APA Action Alert: Include Psychologists in the Medicare Physician Definition

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Congresswoman Janice Schakowsky (D-IL) has introduced legislation (HR 6147) to remove barriers to patient access to quality mental health care by including psychologists in the Medicare “physician” definition. Your Representative needs to hear from you to cosponsor the bill.

Go to this link, type in your ZIP code and a letter will be sent to your federal representatives.


http://capwiz.com/apapractice/issues/alert/?alertid=17359501

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Congresswoman Janice Schakowsky (D-IL) has introduced legislation (HR 6147) to remove barriers to patient access to quality mental health care by including psychologists in the Medicare “physician” definition. Your Representative needs to hear from you to cosponsor the bill.

Go to this link, type in your ZIP code and a letter will be sent to your federal representatives.


http://capwiz.com/apapractice/issues/alert/?alertid=17359501

Going to shamelessly copy and paste this message to send to fellow graduate students and current practitioners.

Also, a word of caution for us grad students--be sure to read over the form letter and edit as appropriate; I personally chose to change my description from "psychologist" to "psychology doctoral candidate."
 
Members don't see this ad :)
What is this exactly? Are psychologists currently considered midlevel providers by Medicare? If so, the change would establish a change in billing rates, or?
 
What is this exactly? Are psychologists currently considered midlevel providers by Medicare? If so, the change would establish a change in billing rates, or?


Per the APA:

HR 6147 does not reconstitute clinical psychologists as physicians, and inclusion in the physician definition will not expand a psychologist’s scope of practice. Instead, as with other non-physician providers already in the Medicare “physician” definition, psychologists will be able to provide services to Medicare beneficiaries to the full extent of their licensure as permitted under state law. Psychologists are the only doctoral-trained Medicare providers not already included in the “physician” definition.

My (limited) understanding is that by not being included in the medicare definition of "physician," (which currently does include chiropractors, optometrists, podiatrists, and dentists), psychologists are required to be supervised by physicians when providing certain services to medicare beneficiaries, and/or these services are not covered by medicare, despite being allowed by state law and state licensing boards. Or something like that.
 
Some people may have not seen this important announcement yet
 
thanks for the bump....im posting the link on facebook!
 
Great, we need to advocate for ourselves in every way possible!
 
From APA's website (apa.org):

House bill would include psychologists in Medicare “physician” definition
A newly introduced House bill is the first step toward ensuring that licensed psychologists are able to provide Medicare mental health services free of unnecessary and outdated physician supervision requirements
by Communications Staff

September 30, 2010—In an exciting development for professional psychology, Congresswoman Jan Schakowsky (D-IL) introduced legislation (HR 6147) on September 16 to include psychologists in the Medicare “physician” definition.

Psychology proponents hailed the development as an important first step in a long process to ensure that licensed psychologists are able to provide Medicare mental health services free of unnecessary and outdated physician supervision requirements that hinder patient access.

“We are pleased that Congresswoman Schakowsky has chosen to lead the charge on this important issue for practicing psychologists,” said Marilyn Richmond, JD, assistant executive director for government relations in the APA Practice Organization (APAPO). She noted that Rep. Schakowsky plays a key role on the House Energy and Commerce Committee, which has jurisdiction over Medicare legislation.

In a September 16 letter (PDF, 126 KB), APA Executive Director for Professional Practice Katherine Nordal, PhD, also commended Rep. Schakowsky for her leadership role in support of professional psychology.

The momentum has been building in recent months leading up to the bill’s introduction. “This year appeared to offer an opening for us to pursue inclusion in the physician definition, so we seized the opportunity,” said Doug Walter, JD, legislative and regulatory counsel for government relations.

He noted that more than 300 psychologists visited their members of Congress during the APA Practice Organization’s March 2010 State Leadership Conference. Among their messages: Psychologists should be included in Medicare’s “physician” definition to improve patient access to necessary mental health services (PDF, 39.8 KB).

Walter and others on the lobbying team for APAPO had been working since then to identify and recruit a champion for psychology’s cause on Capitol Hill.

Even with key legislators’ support, the path to legislative success will not be smooth. APAPO anticipates that the bill will draw strong opposition from organized medicine.

