97-29028. Medicare Program; Physician Fee Schedule Conversion Factor for Calendar Year 1998 and Sustainable Growth Rate for Fiscal Year 1998  

  • [Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
    [Notices]
    [Pages 59261-59266]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-29028]
    
    
    
    Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / 
    Notices
    
    [[Page 59261]]
    
    
    
    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Health Care Financing Administration
    [BPD-893-FN]
    RIN 0938-AI16
    
    
    Medicare Program; Physician Fee Schedule Conversion Factor for 
    Calendar Year 1998 and Sustainable Growth Rate for Fiscal Year 1998
    
    AGENCY: Health Care Financing Administration (HCFA), HHS.
    
    ACTION: Final notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This final notice announces the calendar year 1998 Medicare 
    physician fee schedule conversion factor and the fiscal year 1998 
    sustainable growth rate for expenditures for physicians' services under 
    the Medicare Supplementary Medical Insurance (Part B) program as 
    required by sections 1848(d) and (f), respectively, of the Social 
    Security Act. The 1998 Medicare physician fee schedule conversion 
    factor is $36.6873. The sustainable growth rate for fiscal year 1998 is 
    1.5 percent.
    
    EFFECTIVE DATE: The provisions in this final notice pertaining to the 
    Medicare sustainable growth rate of increase are effective October 1, 
    1997, and the provisions pertaining to the Medicare physician fee 
    schedule conversion factor are effective January 1, 1998, as provided 
    by the Medicare statute.
    
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    FOR FURTHER INFORMATION CONTACT: Ordering information: See ADDRESSES 
    section.
        Content information: Don Thompson, (410) 786-4586.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background and Summary of Legislation
    
        The following discussion contains references to the conversion 
    factor and relative value units as components of the Medicare physician 
    fee schedule. The 1998 physician fee schedule final rule, published 
    elsewhere in this Federal Register issue, explains how these factors 
    are used in determining payments under the fee schedule.
    
    A. Calendar Year 1998 Physician Fee Schedule Conversion Factor
    
        There are currently three conversion factors used in the physician 
    fee schedule: one for primary care services, one for surgical services, 
    and one for all other services. However, section 1848(d)(1)(C) of the 
    Social Security Act (the Act), as amended by section 4501 of the 
    Balanced Budget Act of 1997 (BBA 1997) (Pub. L. 105-33), enacted on 
    August 5, 1997, states that the 1998 physician fee schedule conversion 
    factor for all services ``shall be the conversion factor for primary 
    care services for 1997, increased by the Secretary's estimate of the 
    weighted average of the three separate updates that would otherwise 
    occur were it not for the enactment of . . . the Balanced Budget Act of 
    1997.''
        The conversion factor is also affected by section 
    1848(c)(2)(B)(ii)(II) of the Act, which requires that any changes to 
    the relative value units of the Medicare physician fee schedule not 
    cause expenditures to increase or decrease by more than $20 million 
    from the amount of expenditures that would have been made if such 
    adjustments had not been made. We implement this requirement through a 
    uniform budget neutrality adjustment to the conversion factor.
    
    B. Fiscal Year 1998 Medicare Sustainable Growth Rate
    
        Section 1848(f) of the Act, as amended by section 4503 of the BBA 
    1997, replaces the volume performance standard with a sustainable 
    growth rate standard. It specifies the formula for establishing yearly 
    sustainable growth rate expenditure targets for physicians' services 
    under Medicare. The use of sustainable growth rate targets is intended 
    to control the actual growth in Medicare expenditures for physicians' 
    services.
        The sustainable growth rate targets are not limits on expenditures. 
    Payments for services are not withheld if the sustainable growth rate 
    target is exceeded. Rather, the appropriate fee schedule update, as 
    specified in section 1848(d)(3)(A) of the Act, is adjusted to reflect 
    the success or failure in meeting the sustainable growth rate target.
        The amended section 1848(f)(2) of the Act now states that ``the 
    sustainable growth rate for all physicians' services for a fiscal year 
    (beginning with fiscal year 1998) shall be equal to the product of--
        (A) 1.0 plus the Secretary's estimate of the weighted-average 
    percentage increase (divided by 100) in the fees for all physicians' 
    services in the fiscal year involved,
        (B) 1.0 plus the Secretary's estimate of the percentage change 
    (divided by 100) in the average number of individuals enrolled under 
    this part (other than Medicare+Choice plan enrollees) from the previous 
    fiscal year to the fiscal year involved,
        (C) 1.0 plus the Secretary's estimate of the projected percentage 
    growth in real gross domestic product per capita (divided by 100) from 
    the previous fiscal year to the year involved, and
        (D) 1.0 plus the Secretary's estimate of the percentage change 
    (divided by 100) in expenditures for all physicians' services in the 
    fiscal year (compared with the previous fiscal year) that will result 
    from changes in law or regulations determined without taking into 
    account estimated changes in
    
