.xlsx. Specifically, in this proposed rule, we are requesting information regarding a potential payment adjustment for geographically isolated and rural ESRD facilities, proposing additional payment for the subgroup of Pediatric ESRD Patients (as defined in 42 CFR 413.171), and furthering our efforts to determine if payment to ESRD facilities treating patients with co-morbidities such as sickle cell anemia is aligned with resource use by such ESRD facilities. We believe that vaccination remains the most effective means to prevent the worst consequences of COVID19, including severe illness, hospitalization, and death. Available at: https://catalyst.nejm.org/doi/full/10.1056/CAT.17.0556. The ESRD PPS has separate facility-level payment adjustments for low-volume facilities, as set forth in 42 CFR 413.232, and facilities in rural areas, as set forth in 42 CFR 413.233. Start Printed Page 42514 Khullar, D., Schpero, W.L., Bond, A.M., Qian, Y., & Casalino, L.P. (2020). Facility reporting measure scores were estimated using available data from CY 2021. 119. baseline period, it performed at the 50th percentile of national ESRD facility performance on all clinical measures and the median of national ESRD facility performance on all reporting measures.. ESRDPayment@cms.hhs.gov. 2023. Thus, we anticipate that the proposed methodology would create incentives for ESRD facilities to efficiently allocate resources in a way that would be consistent with the principles of prospective payment. While our proposal limits the time on machine reporting requirement to in-center claims, to address the concerns raised by interested parties about the burden and complexity of home dialysis reporting, we note that time on machine for home dialysis data could nonetheless be voluntarily reported using the D6 value code on claims. ESRD Beneficiaries require dialysis or kidney transplantation to survive, and the majority of ESRD Beneficiaries receiving dialysis receive hemodialysis in an ESRD facility. Available at: Start Printed Page 42542. As discussed previously, section 1881(b)(14)(D)(iv) of the Act provides that the ESRD PPS may include such other payment adjustments as the Secretary determines appropriate. 3729 to 3733) establishes civil liability for knowingly presenting a false or fraudulent claim to the government for payment. Both datasets and the risk-adjustment methodologies for the ETC Model were developed by the CMS Office of the Actuary (OACT). [202203], Significant and persistent health disparities in the United States result in adverse health outcomes for people with ESRD. CMS Office of Minority Health. (2016). We also propose that if more recent data become available after the publication of this proposed rule and before the publication of the final rule (for example, a more recent estimate of the market basket percentage increase), we would use such data, if appropriate, to determine the CY 2024 market basket percentage increase in the final rule. We are proposing to define temporary patient-shifting in the context of the LVPA in the ESRD PPS as providing renal dialysis services to one or more patient(s) at any time through the end of the calendar year following the 12-month period beginning when an ESRD facility first begins providing renal dialysis services to the displaced patient(s). 120. The ESRD PPS wage index values are calculated without regard to geographic reclassifications authorized under sections 1886(d)(8) and (d)(10) of the Act and utilize pre-floor hospital data that are unadjusted for occupational mix. The measure assesses the number of months for which a facility reports all data elements required to calculate ultrafiltration rates (UFR) for each qualifying patient. 207. [273] 65. 55. [274] The Trade Preferences Extension Act of 2015 (TPEA) (Pub. The applicant provided supplemental information in a document titled 510(k) Summary that included a comparison table of the Predicate Device (K130631) to the Subject Device (K202993). Data indicate that, even after accounting for factors such as socioeconomic conditions, members of racial and ethnic minority groups reported experiencing lower quality healthcare. 79. The CY 2023 TPNIES offset amount was $9.79. We are proposing a 12-month period of performance for both the Screening for Social Drivers of Health reporting measure and the Screen Positive Rate for Social Drivers of Health reporting measure, and facilities would be required to report annually for both measures beginning with the PY 2027 ESRD QIP. value code) connected to the number of minutes of hemodialysis treatment provided to a patient in center. Norris, K.C., Williams, S.F., Rhee, C.M., Nicholas, S.B., Kovesdy, C.P., et al. However, as described in the Specialty Care Models final rule, alternative renal replacement modalities to in-center hemodialysis, including home dialysis and kidney transplantation, are associated with improved clinical outcomes, better quality of life, and lower costs than in-center hemodialysis (85 FR 61264). https://www.cdc.gov/ncbddd/humandevelopment/covid-19/needle-phobia/index.html Likewise, under section 1881 of the Act, CMS established related data and information requirements at 42 CFR 494.180(h). Calendar Year (CY) 2024 Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury (AKI), B. This measure will assess the percentage of healthcare personnel employed at the facility who receive a complete COVID-19 vaccination course. For PY 2027, we estimate that the ESRD QIP would contribute approximately $17,388,145.07 in Medicare savings. We noted that, under current reporting practices, there are no data on the patient-and treatment-level variation in the cost of composite rate items and services. For the purposes of this analysis, we exclude the ESRD facilities that