HR 6147 does not reconstitute clinical psychologists as physicians, and inclusion in the physician definition will not expand a psychologist’s scope of practice. Instead, as with other non-physician providers already in the Medicare “physician” definition, psychologists will be able to provide services to Medicare beneficiaries to the full extent of their licensure as permitted under state law. Psychologists are the only doctoral-trained Medicare providers not already included in the “physician” definition.

APAPO plans to focus on gaining a Senate sponsor and building bipartisan support for the bill. The coming weeks are critical for determining future strategy.

“We’ll need to see where things stand on Capitol Hill after the midterm elections in November,” said Walter, “including who controls Congress and by what margins, and what members hold key leadership positions.”

We Need Your Help – Take Action Now
As always, grassroots psychologists are instrumental to professional psychology’s advocacy work. Visit our Legislative Action Center at Practice Central to send a customizable email or printed letter calling on your Representative to co-sponsor HR 6147. It’s quick and easy—and critically important.
 
I have never had to have any physician supervision to provide services to Medicare patients? Does the effect of this vary by state?
 
I have never had to have any physician supervision to provide services to Medicare patients? Does the effect of this vary by state?

It seems as though many services provided by psychologists are currently included in the legislation somehow. However, my understanding is that for services not explicitly mentioned by medicare legislation as being in the realm of a psychologists' skillset--but that are included in state licensing definitions of a psychologist's role--medicare would not reimburse without some type of supervision.

Or, again, something like that.
 
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Just received this concerning e-mail on an APA listserv:

Dear Psychologists,


Please act on this urgent request to call your US Representative before October 10th and ask him/her to co-sponsor this important legislation to include psychologists in the Medicare definition of "physician". It will take away an important rationale that physicians have used that only they can be "captains of the ship." Being included in this federal definition along side medical doctors, is absolutely important


Thank you in advance for making this call!







X Urgent

X Action Required



APA Practice Organization Action Alert



Re: Legislation Introduced to Include Psychologists in Medicare Physician Definition

In an exciting development for psychology, I am pleased to report that Congresswoman Jan Schakowsky (D-IL) has introduced legislation (HR 6147) to include psychologists in the Medicare "physician" definition. Our lobbying team has been working for several months to identify and recruit a champion on the Hill, and we are pleased that Schakowsky, who has a key role on the House Energy and Commerce Committee, has chosen to lead the charge on this important issue for practicing psychologists. You can view the APA Practice Organization's letter of support here: http://www.apapracticecentral.org/advocacy/medical/physician-definition.aspx.

We have a long way to go to see this common sense measure implemented into law, but this is an important first step in a long process to ensure psychologists are able to provide Medicare mental health services free of unnecessary physician supervision requirements that hinder patient access. In the few weeks left of this session of Congress, we need your help to recruit cosponsors and build support on the Hill.

Action by Psychologists:

Before Nov. 15th call the Capitol Switchboard at 202-225-3121

and urge your Representative to cosponsor HR 6147

Grassroots feedback is extremely important to our advocacy efforts, so we would very much appreciate it if you would e-mail ([email protected]) or fax (202-336-5797) us any substantive responses (other than auto-responses) you receive from your Representative.

Targets: All U.S. Representatives

Message:

I am calling as a constituent and psychologist to urge the Congressman/woman to cosponsor HR 6147 to remove barriers to patient access to quality mental health care by including psychologists in the Medicare "physician" definition. Psychologists are the only doctoral trained non-physician providers who have still not been included in the definition. The bill it is needed to ensure we can serve our Medicare patients to the full extent of our licensure independent of unnecessary physician supervision requirements.

If the Representative indicated support during SLC, then say: Your office indicated that the Congressman/woman would likely be supportive when constituents visited on March 9.

If you know the staffer, then ask: Can we count on the Congressman/woman's cosponsorship?