    [[Page 59262]]
    
    expenditures resulting from the update adjustment factor determined 
    under subsection (d)(3)(B), minus 1 and multiplied by 100.
    
    C. Physicians' Services
    
        Because the scope of physicians' services covered by the 
    sustainable growth rate is identical to the scope of services that was 
    covered by the Medicare volume performance standards, we are using the 
    same definition of physicians' services for the sustainable growth rate 
    as we did for the Medicare volume performance standard. The November 
    22, 1996 final notice (61 FR 59717) announcing the fiscal year 1997 
    volume performance standard rates of increase contains a detailed 
    description of this scope of services.
    
    II. Provisions of This Final Notice
    
    A. Calendar Year 1998 Physician Fee Schedule Conversion Factor
    
        Under the requirements of the amended section 1848(d)(1)(C) of the 
    Act, the 1998 physician fee schedule conversion factor is $36.6873. We 
    determined this conversion factor as follows:
    
    1997 Primary care conversion factor...........................   35.7671
    Weighted average update if BBA 1997 not enacted...............     1.034
    Budget neutrality adjustment*.................................     0.992
    1998 Physician fee schedule conversion factor.................  36.6873 
                                                                            
    * This adjustment results from section 1848(c)(2)(B)(ii) of the Act and 
      is described in the 1998 physician fee schedule final rule, published 
      elsewhere in this Federal Register issue.                             
    
        Under the requirements of section 1848(d)(1)(D) of the Act, as 
    amended by section 4504 of the BBA 1997, the 1998 anesthesia conversion 
    factor is equal to 46 percent of the 1998 physician fee schedule 
    conversion factor. This calculation yields a 1998 anesthesia conversion 
    factor of $16.8762.
        The specific calculations to determine the conversion factor for 
    physicians' services for calendar year 1998 are explained in section 
    III. A. of this notice.
        The following table shows the combined effect on calendar year 1998 
    payments (relative to calendar year 1997) of the move to a single 
    conversion factor and the changes to the 1998 Medicare physician fee 
    schedule relative value units (described in the 1998 physician fee 
    schedule final rule published elsewhere in this Federal Register 
    issue).
    
             Table 1.--1998 Percent Change in Payments by Specialty*        
    ------------------------------------------------------------------------
                                        Change due                          
                                        to single    Change due    Combined 
                Specialty               conversion  to relative     change  
                                          factor    value units             
    ------------------------------------------------------------------------
    M.D./D.O. Physicians:                                                   
    Radiation Oncology...............          9.2         -0.7          8.4
        Psychiatry...................          9.0         -0.7          8.2
        Radiology....................          9.0         -0.7          8.2
        Pathology....................          9.3         -1.1          8.1
        Hematology/Oncology..........          7.1          0.8          8.0
        Neurology....................          7.9          0.0          7.9
        Pulmonary....................          8.1         -0.4          7.7
        Rheumatology.................          5.7          1.4          7.2
        Gastroenterology.............          8.5         -1.3          7.1
        Internal Medicine............          6.4          0.6          7.0
        Family Practice..............          5.0          1.3          6.4
        Cardiology...................          7.9         -1.4          6.4
        Other Physician..............          6.4         -0.2          6.2
        General Practice.............          4.7          1.2          6.0
        Nephrology...................          6.0         -1.2          4.7
        Clinics......................          4.5         -0.1          4.4
        Emergency Medicine...........          3.8         -0.6          3.2
        Anesthesiology...............          1.2          0.9          2.1
        Obstetrics/Gynecology........         -2.3          3.0          0.6
        Otolaryngology...............         -0.1          0.6          0.5
        General Surgery..............         -4.0          1.8         -2.3
        Vascular Surgery.............         -4.0          1.5         -2.6
        Urology......................         -3.3          0.4         -2.9
        Orthopedic Surgery...........         -4.8          0.8         -4.0
        Dermatology..................         -4.8          0.2         -4.6
        Plastic Surgery..............         -6.9          1.7         -5.3
        Ophthalmology................         -3.3         -2.6         -5.8
        Neurosurgery.................         -5.7         -0.2         -5.9
        Thoracic Surgery.............         -7.0         -0.2         -7.2
        Cardiac Surgery..............         -8.1         -0.7         -8.8
    Others:                                                                 
        Chiropractic.................          9.3         -0.8          8.4
        Suppliers....................          9.3         -1.0          8.2
        Optometry....................          5.7          0.1          5.8
        Nonphysician practitioners...          5.1         -0.6          4.5
        Podiatry.....................         -5.2          0.8        -4.4 
    ------------------------------------------------------------------------
    * Table reflects changes from 1997 payments due to the relative value   
      units and single conversion factor, excluding the 0.3 percent volume  
      and intensity increase associated with the single conversion factor   
      and the 0.1 percent volume and intensity increase associated with the 
      relative value unit changes.                                          
    
