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WASHINGTON
REPRESENTATIVE:

Bill Applegate
Director of
Government Relations

Armstrong Teasdale LLP
1747 Pennsylvania Avenue, NW
Suite 300
Washington, DC 20006-4604
P: 202- 454-2864
F: 202-
393-0363
wapplegate@armstrongteasdale.com

American Society
of Transplantation
17000 Commerce Pkwy.
Mt. Laurel, NJ 08054
P: 856-439-9986
F: 856-439-9982
ast@ahint.com


 

 

 

 

 

 

 

 

  PUBLIC POLICY LIBRARY
   

May 1999 Newsletter

AST Testifies Before the House of Representatives Regarding Organ Supply Issues

On Thursday, April 15, 1999, Representative Michael Bilirakis (R-FL), Chairman of the House Commerce Subcommittee on Health, convened a hearing entitled, "Putting Patients First: Increasing Organ Supply for Transplantation." As stated by the Subcommittee, the purpose of the hearing was to allow Members of Congress, "to learn more about the problems of organ shortages and the solutions being considered in state and federal programs as the Commerce Subcommittee on Health considers reauthorizing the National Organ Transplant Act (NOTA)."

Although the hearing was limited to only two panels of witnesses, Subcommittee Chairman Michael Bilirakis invited AST President John Neylan, MD, to testify and discuss the views of the Society on these important issues. AST's testimony focused on the importance of increasing education and improved coordination among the public and private sectors to improve donation rates. In addition, Dr. Neylan also discussed specific legislative initiatives endorsed by AST, such as Congressman Elijah Cummings (D-MD) legislation, which seeks to increase the amount of leave time available to Federal employees serving as donors. AST also stressed the importance of adequate federal support for organ donation initiatives and applauded such programs as the Department of Health and Human Services' National Donor Recognition Ceremony.

The Society's testimony was very well received by members of the Subcommittee. Following the hearing, Chairman Bilirakis and his Majority Counsel Staff applauded the efforts of AST and indicated that they look forward to working closely with the Society as transplantation public policy issues continue to evolve.

Note: AST's testimony before the House Commerce Subcommittee on Health can be accessed on the public policy section of the Society's website. (http://www.a-s-t.org/pubpol.htm).

AST Asks Congress to Increase FY 2000 Funding for Transplant Research

On Thursday, April 15, 1999, AST President John Neylan, MD, traveled to Capitol Hill to testify in support of a 15 percent increase for the National Institutes of Health and to expand research in the area of transplantation. Testifying before the House Appropriations Subcommittee Chairman John Porter (R-IL), Dr. Neylan, discussed the status of transplant research and new opportunities to expand such research at the National Institute for Allergy and Infectious Diseases (NIAID); National Institute for Diabetes, Digestive, and Kidney Disease (NIDDK); and the National Heart, Lung, and Blood Institute (NHLBI). AST's testimony also discussed and stressed the importance of continued support and funding for national organ and tissue donation initiatives within the Division of Transplantation at the Health Resources and Services Administration. Dr. Neylan asked the House panel to continue its leadership and strong support of biomedical research and requested a 15 percent increase in funding for NIH as the second installment toward doubling the NIH budget by FY 2003. During his testimony, Dr. Neylan stated to the House Appropriations Subcommittee, "To truly translate the promise of scientific discovery into better health for all Americans - the President, Congress, and the American people must continue the commitment to significant, sustained growth in funding for the NIH.

Following AST's testimony, Chairman John Porter commended Dr. Neylan and the Society for its leadership in moving the field of transplantation forward. Chairman Porter stated that he is very supportive of biomedical research in the field of transplantation and would do everything that he can to support new research and advances in the field.

AST's testimony before the House Commerce Subcommittee on Health can be accessed on the public policy section of the Society's website (http://www.a-s-t.org/pubpol.htm).

AST Represents Transplant Physicians at HHS National Donor Recognition Ceremony

On Sunday, April 18, 1999, AST President, John Neylan, MD, joined Surgeon General David Satcher, MD, to recognize individuals who have given the ultimate gift……..the gift-of-life. Each year the Department of Health and Human Services (HHS) and the Health Resources and Services Administration (HRSA) convene a National Donor Recognition Ceremony to celebrate and recognize our nation's organ donors. At the request of HHS, Dr. Neylan, joined Surgeon General Satcher in providing opening remarks to a large audience of organ donors from across the country. During his remarks, Dr. Neylan commended those individuals who have given the gift-of-life and further challenged the transplant community, broadly defined, to continue to improve education and cooperation activities to increase organ donation. Dr. Neylan also discussed a recent federal report announcing that the number of organ donors increased by 5.6 percent in 1998 (the first substantial increase since 1995). With regard to federal initiatives and improvements to the current organ donation system, Dr. Neylan discussed the recent federal regulation requiring hospitals to notify their local organ procurement organization of deaths as a condition of participation (COP) within the Medicare Program. Dr. Neylan also discussed AST's support of legislative initiatives aimed at improving organ donation - such as Congressman Elijah Cummings (D-MD) bill, H.R. 457, which seeks to increase the amount of leave time available to federal employees serving as donors.

