ACS Advocacy Brief: June 30

Surgeons: Preview MIPS Final Scores by August to Ensure Your Hard Work Is Properly Valued

The Centers for Medicare & Medicaid Services (CMS) has opened the Merit-Based Incentive Payment System (MIPS) final score preview period. This new phase of MIPS allows you to preview your final score prior to the release of payment adjustment information. Final scores for 2021 determine your 2023 MIPS payment adjustment.

Clinicians and authorized representatives of practices, virtual groups, and Alternative Payment Model (APM) entities may sign into the Quality Payment Program (QPP) website to preview 2021 MIPS final scores. The final score preview is available until August when final performance feedback, including corresponding payment adjustments, is released.

The final score preview displays data associated with the highest possible final score that could be attributed to the clinician, group, or APM entity, and all the data required to calculate final scores, including:

• Performance category level (Quality, Cost, Promoting Interoperability, and Improvement Activities) scores and weights
• Bonus points
• Measure level performance data and scores
• Activity level scores

The final score preview does not include payment adjustment information or patient-level reports.

To access performance feedback and preview MIPS final scores on the QPP website, clinicians and authorized representatives of practices, virtual groups, and APM entities can sign in, click “Preview Final Score” on the home page, and select their organization.

Surgeons should sign in to preview their final scores now to ensure accuracy. If surgeons or their practice representatives believe the information displayed during the MIPS final score preview period contains any errors, contact the QPP Service Center at 1-866-288-8292 or at QPP@cms.hhs.gov.

Note: MIPS final scores could change between now and August if any issues with the scores are identified during the MIPS final score preview period.

To learn more, go to the 2021 Final Score Preview FAQ (PDF download).

HHS Updates HIPAA Compliance Guidelines for Audio-Only Telehealth Services

The US Department of Health and Human Services (HHS) on June 13 released new Health Insurance Portability and Accountability Act (HIPAA) guidance for the use of audio-only telehealth services. In response to the COVID-19 pandemic, HHS began exercising enforcement discretion in March 2022 to not penalize noncompliance with HIPAA rules in connection with the good faith provision of telehealth for the duration of the public health emergency. This updated guidance is intended to clarify how providers may furnish telehealth services while preserving the privacy and security of patients’ protected health information (PHI) once the HHS HIPAA enforcement discretion expires post-PHE.

The new guidelines state that providers rendering audio-only telehealth visits comply with HIPAA so long as providers take reasonable measures to protect PHI, including the delivery of such services in private settings when feasible and taking steps to verify the patient's identity. These rules also state that the HIPAA-required electronic data security safeguards do not apply to telemedicine conducted over a standard telephone line but do apply to appointments rendered via electronic communication platforms, such as smartphone applications, technologies that electronically record or transcribe a telehealth session, and messaging services that electronically store audio messages.

ACS Telehealth Resources

Throughout the pandemic, the ACS has gathered and developed resources on telehealth for surgeons and care teams. Visit the ACS website for more information.

In addition, read the June 2022 Bulletin of the American College of Surgeons article on how surgeons can influence state telehealth legislation, which provided a useful overview of the relationship between surgical care and telehealth.

See Candidates for 2022 SurgeonsVoice Advocate of the Year

The ACS Advocate of the Year recognition program monitors surgeon advocate participation in SurgeonsVoice activity, including responding to legislative calls to action, using tools and resources, and engaging with policymakers. Top participants also work to actively build and maintain relationships with legislators to advance ACS-supported advocacy and health policy priorities.

The 2021 Advocate of the Year, Marion C.W. Henry, MD, MPH, FACS, FAAP, was recognized at the virtual Clinical Congress during the Annual Business Meeting of Members, and the following surgeon advocates are top 2022 contenders as of June 27:

• Daniel Schaefer, MD, FACS
• Patrick Cleary, MD, FACS
• Marion Henry, MD, MPH, FACS, FAAP
• John Armstrong, MD, FACS
• James Jeng, MD, FACS
• Krista Kaups, MD, FACS
• Mark Dobbertien, MD, FACS
• William Kasper, MD, FACS
• Steven Schechter, MD, FACS
• Nancy Gantt, MD, FACS
• Alan Thorson, MD, FACS
• Deborah Kuhls, MD, FACS
• Jamal Rahaman, MD, FACS
• Michael Sutherland, MD, FACS
• Timothy Shaver, MD, FACS

For more information, visit the ACS Advocate of the Year web page. To learn more about your personal advocacy engagement, contact Courtney Eubanks, Grassroots and PAC Coordinator, at ceubanks@facs.org.

June Bulletin Article Answers Key Questions on the Power of Grassroots Advocacy

In today’s contentious political environment, it is more important than ever for healthcare experts to collectively communicate with their representatives and senators about the needs of their profession. From Medicare payment cuts to patient access to care to telehealth issues and beyond, legislators need to know about the challenges surgeons face in providing optimal care—as well as the opportunities for improvement. Surgeons can look to the ACS for guidance in their grassroots advocacy endeavors.

The June issue of the Bulletin of the American College of Surgeons featured an article that addresses key questions about your grassroots advocacy journey. Written by Katie Oehmen, ACS Manager of ACSPA-SurgeonsPAC and Grassroots, the article summarizes the importance of surgeons engaging with lawmakers, illustrates effective strategies for grassroots advocacy, and addresses frequently asked questions regarding grassroots advocacy.

Some of the frequently asked questions include:

• What is grassroots advocacy?
• Who are my elected officials, and how can I learn where my lawmaker stands on a specific issue?
• How can I find out whether the ACS is working on issues that affect me?
• Do letters and calls to congressional offices really make a difference?
• Does my member of Congress want to hear from me?
• How can I request a meeting with a congressional office?

“As evidenced by 2021 ACS-led efforts to reduce cuts to Medicare physician payment, surgeon involvement in advocacy is vital,” Oehmen notes in the article’s conclusion. “Participating in ACS advocacy and political activity is strongly encouraged and essential to maintaining a commitment to surgical patients and the communities surgeons serve.”

Read the full article and the visit the ACS Grassroots Guide web page to get started on your advocacy journey.