    
    [[Page 59263]]
    
    B. Physician Sustainable Growth Rate for Fiscal Year 1998
    
        Under the requirements in sections 1848(f)(2)(A) and (B) of the 
    Act, as amended by section 4503 of the BBA 1997, we have determined 
    that the sustainable growth rate of increase for physicians' services 
    for fiscal year 1998 is 1.5 percent.
        This determination is based on the following statutory factors:
    
    ------------------------------------------------------------------------
                                                                    Percent 
                          Statutory factors                          change 
    ------------------------------------------------------------------------
    Fees.........................................................        2.3
    Enrollment...................................................       -2.4
    Increase in Gross Domestic Product...........................        1.1
    Legislation..................................................        0.6
                                                                  ----------
    Total........................................................        1.5
    ------------------------------------------------------------------------
    
        The specific calculations to determine the sustainable growth rate 
    for physicians' services for fiscal year 1998 are explained in section 
    III. B. of this notice.
    
    III. Detail on Calculation of the Calendar Year 1998 Physician Fee 
    Schedule Conversion Factor and the Fiscal Year 1998 Sustainable Growth 
    Rate
    
    A. Physician Fee Schedule Conversion Factor
    
    1. The Weighted Average Update
        The weighted average update if the BBA 1997 had not been enacted is 
    3.4 percent. This was determined based on the Medicare Economic Index 
    (MEI) and the Medicare volume performance standard (MVPS) adjustments 
    as follows:
    
    ------------------------------------------------------------------------
                                                                    Update  
                 Service                 1998 MEI       MVPS      (prior to 
                                                     adjustment   BBA 1997) 
    ------------------------------------------------------------------------
                                                                            
    (2)[In Percent]                                                         
                                      --------------------------------------
    Primary Care.....................          2.2          5.3          7.5
    Surgical.........................          2.2          0.3          2.5
    All other........................          2.2         -0.3          1.9
    Weighted average.................  ...........  ...........          3.4
    ------------------------------------------------------------------------
    
        The MEI and the MVPS adjustments are described below.
    2. The Percentage Change in the Medicare Economic Index
        The MEI measures the weighted-average annual price change for 
    various inputs needed to produce physicians' services. The MEI is a 
    fixed-weight input price index, with an adjustment for the change in 
    economy-wide labor productivity. This index, which has 1989 base 
    weights, is comprised of two broad categories: (1) Physician's own 
    time, and (2) physician's practice expense.
        The physician's own time component represents the net income 
    portion of business receipts and primarily reflects the input of the 
    physician's own time into the production of physicians' services in 
    physicians' offices. This category consists of two subcomponents: wages 
    and salaries, and fringe benefits. These components are adjusted by the 
    10-year moving average percent change in output per man-hour for the 
    nonfarm business sector to eliminate double counting for productivity 
    growth in physicians' offices and the general economy.
        The physician's practice expense category represents the rate of 
    price growth in nonphysician inputs to the production of services in 
    physicians' offices. This category consists of wages and salaries and 
    fringe benefits for nonphysician staff and other nonlabor inputs. Like 
    physician's own time, the nonphysician staff categories are adjusted 
    for productivity using the 10-year moving average percent change in 
    output per man-hour for the nonfarm business sector. The physician's 
    practice expense component also includes the following categories of 
    nonlabor inputs: office expense, medical materials and supplies, 
    professional liability insurance, medical equipment, professional car, 
    and other expense. The table below presents a listing of the MEI cost 
    categories with associated weights and percent changes for price 
    proxies for the 1998 update. The calendar year 1998 MEI is 2.2 percent.
    