are owned and operated by LDOs and regional chains, which would have total revenues of more than $8.1 billion in any year when the total revenues for all locations are combined for each business (LDO or regional chain), and are not, therefore, considered small businesses. The previously finalized and newly proposed measures that would be included in each domain, along with the proposed new measure weights, beginning with PY 2027 are depicted in Table 22. [149] Food and Drug Administration. December 2020. Available at: This sequential approach for reviewing eligibility criteria is also in place for the NTAP pathway. Additionally, this would have a beneficial financial impact on the ESRD facilities, both pediatric and non-pediatric, that serve this pediatric population. Centers for Medicare & Medicaid. and EMLA incurs $15 cost per use and takes 1 hour to become effective. Baxter, A., Tweed, E., Katikireddi, S., Thomson, H. (2019). Potts DA, Davis KF, Elci OU, Fein JA. CMS would review the request and notify the ESRD facility and the MAC within 30 days if the exception is approved or denied. [179] 273. 2022. Recommendations to minimize the information collection burden on the affected public, including automated collection techniques. https://www.fda.gov/news-events/press-announcements/fda-approves-first-covid-19-vaccine. Pediatric patient-level adjusters include two age categories (under age 13, or age 13 to 17) and two dialysis modalities (that is, peritoneal or hemodialysis) (413.235(a) and (b)). Unequal Treatment: Report of the Institute of Medicine on Racial and Ethnic Disparities in Healthcare. Submit a formal comment. have higher costs than low-volume ESRD facilities overall. Morbidity and Mortality Weekly Report (MMWR). Under our current policy, a facility does not receive a payment reduction for a payment year in connection with its performance under the ESRD QIP if it achieves a TPS that is at or above the minimum TPS (mTPS) that we establish for the payment year. Are there specific recommendations to change the LDN methodology described above to promote quality access to care for all ESRD beneficiaries? We also considered, but did not propose, an alternative methodology for calculating this payment adjustment which would incorporate a reconciliation of all the formerly separately billable drugs against the calculated post-TDAPA payment adjustment. This proposed measure update would also align with our efforts under the Meaningful Measures Framework, which identifies high-priority areas for quality measurement and improvement to assess core issues most critical to high-quality healthcare and improving patient outcomes. The proposed CY 2023 ESRD PPS base rate is $264.09 an increase of $6.19 over the current base rate of $257.90. Report to Congress: Social Risk Factors and Performance Under Medicare's Value-Based Purchasing Program (Second of Two Reports). On January 1, 2011, CMS implemented the ESRD PPS, a case-mix adjusted bundled PPS for renal dialysis services furnished by ESRD facilities, as required by section 1881(b)(14) of the Act, as added by section 153(b) of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA). The total payment reductions for all the 2,299 facilities expected to receive a payment reduction is approximately $17,388,145. Existing 413.178(c)(1) through (5) would be consolidated and renumbered as 413.178(c)(1)(i) through (v), and we would add a new 413.178(c)(1)(vi), which would codify our policy to adopt measures for the ESRD QIP beyond those that address the topics described at 413.178(c)(1)(i) through (v). Additionally, we have previously established in the CY 2012 ESRD PPS final rule (76 FR 70243 through 70244) that ESRD facilities may only report units and charges for drugs and biological products actually purchased and may not bill for overfill units of drugs and biological products which exceed the amount indicated on the vial or package labeling. [2324] In this proposed rule, we continue to address health equity for beneficiaries with ESRD who are also members of underserved communities, including but not limited to those living in rural communities, those who have disabilities, and racial and ethnic minorities. These measures complement each other because they would require facilities to report both the percentage of patients they screened (under the proposed Screening for Social Drivers of Health measure) and the results of that screening (under the proposed Screen Positive Rate for Social Drivers of Health measure) in order to potentially identify gaps and develop sustainable solutions at a facility level and a community level. The second payment adjustment reflects differences in area wage levels developed from core-based statistical areas (CBSAs) (413.231). Kosmadakis G, Amara I, Costel G. Pain on arteriovenous fistula cannulation: A narrative review. We ultimately determined that treatment for AKI is substantially different from treatment for ESRD and the case-mix adjustments applied to ESRD patients may not be applicable to AKI patients, and as such, including those policies and adjustments is inappropriate. 