Which might be the true source of my criticism. At the end of the day, this is all opinion. Sure, there's actual rules, regulations, legislation - but it depends on the context, the era, the expert witnesses, the lawyers. Very little is clear, and even the clear stuff can be argued.
What was that Marc Antony said about the senate… “So are they all, all honorable men.”
We are making our own argument for case based payment here.
You guys are definitely on top of the particulars of coding, and in our field, coding is granular.
But, it's the culture baby, not the regulatory or legal details. Sodomy laws lost their teeth ages ago. (Although it's important to get bad laws off the books, lest a crazy political turn means people will again enforce them.)
What matters are commitment to an idea (culture) and fear.
In our case, there is still commitment in some areas to an idea of in-person supervision (culture) and a fear of Qui-Tam suits in the setting of complicated professional coding.
I am pro machine babysitting btw, because I'm selfish and my practice is set-up this way, with more docs than sites and enough patient's that I am not infrequently being called over for patient issues during the day. It is also a (perhaps artificial) way of preserving our value and propping up our demand.
Regarding case based payment, I'll be damned if I will support any carve outs. But case based would keep us away from righteously committing little sins over and over again.
In an ideal world, ASTRO could have made the following simple proposal (if in fact the goal is payment stabilization). View this as a path to true site neutrality and global radonc cost stabilization. View it as a righteous proposal.
1. Assume that nationally, utilization at present is judicious (not my assumption, I think protons and adaptive are overvalued and protons overutilized, but this is the assumption our advocacy group should make when pursuing payment stabilization). This means that protons, adaptive, fractionation choice, image guidance, SBRT, all this stuff is assumed to be roughly done correctly and in proper proportions presently. (+/- the 6% fraud margin) However, we have existing incentives to maximize cost per patient, including the use high cost interventions without proven clinical benefit.
2. Our goal regarding stability is to stabilize both payments and costs (to the government). We also want to tie payment to inflation, because this makes sense (we have all been taking a cost of living hit for years).
3. Calculate payments presently for all cases (by cancer type) as well as the number of cases at a national level and come up with your case rates. This should include all cases, including protons, adaptive (as a single case), and brachy.
4. Use this as the number to designate national case rates. (Feds can throw on a geographic adjustment multiplier like they do already).
Now if this number is radically different than what ASTRO is presently proposing, this tells us some important things. (I would think they could come up with an alternate calculator relatively easily).
5. Propose research dollars for ions and other progressive interventions. Make it a radonc moonshot type deal. Give it to the big guys and factor it into the proposal. You could even run the calculator for UPENN or MSKCC and figure out what type of research allocation they would need to make up for the loss of revenue. (My guess is, given their payor mix, they would be fine anyway).
I'm not opposed to academics getting research money, I'm opposed to the perverse things that happen when they get paid more for equivalent care. This could radically change the culture of academic radonc back to what it should be (tough cases and research).
This is a true case based payment model. Now, what would it incentivize?
1. Judicious use of tech...and science
2. Emphasizing cost effectiveness of new technologies (important when it's all radiation anyway).
3. Seeing patients.
What would it dis-incentivize?
1. Consolidation (your cases are worth what they are worth)
2. New proton centers
3. New tech unless it is cost effective
Regarding increasing radiation oncology's value? There are authentic ways to do this. Like adding different types of interventions to our practice.