Background:

Congress Should Include Psychologists in Medicare's "Physician" Definition to Improve Patient Access to Mental Health Services


Right now, several Medicare physician supervision requirements are hampering psychologists from providing Medicare beneficiaries the full range of services under their state licensure. Medicare pays for and recognizes the importance of psychologists' services, but restricts patient access through archaic and unnecessary physician supervision requirements. As a result, Medicare mental health services are being left behind at a time of growing recognition that they are centrally important to ensuring the health of elderly individuals.

Psychologists are key mental health providers in Medicare. Psychologists provide nearly half of the psychotherapy services to Medicare beneficiaries in the hospital outpatient setting and more than 70% of the psychotherapy services in the hospital inpatient, partial hospital, and residential care settings. They provide the vast majority of mental health testing services, many of which are unique to their training and licensure.

Psychologists' services are of growing importance for beneficiary health as Medicare increasingly emphasizes primary and chronic care for beneficiaries, including care for the mind and body as one.

According to SAMHSA, individuals age 65 and older will comprise 20% of the country's population by 2030. There will be increased demand for mental health treatment as the number of older adults with mental disorders, including depression, anxiety, and dementia, grows from 7-15 million. Treatment for these individuals will be more complicated because mental disorders in older persons are associated with adverse outcomes such as poorer functioning, increased morbidity and mortality, and a higher risk of institutionalization.

More than ever psychologists are working with medical doctors in Medicare to treat patients with co-morbid physical and mental health and substance use disorder conditions.

Including psychologists in the Medicare physician definition will improve Medicare beneficiary access to the mental health services they need. At a time when Medicare beneficiaries need the full range of services that psychologists provide, it is critically important that inappropriate physician supervision barriers be removed. Psychologists provide critical care to beneficiaries in a range of Medicare settings, including in the inpatient hospital, psychiatric hospital, hospital outpatient, partial hospital, comprehensive outpatient rehabilitation facility ("CORF"), rural health clinic, federally qualified health center, and skilled nursing facility settings. Inclusion of psychologists in the physician definition will provide for a long-overdue reassessment of supervision and oversight that is not appropriate.

For example, Partial hospital services provide intensive treatment for Medicare beneficiaries who would otherwise need inpatient psychiatric care, and are furnished by hospitals to outpatients or by community mental health centers. Psychologists can and do run partial hospital programs in the private health system today—overseeing, supervising and providing treatment—yet Medicare requires that such services must be prescribed by a physician, provided under a written treatment plan established and periodically reviewed by a physician, and furnished while under the care of a physician. If these physician barriers were removed, Medicare beneficiaries would have better access to the partial hospital services they need.


Including psychologists in the physician definition will particularly help Medicare beneficiaries in rural areas where psychiatrists are not available to provide supervision. Based on a 2007 APAPO study prepared by the Center for Health Policy, Planning and Research at the University of New England, there are 2,943 psychiatrists in non-Metropolitan Statistical Areas in the U.S.—a rate of 5.2 psychiatrists per 100,000 population. There are three times as many psychologists in these areas—8,867 psychologists or a rate of 15.7 psychologists per 100,000 population.


The lack of psychiatrists to supervise treatment in the various Medicare settings has stifled the development and expansion of mental health services delivery in rural areas. If, for example, a physician is not available to supervise partial hospital services in a rural area, then such services are not provided, even if needed by rural Medicare patients. Removing unnecessary physician supervision requirements will help remedy rural mental health access to these mental health services. Psychologists will be able to provide partial hospital services within their licensure without unnecessary physician oversight while still working with physicians regarding medication and other services beyond their licensure.

Congress references the Medicare physician definition in enacting laws to evolve the Medicare program or to improve beneficiary access to services. When psychologists are not included in the definition, mental health services are left behind. For example—

· HPSA Bonuses—Medicare "physicians," including chiropractors, optometrists, and podiatrists, receive a 10% bonus payment for providing services in a Health Professional Shortage Area. By excluding psychologists, mental health services are mostly left out of bonus payments designed to improve Medicare beneficiary access in underserved areas.


· HIT Incentive Payments—The Health Information Technology for Economic and Clinical Health ("HITECH") Act provides for incentive payments to Medicare "physicians," including chiropractors, optometrists and podiatrists when they adopt electronic medical records into their practices. With the exclusion of psychologists from these payments, mental health is essentially left out in the development of electronic medical records in the Medicare program.