      Increase in the Medicare Economic Index Update for Calendar Year 1998 
                                       \1\                                  
    ------------------------------------------------------------------------
                                                                   CY 1998  
                                                        1989       percent  
                                                    weights \2\    changes  
    ------------------------------------------------------------------------
    Medicare Economic Index Total.................        100.0          2.2
        1. Physician's Own Time\3\ \4\............         54.2          2.5
            a. Wages and Salaries: Average hourly                           
             earnings private nonfarm, net of                               
             productivity.........................         45.3          2.8
            b. Fringe Benefits: Employment Cost                             
             Index, benefits, private nonfarm, net                          
             of productivity......................          8.8          1.2
        2. Physician's Practice Expense \3\.......         45.8          1.9
            a. Nonphysician Employee Compensation.         16.3          2.4
                1. Wages and Salaries: Employment                           
                 Cost Index, wages and salaries,                            
                 weighted by occupation, net of                             
                 productivity.....................         13.8          2.6
                2. Fringe Benefits: Employment                              
                 Cost Index, fringe benefits,                               
                 white collar, net of productivity          2.5          1.4
            b. Office Expense: Consumer Price                               
             Index for Urban Consumers (CPI-U),                             
             housing..............................         10.3          2.9
            c. Medical Materials and Supplies:                              
             Producer Price Index (PPI), ethical                            
             drugs/PPI, surgical appliances and                             
             supplies/CPI-U, medical equipment and                          
             supplies (equally weighted)..........          5.2          1.6
            d. Professional Liability Insurance:                            
             HCFA professional liability insurance                          
             survey\5\............................          4.8         -1.8
            e. Medical Equipment: PPI, medical                              
             instruments and equipment............          2.3         -0.4
            f. Other Professional Expense.........          6.9          2.5
                1. Professional Car: CPI-U,                                 
                 private transportation...........          1.4          2.3
                2. Other: CPI-U, all items less                             
                 food and energy..................          5.5          2.6
    
    [[Page 59264]]
    
                                                                            
    Addendum:                                                               
        Productivity: 10-year moving average of                             
         output per man-hour, nonfarm business                              
         sector...................................          N/A          0.8
        Physician's Own Time, not productivity                              
         adjusted.................................         54.2          3.3
            Wages and salaries, not productivity                            
             adjusted.............................         45.3          3.6
            Fringe benefits, not productivity                               
             adjusted.............................          8.8          2.0
        Nonphysician Employee Compensation, not                             
         productivity adjusted....................         16.3          3.2
            Wages and salaries, not productivity                            
             adjusted.............................         13.8          3.4
            Fringe benefits, not productivity                               
             adjusted.............................          2.5         2.2 
    ------------------------------------------------------------------------
    \1\ The rates of change are for the 12-month period ending June 30,     
      1997, which is the period used for computing the calendar year 1998   
      update. The price proxy values are based upon the latest available    
      Bureau of Labor Statistics data as of September 1997.                 
    \2\ The weights shown for the MEI components are the 1989 base-year     
      weights, which may not sum to subtotals or totals because of rounding.
      The MEI is a fixed-weight, Laspeyres-type input price index whose     
      category weights indicate the distribution of expenditures among the  
      inputs to physicians' services for calendar year 1989. To determine   
      the MEI level for a given year, the price proxy level for each        
      component is multiplied by its 1989 weight. The sum of these products 
      (weights multiplied by the price index levels) over all cost          
      categories yields the composite MEI level for a given year. The annual
      percent change in the MEI levels is an estimate of price change over  
      time for a fixed market basket of inputs to physicians' services.     
    \3\ The Physician's Own Time and Nonphysician Employee Compensation     
      category price measures include an adjustment for productivity. The   
      price measure for each category is divided by the 10-year moving      
      average of output per man-hour in the nonfarm business sector. For    
      example, the wages and salaries component of Physician's Own Time is  
      calculated by dividing the rate of growth in average hourly earnings  
      by the 10-year moving average rate of growth of output per man-hour   
      for the nonfarm business sector. Dividing one plus the decimal form of
      the percent change in the average hourly earnings (1+.036=1.036 by one
      plus the decimal form of the percent change in the 10-year moving     
      average of labor productivity (1+.008=1.008) equals one plus the      
      change in average hourly earnings net of the change in output per     
      manhour (1.036/1.008=1.028). All Physician's Own Time and Nonphysician
      Employee Compensation categories are adjusted in this way. Due to a   
      higher level of precision the computer calculated quotient may differ 
      from the quotient calculated from rounded individual percent changes. 
    \4\ The average hourly earnings proxy, the Employment Cost Index        
      proxies, as well as the CPI-U, housing and CPI-U, private             
      transportation are published in the Current Labor Statistics Section  
      of the Bureau of Labor Statistics' Monthly Labor Review. The remaining
      CPIs and PPIs in the revised index can be obtained from the Bureau of 
      Labor Statistics' CPI Detailed Report or Producer Price Indexes.      
    \5\ Derived from a HCFA survey of several major insurers (the latest    
      available historical percent change data are for calendar year 1997). 
      This is consistent with prior computations of the professional        
      liability insurance component of the MEI.                             
    n/a Productivity is factored into the MEI compensation categories as an 
      adjustment to the price variables; therefore, no explicit weight      
      exists for productivity in the MEI.                                   
    
