NATA Sues to Set Aside CMS Decision
The lawsuit, filed in U.S. District Court in
While the suit seeks to set aside CMS’ new rule, it goes a step further by asking that CMS be required to specify that athletic trainers and other allied health professionals are authorized to provide therapy incident to a physician’s services.
“We will defend our members’ right to practice athletic training to whatever degree we have to, and in this case that means moving forward with legal action,” said NATA President Chuck Kimmel, ATC. “CMS made an arbitrary decision that negatively impacts our members. We don’t agree with it, and this is our recourse. It’s the right thing to do.”
The lawsuit stems from a recent decision by CMS to no longer pay for therapy incident to a physician’s services unless the provider is a physical therapist, occupational therapist or speech/language pathologist. Under this new rule, doctors would not be able to bill Medicare for treatment provided by athletic trainers. CMS issued a manual May 6, 2005, publicizing its new rule, which would then become effective June 6, 2005.
CMS’ new rule puts hundreds of certified athletic trainers’ jobs in jeopardy. Some have already lost their jobs or been demoted, and the potential impact would harm every athletic trainer regardless of practice setting.
“This isn’t just about ATCs who are practicing as physician extenders,” said District Four Director Marjorie Albohm, MS, ATC. “This is about every athletic trainer, because the rule incorrectly implies that athletic trainers are not trained to provide rehabilitation services. That will affect every ATC in every practice setting, and if that’s not overturned, it will be used against us as we go forward.”
In addition to causing immediate harm to athletic trainers, the CMS rule contradicts both Congressional intent and long-standing Medicare policy, but it offers no reasons for doing so. The new rule also makes it harder for the public to get medical care because it shrinks the pool of qualified personnel who can provide therapy services.
NATA has tried for months to dissuade CMS from implementing the new rule, using lobbying and grassroots efforts. These initiatives will continue while the lawsuit is pending.
The NATA Board of Directors decided unanimously to sue CMS during its recent board meeting in
“We have built a war chest over the years to put us in a position now that we can fight these battles and do what we have to do to make sure our profession moves forward and we bring the best possible care to the public,” Kimmel said. “We are standing up for ourselves. We are standing up for our members. That’s why they join the association – because collectively we can tackle the issues that none of us could tackle alone.”
Albohm and Kimmel both advise members to learn as much about the CMS issue and NATA’s lawsuit as possible in order to discuss it calmly and intelligently.
“Because this is a national issue, there are ways to make sure it doesn’t interfere in your working relationships with other allied health care providers,” she said. “You don’t have to make it a personal issue. Be able to clearly articulate our position so that in discussions with colleagues it’s not a battle – it’s an opportunity to educate people.
“That might take us out of our comfort zone a little, since athletic trainers traditionally are the good guys, the peacemakers,” Albohm added. “Because the stakes are so high now, the time has come to stand up for our profession.”
Kimmel agreed.
“This is not about us versus any other profession,” he said. “I think certified athletic trainers working beside physical therapists can say that we’re not looking to restrict a PT’s right to practice and to do the work they are educated and licensed to do. We are only looking for the same right for athletic trainers.”
CALL TO ACTION
What can you do? Grassroots action from EVERY setting is crucial to making our voice heard. Your Senators and Representatives need to hear from you as soon as possible to help stop CMS from moving forward with implementing this Final Rule on June 6.
Go to NATA’s Web-based
Please take time to sign up for the Action E-List at the bottom left-hand of the page by simply checking that box.
Thank you for taking the time to contact your legislators. Your participation is key!
NEED HELP?
If your job has been or might be negatively affected by this CMS decision, please contact the NATA External Affairs Department at 1.800.879.6282.
May 27, 2005