David King
Analyst · Citigroup
Yes. Thanks, Ralph. So I would start by saying that report was really quite unfortunately erroneous on multiple dimensions. So what -- if we go back to pre-PAMA, CMS -- there are automated chemistry panels that are defined by CMS that have a certain number of chemistry components. Let's just make up that you order an automated chemistry panel that has 8 components, and it bundles to a particular CPT code and price. Pre the change for PAMA, if you were 6 chemistries or 7 chemistries, that is short of the total in the panel, CMS would use bundling logic to bundle those together and pay you with the panel rate. So you actually were paid less for 6 chemistries than you would have been paid initially. That was a CMS -- that was CMS bundling logic. When PAMA was passed and went to market-based reimbursement, the market did not use that sort of bundling logic. And so what happened is PAMA -- sorry, CMS no longer bundled those panels because that is what the market does, and PAMA was supposed to be a market rate of payment. So there is no loophole. There is no labs doing anything nefarious. This is exactly what the statute told CMS to do. And the labs, and we submitted data to Sen. Grassley's office -- ACLA did, demonstrating that the labs are continuing to follow the bundling rules exactly as the bundling rules are laid out, which is that if all the components of a panel are ordered, you bundle and you build under that bundle. Furthermore, CMS has back-end logic that says if 8 chemistry tests are ordered, it bundles into the 8-chemistry test panel. So it's a little bit of a mystery to me how this has even become an issue, much less with these, as you mentioned, grossly exaggerated overpayment numbers. In fact, I think the GAO report had a potential overpayment number bigger than the entire Medicare lab spend. So this is just a -- this is a very unfortunate misunderstanding, which ACLA and the industry are educating both Congress and the GAO on. Unfortunately, it's created a distraction about the outsized and excessive impact of the PAMA cuts, which we talked about earlier, both from a Medicare perspective and now with the follow-on Medicaid. So I hope that's helpful, Ralph, and I apologize it was a little long, but I do think it's important that this be well understood as this is what the PAMA statute called for, and it's the implementation of the market-based payment rules.