    3. Medicare Volume Performance Standard Performance Adjustment
    
        Prior to the enactment of the BBA 1997, the update methodology set 
    forth in section 1848(d)(3)(B)(i) of the Act would have increased the 
    primary care services update by 5.3 percentage points, increased the 
    surgical services update by 0.3 percentage points, and decreased the 
    update for all other services by 0.3 percentage points. These 
    adjustments reflect the percentage increase in expenditures between 
    fiscal year 1995 and fiscal year 1996 relative to the volume 
    performance standard rates of increase for fiscal year 1996. The volume 
    performance standard rates of increase were targets for the growth in 
    Medicare expenditures for physicians' services that have subsequently 
    been replaced by the sustainable growth rates. The success or failure 
    in meeting the volume performance standard targets was taken into 
    account in determining the Medicare physician fee schedule update. The 
    update methodology prior to the enactment of the BBA 1997 is described 
    in detail in the November 22, 1996 final notice announcing the 
    physician fee schedule update for 1997 (61 FR 59717).
        The MVPS adjustments were derived as follows:
    
                                                                            
    ------------------------------------------------------------------------
                                        FY 1996       FY 1996        MVPS   
                 Service                  MVPS      increase in   adjustment
                                         target    expenditures  difference)
    ------------------------------------------------------------------------
                                                                            
    (2)[In Percent]                                                         
                                     ---------------------------------------
    Primary Care....................          9.3           4.0          5.3
    Surgical........................         -0.5          -0.8          0.3
    All other.......................          0.6           0.9         -0.3
    ------------------------------------------------------------------------
    
    B. Fiscal Year 1998 Sustainable Growth Rate
    
        Below we explain how we determined the increases for each of the 
    four factors used in determining the sustainable growth rate for fiscal 
    year 1998.
    Factor 1--Percentage Increase in Fees for Physicians' Services (Before 
    Applying Legislative Adjustments) for Fiscal Year 1998
        This factor was calculated as a weighted average of the calendar 
    year 1997 and 1998 fee increases that apply during fiscal year 1998. 
    Adjustments to the fee increases, such as the move to a single 
    conversion factor, are accounted for in Factor 4 (the increase in 
    expenditures resulting from changes in law or regulations).
        Most of the fees for physicians' services (as defined in section I. 
    C. of this notice) are updated by the MEI. However, laboratory 
    services, which
    
    [[Page 59265]]
    
    represent about 13 percent of the Medicare allowed charges for 
    physicians' services, are updated by the Consumer Price Index for Urban 
    Consumers (CPI-U). The following table, therefore, shows both the MEI 
    and CPI-U updates that were used in determining the percentage increase 
    in physicians' fees for fiscal year 1998.
    