115. As we stated in the CY 2023 ESRD PPS final rule, devices that receive FDA marketing authorization have met regulatory standards that provide a reasonable assurance of safety and effectiveness for the devices. As such there are no items previously approved for TPNIES for which payment is continuing in CY 2024. Kaiser Family Foundation. This adjustment would not be part of the case-mix adjusters. Moreover, we stated that we were aware that many ESRD facilities' electronic health records (EHR) systems automatically collect this information for every renal dialysis treatment, minimizing additional burden of reporting this metric on claims. Jacobs D, Schreiber M, Seshamani M, Tsai D, Fowler E, Fleisher, L. Aligning Quality Measures across CMSThe Universal Foundation. The overall effect of the proposed changes to the outlier payment policy described in section II.B.1.c of this proposed rule is shown in column C. For CY 2024, the impact on all ESRD facilities as a result of the proposed changes to the outlier payment policy would be a 0.1 percent decrease in estimated Medicare payments. Start Printed Page 42447 As discussed above, we are proposing that beginning with PY 2026, the Clinical Depression Screening and Follow-Up reporting measure would be converted to a clinical measure and included in the Care Coordination Domain, the Standardized Fistula Rate clinical measure would be removed from the Clinical Care Domain, the Ultrafiltration Rate reporting measure would be removed from the Reporting Domain, and the Facility Commitment to Health Equity reporting measure would be added to the Reporting Domain. Although we have noted that the ESRD PPS base rate already includes money for renal dialysis drugs and biological products that fall within an existing ESRD PPS functional category, we do not believe that proposing a budget neutral payment adjustment would be appropriate for the post-TDAPA add-on payment adjustment. As discussed in the CY 2019 and CY 2020 ESRD PPS final rules, for new renal dialysis drugs and biological products that fall into an existing ESRD PPS functional category, the TDAPA helps ESRD facilities to incorporate new drugs and biological products and make appropriate changes in their businesses to adopt such products, provides additional payments for such associated costs, and promotes competition among the products within the ESRD PPS functional categories, while focusing Medicare resources on products that are innovative (83 FR 56935; 84 FR 60654). The statute defines the productivity adjustment to be equal to the 10-year moving average of changes in annual economy-wide, private nonfarm business multifactor productivity (MFP) (as projected by the Secretary for the 10-year period ending with the applicable FY, year, cost reporting period, or other annual period) (the productivity adjustment). doi:10.1111/sdi.12589. We estimate that the overall payment rate for the ESRD PPS would increase by 1.6 percent. information collection requirements (ICRs). https://doi.org/10.1161/CIRCOUTCOMES.120.006752. Healthy People 2020: Disparities. KorsuvaTM. For those ESRD facilities that use EHRs, we estimate that there would be only very minimal additional staff time required to report such time on machine data on ESRD PPS claims for renal dialysis services. Given the availability of vaccine efficacy data, EUAs issued by the FDA for bivalent boosters, the continued presence of SARSCOV2 in the United States, and variance among rates of booster dose vaccination, it is important to modify the COVID19 Vaccination Coverage Among HCP measure to reflect recent updates that explicitly specify for HCP to receive primary series and booster vaccine doses in a timely manner. Section 413.236 is amended by revising paragraph (b)(2) to read as follows: (2) Is new, meaning a complete application has been submitted to CMS under paragraph (c) of this section within 3 years of the date of the Food and Drug Administration (FDA) marketing authorization; 9. We are soliciting comments regarding establishment of multiple thresholds, including up to an eight-tiered structure for the LVPA. other requirements for the low-volume adjustment are met. This information is not part of the official Federal Register document. 3. If CMS does not approve the request, CMS would notify the ESRD facility and the MAC, and the ESRD facility would be disqualified from receiving the LVPA until it meets all the LVPA criteria (including the 3-year lookback). https://www.cms.gov/pillar/health-equity. As described previously in the background section of this proposed rule, the TPNIES innovation criterion in 413.236(b)(5) incorporates the substantial clinical improvement criteria in the IPPS regulations at 412.87(b)(1) for the new technology add-on payment (NTAP). Available at: The threshold is equal to the ESRD facility's predicted MAP amount per treatment plus the FDL amount. Finally, CMS would review the data for its potential to identify any disparities from a health equity perspective and to support the future proposal of any new patient-level adjustment factors, including potential SDOH factors. [180] Food insecurity, health care utilization, and health care expenditures. Management of the Dialysis Patient with Sickle Cell Disease (Seminars in Dialysis 14 July 2015, In concurrence with MedPAC, a coalition of dialysis organizations, three large dialysis organizations (LDOs), a non-profit kidney organization, and a provider advocacy coalition commented that the rural adjustment should be eliminated and an LVI methodology should be adopted, as they considered a methodology based upon census tracts to be both complicated and lacking transparency. We are issuing this RFI to seek feedback on the suggested changes to the LVPA, as described above, and to solicit further input from interested parties to inform future modifications to the methodology used to determine the LVPA. 157. Available online at: Proposed TPEAPA Budget-Neutrality Adjustment Factor: However, the change that we are proposing is that once it has been established that one criterion has not been met, we would not discuss or make specific determinations on the subsequent criteria for that item in the annual ESRD PPS final rule. For additional context, we note that, under 413.198(b)(3), allowable cost is the reasonable cost related to renal dialysis treatments.

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esrd pps final rule 2023