Including psychologists in the Medicare physician definition does not make them physicians, but it does remove barriers to the services they provide. Medicare's physician definition (1861(r) of the Social Security Act) includes non-physician providers. Dentists, podiatrists, optometrists and chiropractors are included in the Medicare physician definition so that they may provide services to the full extent of their licensure.

Inclusion of psychologists would not reconstitute psychologists as physicians or expand their scope of practice. Only state licensure law can do that. But as with the other non-physician providers already in the definition, psychologists will be able to serve Medicare beneficiaries to the full extent of their licensure. In fact, psychologists are the only doctoral-trained Medicare providers of the health care practitioners not in the physician definition. It is time to include psychologists in the physician definition.
 
From a recent discussion:

In Texas, you should be aware the LPA's have filed against TSBEP to remove the rules of supervision of LPAs and allow them to 'practice psychology indepently.' Texas already has LPCs who are able to practice and has 'School neuropsychologists' who can administer NP tests and interpret, etc within school settings. These are Master's level practitioners.


and a thought:

One critical strategy is to get the vote in Congress designating psychologists as physicians under Medicare.


Don't understand your comment... are you being facetious or are you saying having this designation would stop this encroachment. BTW, at the V.A. where I work, we have an LCSW conducting and interpreting TBI neuropsychological testing
 
From a recent discussion:

In Texas, you should be aware the LPA's have filed against TSBEP to remove the rules of supervision of LPAs and allow them to 'practice psychology indepently.' Texas already has LPCs who are able to practice and has 'School neuropsychologists' who can administer NP tests and interpret, etc within school settings. These are Master's level practitioners.


and a thought:

One critical strategy is to get the vote in Congress designating psychologists as physicians under Medicare.

We must be on the same listserve. And yes, it's a somewhat disturbing turn of events.
 
If she also has a PhD/PsyD in clinical psychology, great!

I am saying having that designation would help in the battle to stop the encroachment. Have you suggested to the psychology dept that the LCSW is behaving inappropriately?

Yes, a few psychologists have; however, she took a workshop on the Halstead-Reittan and, according to the MH chief, she is qualified
 
Look like the MH chief needs to read a bit. That's clearly not sufficient. Maybe, a link/printout of guidelines for neuropsychology. For TBI, especially, knowledge of psychometrics, effort, expected injury characteristics are critical. Could mention to MH chief that this could be reported to state regulatory boards as an ethics violation.

the liability is definitely concerning. i've seen clinical psychologists get skewered, I can't imagine an msw trying to defend their training on neuro assessment.
 
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Wow, that is crazy! I just got privs to do neuropsych/TBI assessments with the VA after 2 yrs of BS. I have been a licensed psych for 10 years, in 3 states, am RxP trained and have alot of ABI experience. An LCSW has none of this, or even a doctorate level of education.....
 
Yes, a few psychologists have; however, she took a workshop on the Halstead-Reittan and, according to the MH chief, she is qualified

What is the MH chief's rationale for how/why this qualifies her? He/She wouldn't dare suggest that if one took a weekend course in forensic assessment then they are then qualified to be a "forensic psychologist" or testify about diminished capacity in a death penalty trial. Why would neuropsychology be any different?

I really dont know what she would say about her credentials/training when one of her cases gets pulled to court, which will inevitably happen, especially with the TBI population. I would not want to be on the other side of that cross-examination, yikes!

Actually, thats another thing I would bring to the MH chiefs attention, the forensic and legal ramifications of such a practice.
 
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My lab mates and I all filled out the link and sent our letters this evening. This topic is also getting play on the national neuropsychology list-serve. :)
 
My lab mates and I all filled out the link and sent our letters this evening. This topic is also getting play on the national neuropsychology list-serve. :)



If you don't mind my asking, what are members of neuropsychology listserv saying about the bill?
 
If you don't mind my asking, what are members of neuropsychology listserv saying about the bill?

My version of the synopsis: the sentiment there seems to be pretty much the same here, that it's an important step to take to allow psychologists to better help their medicare patients.
 
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