    Medicare Economic Index and Consumer Price Index for Urban Consumers for
                          Calendar Years 1997 and 1998                      
    ------------------------------------------------------------------------
                                                              1997     1998 
    ------------------------------------------------------------------------
    MEI...................................................      2.0      2.2
    CPI-U.................................................      2.7      3.0
    ------------------------------------------------------------------------
    
        After taking into account all the elements described above, we 
    estimate that the weighted-average increase in fees for physicians' 
    services in fiscal year 1998 before applying any legislative 
    adjustments will be 2.3 percent for all physicians' services.
    Factor 2--The Percentage Change in the Average Number of Part B 
    Enrollees from Fiscal Year 1997 to Fiscal Year 1998
        Due to the rapid growth in Medicare+Choice plan enrollees (whose 
    Medicare-covered medical care is outside the scope of the sustainable 
    growth rate), we estimate that the average number of Medicare Part B 
    enrollees excluding those in Medicare+Choice plans will decline by 2.4 
    percent. This was derived as follows:
    
    ----------------------------------------------------------------------------------------------------------------
                                                                             Average Medicare Part B enrollment (in 
                                                                                           millions)                
                                                                          ------------------------------------------
                                                                                                         Overall    
                                                                             Overall      Medicare      excluding   
                                                                                          +Choice*   Medicare+Choice
    ----------------------------------------------------------------------------------------------------------------
    FY 1997..............................................................       36.384        4.461         31.923  
    FY 1998..............................................................       36.775        5.627         31.148  
        Percent change...................................................  ...........  ...........          -2.4%  
    ----------------------------------------------------------------------------------------------------------------
    * Because the Medicare+Choice program does not begin until 1998, the 1997 Medicare+Choice enrollment was proxied
      by the risk health maintenance organization enrollment.                                                       
    
        Differences between projected and actual enrollment will be 
    adjusted for in subsequent years.
    Factor 3--Estimated Real Gross Domestic Product Per Capita Growth in 
    Fiscal Year 1998
        In calculating the sustainable growth rate, section 1848(f)(2)(C) 
    of the Act, as amended by section 4503 of the BBA 1997, requires the 
    Secretary to project real gross domestic product per capita growth for 
    the coming fiscal year. We estimate that this growth will be 1.1 
    percent in fiscal year 1998.
        Differences between projected and actual real gross domestic 
    product per capita growth will be adjusted for in subsequent years.
    Factor 4--Percentage Increase in Expenditures for Physicians' Services 
    Resulting from Changes in Law or Regulations in Fiscal Year 1998 
    Compared with Fiscal Year 1997
        Legislative changes contained in the BBA 1997 will impact 
    expenditures for physicians' services in fiscal year 1998. Although the 
    move to a single conversion factor for the Medicare physician fee 
    schedule will cause the payments for surgical services to decline, it 
    will increase the payments for nonsurgical services sufficiently to 
    cause an overall increase in expenditures for fiscal year 1998 relative 
    to fiscal year 1997. The Medicare coverage changes for screening 
    mammography, colorectal cancer screening, screening PAP smears, and 
    screening pelvic exams will cause increases in Medicare expenditures. 
    The changes in payments for nurse practitioners, clinical nurse 
    specialists, and physician assistants will also increase expenditures. 
    Medicare to be secondary payer and the provisions relating to payments 
    for laboratory services will cause reductions in Medicare expenditures.
        In response to the fee changes associated with implementation of 
    the 1998 physician fee schedule, we anticipate that the volume and 
    intensity of physician services provided to Medicare beneficiaries will 
    increase by 0.1 percent. In order to prevent an increase in 
    expenditures as a result of this volume and intensity response, an 
    offsetting 0.1 percent reduction is made to the conversion factor. 
    Because we incorporate both the volume and intensity response and the 
    offsetting conversion factor reduction into the sustainable growth rate 
    target, if the volume and intensity response does not occur, the 
    sustainable growth rate system returns the offsetting reduction to the 
    conversion factor in form of higher future updates to the Medicare 
    physician fee schedule.
        After taking into account all the BBA 1997 provisions, the increase 
    in expenditures for physician services due to changes in law or 
    regulations is estimated to be 0.6 percent.
    