Visit the AST Annual Meeting Public Policy/Government Affairs Booth

As you may be aware, AST has been very active and successful in the public policy arena, on Capitol Hill and within the Administration, on a variety of important national policy issues impacting the field of organ transplantation. During the Society's Annual Meeting in Chicago, AST's Washington Representative team will be on hand in the “Public Policy Booth” to discuss and showcase the Society's government affairs accomplishments and activities. Please take a moment to stop by the AST Public Policy Booth to meet the Society's Washington Representatives.

In addition to providing information regarding the Society's leadership role in transplant public policy, the AST Public Policy Booth will also be providing free business card/luggage tags with the Public Policy website and contact information attached.

Stop by the booth and learn more about how you can contribute to the success of AST's Public Policy program!!

Learn How AST Advocates Important Public Policy Views to Key Decision-Makers in Our Nation's Capitol—Attend the AST Annual Meeting Public Policy Luncheon

On Tuesday, May 18, 1999, the AST Public Policy Committee and staff will sponsor a lunch (12:30pm to 2:00pm) on the "How-To" of public policy advocacy activities. The luncheon briefing will focus on how AST has supported and successfully moved forward a variety of important public policy issues within Congress and the Administration. Guest speakers include AST Public Policy member, William Harmon, MD, Senior Legislative Staff from the Office of Congressman John Porter (R-IL), Chair of the House Appropriations Subcommittee on Labor, Health and Human Services, and AST's Public Policy representatives from Washington, D.C. Check your registration packets and sign-up today! Space is limited!

AST Leaders Selected to Serve As Expert Panelists to IOM on Organ Procurement and Transplantation Study

AST President, John Neylan, MD, and Public Policy Committee member, William Harmon, MD, have been selected by the Institute of Medicine (IOM) to serve on the Expert Panel advisory group for transplantation. At present, the IOM is in the process of examining technical and policy issues surrounding the nation's current system for transplantation and the HHS's proposed regulations seeking to amend that system. As expert panelists, Dr. Neylan and Dr. Harmon will serve as a resource to the IOM Study Committee on Organ Procurement and Transplantation Policy. The IOM Committee is expected to draft and issue a report on their findings in mid-July of 1999.

Federal Report Shows Organ Donation Up 5% in '98

The Department of Health and Human Services and the United Network for Organ Sharing (UNOS) recently released figures showing organ donation increased by 5.6 percent in 1998.

According to the report, donation increases between 1997 and 1998 were substantial for Caucasians (up 6.6 percent from 4,139 to 4,410 donors) and Hispanics (up 7.8 percent from 552 to 595 donors). The number of African-American donors remained relatively unchanged at 654 donors in 1998, and the number of Asian donors decreased by 8.4 percent from 107 to 98 donors.

With regard to age, donors increased for all age ranges; but the largest increase was in donors age 60 and above (up 10.8 percent from 706 to 782). Donors age 40 to 59 increased by 9.6 percent (1,781 to 1,952). Donors age 20 to 39 increased by 2.4 percent (1,653 to 1,693) and age 0 to 19 increased only slightly by 1.6 percent (1,339 to 1,361).

Regionally, the largest increase in donations occurred in the central region of the United States. UNOS Region 10 (Michigan, Indiana and Ohio) had the largest increase at 13 percent (from 500 to 565). UNOS Region 8 (Iowa, Missouri, Nebraska, Kansas, Wyoming and Colorado) increased by 11.3 percent (from 380 to 423), and Region 4 (Oklahoma and Texas) increased by 9.1 percent (from 472 to 515).

New HCFA Claims Processing Instructions for Pancreas Transplantation

PROGRAM MEMORANDUM INTERMEDIARIES
Department of Health and Human Services
Health Care Financing Administration

Transmittal No. A-99-16 Date April 1999
CHANGE REQUEST 844

SUBJECT: New HCFA Claims Processing Instructions for Pancreas Transplantation

This Program Memorandum contains billing instructions for contractor use in processing claims for pancreas transplantation. Effective for dates of service on or after July 1, 1999, Medicare will cover pancreas transplantation when it is performed simultaneously with or after a Medicare covered kidney transplant (ICD-9-CM procedure code 55.69; HCPCS codes 50360, 50365).

