July 28, 2008
 

 
TOA President's Update: HR 6478 Contacts & Letter
  

By Timothy L. Beck, MD
President, Texas Orthopaedic Association

Last week we had mentioned national legislation HR 6478.  This national bill focuses on advancing orthopaedic care, research and public awareness of musculoskeletal health, and will raise the profile of the American Association of Orthopaedic Surgeons on Capitol Hill.  Increasing the number of Congressional co-sponsors is integral in moving

the AAOS Act forward.

The Lead Sponsor if HR 6478 is US Rep Hilda Solis of California and US Rep Michael C. Burgess (Tx-District 26) is the Lead Co-Sponsor.  At this time, US Rep Gene Green (Tx-District 29) and US Rep Ruben Hinojosa (Tx-District 15) have also signed on as co-sponsors of HR 6478.  We need more co-sponsors from Texas and ask you to help by contacting your member of Congress.

You can contact your member of Congress by utilizing a feature of the TOA website by clicking here.

Once the system has identified your Congressman or Congresswoman, make sure only they are selected (or their box is checked) to receive an email from you on this national issue.  You can compose your own letter asking them to support and co-sponsor HR 6874 or cut and paste from a sample letter by clicking here.

Grassroots efforts from TOA members are needed for national and state legislation. The 2009 Texas Legislative Session is just a few months away.  TOA hopes to have our Grassroots Advocacy system easily accessible and workable for all of our members by the Fall.  If you are willing to be the Key Contact for a national or state legislator from your voting district, please contact Mignon McGarry via email by clicking here.

Thank you.
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This Week In Texas: Mignon McGarry Memos

By Mignon McGarry
TOA Legislative Advocate
TOA Online Version: All Memos

July 23, 2008, Wednesday
The Comptroller's Business Tax Advisory Committee met in Austin on Monday to discuss the collection of the new business margins tax.  The

Committee heard testimony that the state has raised $4.2 billion from the tax so far.  Although this total is significantly below what the state was expecting, the state expects to collect more between now and November when the remainder of the tax is collected.  In addition, Committee members agreed that higher yields from other state taxes will help to make up for the reduced amount due from the business margins tax.

Rep. Myra Crownover (R-Lake Dallas), a member of the Business Tax Advisory Committee, commented that most legislators were interested in data that would indicate whether the tax resulted in a tax shift as she argued the Legislature intended or a tax increase.  Comptroller Susan Combs was careful to say that her office will not be able to break out totals by business but instead will try to do provide data broken down by industry, pointing out what new sectors were brought into the fold under the revised tax.  In his comments, Committee member Sen. Steve Ogden (R-Bryan) reminded the committee that the "winner" in this exercise was public education.  The revised tax was passed because the state’s method of public school financing had been found to be unconstitutional.

Handouts from Monday's meeting are available at the Comptroller's website by clicking here. The summary of the Interstate Comparison and Economic Development Tables is particularly interesting.

On the campaign front, a state district judge in Tarrant County ruled that Democrat Wendy Davis can appear on the ballot in the November general election for the Senate District 10 seat currently held by Sen. Kim Brimer (R-Ft. Worth).  Brimer filed a lawsuit claiming that Davis, a former Ft. Worth City Council member, was not eligible to run because she still held a "lucrative office" when she filed to run for the Texas Senate seat.  Brimer says he will appeal the ruling.
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Medicare Claims Processing – HR 6331
    

In late June, the Centers for Medicare and Medicaid Services (CMS) instructed its carriers not to process any physician claims for the first 10 business days of July because of the pending legislation to postpone the reduction in physician reimbursement for Medicare claims.  However, now that Congress has passed a law reversing the cuts retroactive to July 1st, Medicare carriers should have switched their systems back to the June 2008 rates. Most carriers may already have corrected rates,

but others could take more time.

CMS has said it will automatically reprocess any claims paid at the reduced rates. In most cases, CMS will provide the balances due to physician practices in one batched check.

Other changes by HR 6331:

  • Reinstating the therapy caps exceptions process as of July 1st.

  • Claims submitted with the therapy cap exception modifier will be processed as soon as the new payment rates have been activated.

  • Claims submitted without the modifier, and rejected or denied, can be resubmitted with the modifier for reimbursement.

  • DME Competitive Bidding Program, which affects 10 competitive bidding areas, has been delayed.

  • Medicare beneficiaries may use any Medicare-approved supplier for Durable Medical Equipment.

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