    IV. Inapplicability of a Notice and Comment Procedure and of a 30-Day 
    Delay in Effective Date
    
        We find good cause to waive notice and comment procedure for this 
    final notice. It is an interpretive rule because section 1848 of the 
    Social Security Act, as amended by sections 4501 and 4503 of the BBA 
    1997, sets out in detail the factors and procedures necessary to 
    calculate the conversion factor for calendar year 1998 and the 
    sustainable growth rate of increase for fiscal year 1998. As required 
    by the statute, section I. A. of this notice discusses the replacement 
    of the three conversion factors that are currently used under the 
    physician fee schedule with a single conversion factor, and the method 
    used to determine the conversion factor for calendar year 1998. Section 
    I. B. of this notice discusses the replacement of the volume 
    performance standard with the sustainable growth rate of increase, and 
    the formula for establishing the fiscal year 1998 sustainable growth 
    rate target for physicians' services under Medicare. Therefore, it 
    would be impracticable and unnecessary to submit this notice to the 
    public for a notice and comment procedure.
        We usually provide a delay of 30 days in the effective date for 
    final Federal Register documents. In this case, however, the 
    sustainable growth rates of increase are required by law to be 
    published by November 1, 1997 and are effective on October 1, 1997. 
    Thus, the
    
    [[Page 59266]]
    
    Congress has clearly indicated its intent that the rates of increase be 
    implemented without the usual 30-day delay in the effective date and 
    has foreclosed any discretion by us in this matter. Therefore, the 
    requirement for a 30-day delay in the effective date does not apply to 
    this notice. With regard to the physician fee schedule conversion 
    factor, the effective date will be January 1, 1998, which exceeds the 
    30-day requirement for the publication of this notice.
    
    V. Regulatory Impact Statement
    
        We generally prepare a regulatory flexibility analysis that is 
    consistent with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
    through 612) unless the Secretary certifies that a notice will not have 
    a significant economic impact on a substantial number of small 
    entities. For purposes of the RFA, States and individuals are not 
    entities, but we consider all physicians to be small entities.
        We are not preparing a regulatory flexibility analysis since we 
    have determined, and the Secretary certifies, that this notice will not 
    have a significant economic impact on a substantial number of small 
    entities.
        Also, section 1102(b) of the Act requires the Secretary to prepare 
    a regulatory impact analysis if a notice may have a significant impact 
    on the operations of a substantial number of small rural hospitals. 
    This analysis must conform to the provisions of section 604 of the RFA. 
    For purposes of section 1102(b) of the Act, we define a small rural 
    hospital as a hospital that is located outside of a Metropolitan 
    Statistical Area and has fewer than 50 beds.
        We are not preparing a rural impact analysis since we have 
    determined, and the Secretary certifies, that this notice will not have 
    a significant impact on the operations of a substantial number of small 
    rural hospitals.
        In accordance with the provisions of Executive Order 12866, this 
    notice was reviewed by the Office of Management and Budget.
    
    (Sections 1848(d) and (f) of the Social Security Act) (42 U.S.C. 
    1395w-4(d) and (f))
    
    (Catalog of Federal Domestic Assistance Program No. 93.774, 
    Medicare--Supplementary Medical Insurance Program)
    
        Dated: October 27, 1997.
    Nancy-Ann Min DeParle,
    Deputy Administrator, Health Care Financing Administration.
    
        Dated: October 28, 1997.
    Donna E. Shalala,
    Secretary.
    [FR Doc. 97-29028 Filed 10-30-97; 8:45 am]
    BILLING CODE 4120-01-P
    
    
    

Document Information

Effective Date:
10/1/1997
Published:
10/31/1997
Department:
Health Care Finance Administration
Entry Type:
Notice
Action:
Final notice.
Document Number:
97-29028
Dates:
The provisions in this final notice pertaining to the Medicare sustainable growth rate of increase are effective October 1, 1997, and the provisions pertaining to the Medicare physician fee schedule conversion factor are effective January 1, 1998, as provided by the Medicare statute.
Pages:
59261-59266 (6 pages)
Docket Numbers:
BPD-893-FN
RINs:
0938-AI16: Medicare Program; Physician Fee Schedule Update for Calendar Year 1998 and Physician Volume Performance Standard Rates of Increase For Federal Fiscal Year 1998 (BPD-893-FN)
RIN Links:
https://www.federalregister.gov/regulations/0938-AI16/medicare-program-physician-fee-schedule-update-for-calendar-year-1998-and-physician-volume-performan
PDF File:
97-29028.pdf