Background
Pancreas transplantation is performed to induce an insulin independent, euglycemic state in diabetic patients. The procedure is generally limited to those patients with severe secondary complications of diabetes including kidney failure. However, pancreas transplantation is sometimes performed on patients with labile diabetes and hypoglycemic unawareness.

Medicare has had a policy of not covering pancreas transplantation. The Office of Health Technology Assessment performed an assessment on pancreas-kidney transplantation in 1994. They found reasonable graft survival outcomes for patients receiving either simultaneous pancreas-kidney (SPK) transplantation or pancreas after kidney (PAK) transplantation

Claims Processing Changes and Intermediary Instructions
There are no special provisions related to managed care participants. Managed care plans are required to provide all Medicare covered services. Medicare does not restrict which hospitals or physicians may perform pancreas transplantation.

Hospital Billing Instructions

• Revenue Codes/ICD-9-CM Procedure Codes
• Revenue Code-360 Operating Room Services
• Revenue Code-81X Organ Acquisition (X=1-4)

Acquisition cost will be in this revenue center for pancreas and kidney transplants. Override any claims suspended due to repetition of revenue code 81X on the same claim. Pay for acquisition costs for both kidney and pancreas organs. Do not pay for more than two organ acquisitions on a single claim.

The transplant procedure and revenue code for the operating room are paid under these codes. Procedures must be reported using the current ICD-9-CM procedure codes for pancreas and kidney transplants. Providers must place at least one of the following transplant procedure codes on the claim:

52.80 Transplant of pancreas
52.83 Heterotransplant of pancreas

HCFA Pub. 60A

* HCPCS Codes

The following HCPCS code is to be used for pancreas transplantation:

• 48554-Transplantation of pancreatic allograft. •
*Conditions of Coverage/ICD-9-CM Diagnosis Codes
One or more of the following ICD-9-CM diagnosis codes must be present:
 
• 250.0 0 Diabetes mellitus without mention of complication, type II (non-insulin dependent) (NIDDM) (adult onset) or unspecified type, not stated as uncontrolled.
• 250.0 1 Diabetes mellitus without mention of complication, type I (insulin dependent) (IDDM) (juvenile), not stated as uncontrolled.
• 250.0 2 Diabetes mellitus without mention of complication, type II (non-insulin dependent) (NIDDM) (adult onset) or unspecified type, uncontrolled.
• 250.0 3 Diabetes mellitus without mention of complication, type I (insulin dependent) (IDDM) (juvenile), uncontrolled.

NOTE: X=0-3

• 250.1X Diabetes with ketoacidosis
• 250.2X Diabetes with hyperosmolarity
• 250.3X Diabetes with coma
• 250.4X Diabetes with renal manifestations
• 250.5X Diabetes with ophthalmic manifestations
• 250.6X Diabetes with neurological manifestations
• 250.7X Diabetes with peripheral circulatory disorders
• 250.8X Diabetes with other specified manifestations
• 250.9X Diabetes with unspecified complication

Also include ICD-9-CM diagnosis code 585, Chronic renal failure, unless one of the following codes is present:

• V42.0 Organ or tissue replaced by transplant kidney
• V43.89 Organ tissue replaced by other means, kidney or pancreas

NOTE: If the pancreas transplant occurs after the kidney transplant, the 36-month period of entitlement to immunosuppressive therapy will begin with the date of discharge from the stay for pancreas transplant.

NOTE: The Common Working File will edit to ensure that a claim for kidney transplant (ICD-9- CM code 55.69) has been received prior to pancreas transplantation.

Medicare Summary Notice (MSN) and Explanation of Your Medicare Benefits (EOMB)/Remittance Messages

If a claim for simultaneous pancreas kidney transplantation or pancreas transplantation following a kidney transplant is submitted to you and is missing one of the appropriate diagnosis/procedure codes, deny the claim and use the following EOMB notice or MSN:

• EOMB 16.79, “Medicare does not pay separately for this service. You do not have to pay this amount.”
• MSN 16.32, “Medicare does not pay separately for this service.” Use the following in the Remittance Message(s):
• Claim adjustment reason code B15, “Claim/service denied/reduced because this procedure/service is not paid separately. The zero dollar amount of payment for this will signify denial rather than reduction.”

To further clarify the situation, when B15 is used for this type of denial, the intermediary should also use new claim level remark code MA 126, “Pancreas transplant not covered unless kidney transplant performed.”

These instructions should be implement within your current operating budget

Please contact your regional office for any questions regarding this Program Memorandum. Regional Offices may contact Sarah Shirey on (410) 786-0187 for clarification.

This Program Memorandum may be discarded July 1, 2000.

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