On January 7th, the 4th Circuit of the US Court of Appeals rejected Fischer et al’s appeal. The opinion gave their arguments short shrift and dismissing the case out of hand, with much discussion. As a practical matter, this exhausts the Augusta primary care physicians’ legal remedies to CMS’ and HHS’ sole source relationship with the AMA’s RUC.
There are still paths to pursue, particularly if Congress and/or the White House were to find reason to bring pressure on CMS to change either the way it determines the value of medical services, or the parameters of its relationship the RUC as an advisory organization.
More later.
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Leaders at the American Academy of Family Physicians are calling on the American Medical Association to give primary care a greater voice on the committee that recommends how much physicians should be paid for Medicare services.
