There’s so much that could be done right now with the swipe of a pen to decrease cost and increase access! Great job listing some of these John!!
For all of the we’re trying crew….
Here’s What CMS and the Executive Branch Could Do Tomorrow Without Congress
a concrete list of actions CMS and HHS can take under existing authority. No bills. No committees. No “we tried.” These are decisions — and they’re all sitting on some bought off administrators desk.
1. Expand site-neutral payments.
Stop paying hospital-owned clinics more for the same service. It’s the single biggest driver of consolidation, and CMS can fix it with a pen.
2. Restrict anti-competitive physician non-competes.
CMS can condition Medicare/MA participation on fair employment terms instead of letting systems trap physicians and patients inside corporate fences.
3. Rein in prior authorization abuse.
Gold-carding, real timelines, specialty-matched reviewers, penalties for bad-faith denials — all possible now, without Congress.
4. Force Medicare Advantage transparency.
Publish denial rates, appeals, overturns, steering patterns, and utilization rules. MA has gotten away with too much because no one forces sunlight.
5. Fix Stark enforcement so it stops crushing small practices.
Clarify exceptions, stop weaponizing technical violations, and rewrite guidance that only massive systems can navigate.
6. Update practice-expense RVUs to reflect reality.
CMS controls RVU inputs. Adjusting them to match real private-practice overhead would stabilize half the physician economy.
7. Expand ASC and office-based procedure lists.
More spine, ortho, neuro, pain. Safer, cheaper, faster access. No legislative barrier.
8. Reform the audit and recoupment circus.
End extrapolated audits below defined thresholds. Require specialist reviewers. Fix recoupment timelines so small practices aren’t bankrupted by process.
9. Reduce the MIPS/MACRA administrative tax.
Simplify measures. Cut redundant documentation. Expand exemptions. CMS can do all of this with rulemaking.
10. Strengthen MA network adequacy.
Stop allowing MA plans to wall off independent physicians. Enforce real access standards and real specialist availability.
11. Expand telehealth flexibilities.
Fix originating-site rules, clean up supervision requirements, modernize modalities — low-hanging fruit.
12. Clean up enrollment and revalidation.
PECOS, site visits, and redundant documentation are pure administrative friction. CMS created these headaches; CMS can remove them.
13. Create physician-led models through CMMI (I hate CMMI, but if we’re going to spend money on it, this is the one good use of it.)
Independent specialist bundles, physician-led ACOs, and competition-friendly payment models are all within CMMI’s administrative authority.
14. Tackle corporate vertical integration that hides behind federal rules.
CMS can audit “steering,” offloading, and self-preferencing inside vertically integrated systems. They simply choose not to.
15. Enforce competitive fairness as a condition of Medicare participation.
CMS could take a harder stance on anti-competitive contracting, referral capture, and network manipulation — today.