|
Just like a spinal fusion, if human beings aren’t mindful, their thoughts can get locked into place. Or, like dynamic stabilization, they can be flexible. Take the case of a certain company that approached the Centers for Medicaid and Medicare Services (CMS) for new codes. In 2004 Applied Spine Technologies, Inc. set out to obtain codes for posterior dynamic stabilization. It would soon become clear that such an effort would be more likely to succeed by working in collaboration with other companies in the spine community.
Tom Wood, President and CEO of Applied Spine Technologies, Inc., chaired this effort, known as the Spine Reimbursement Task Force. He explains, “When we approached CMS in 2004 we invited the esteemed spine surgeon, Dr. Hansen Yuan, as well as Russ Miller, Manager of Health Economics and Reimbursement of Zimmer, to join us. Despite the impressive presentation by these two experts, CMS declined our petition for new posterior dynamic stabilization codes.”
Seeing “no” as a mere speed bump, the leaders of this effort put aside any competitive leanings and reached out to additional spine device manufacturers focused on the motion preservation space. Explains Tom Wood, “We called a number of companies, including major manufacturers, with an invitation to join the task force. To ensure transparency, we asked ADVAMED to participate in our calls and be a part of the initiative, to which they agreed. We worked with a number of consultants who had a lot of knowledge and relationships with CMS. Over a period of two years, we held meetings and conference calls and produced several important documents. We also worked collaboratively with CMS during this process.”
Adds Michele Lucey, Vice President of Regulatory Affairs and Quality Assurance for Applied Spine, “When this effort began in 2004, we at Applied Spine were concerned about being lumped in with other devices, such that the resources necessary for dynamic stabilization would be diluted. Thus, our initial idea was to proceed alone to see if we could get ICD-9 procedure codes to distinguish our product from those of others. Prior to our presentation at CMS, we sent the organization a coding request, after which time they phoned us and stated that they were not clear on the specifics of dynamic stabilization. We saw that as an opportunity to clarify how our technology was different from that of other companies. We started with an informal meeting with CMS to explain the technology, which was followed by a formal presentation by Dr. Yuan at the ICD-9 Coordination and Maintenance Committee Meeting—at that point we also reached out to Russ Miller at Zimmer to provide comment. We were encouraged by the immediate support and interest Zimmer extended.”
Continues Lucey, “After CMS decided not to go forward with assigning new codes, we decided that it made sense to reach out to other companies. We took three months to pull together a range of orthopedic companies developing products in this area. The result was a collection of 14 companies from large corporations to small startups; our first task force meeting was held in January 2005. The task force decided to expand the ICD-9 coding project to encompass other motion preservation technologies, including interspinous process spacers and facet replacement devices. When we went to CMS in 2006 with a cadre of reimbursement and motion preservation experts, our position was, ‘These are all the new technologies, here is where the holes are, these are the codes, and this is the language for the codes.’ It was very much a collaborative process, not just among companies, but also with CMS. They soon realized that if they didn’t work with us as a group, they would have to deal with us company by company and technology by technology.”
Cindy Vandenbosch, President of Strategic Reimbursement Consulting, served as an advisor to the Spine Reimbursement Task Force. She notes, “Without ICD-9 procedure codes to track hospital resource consumption, your ability to successfully commercialize may be limited as payers can make arbitrary hospital payment assignments. As is evident from this experience, it pays to be proactive in seeking out ways to acquire the codes. It was very impressive to witness the collaboration among these companies and see them make the necessary concessions in order to succeed as a group. Had the companies gone in with individual technologies, CMS would have likely denied procedure code assignment as they had done with Applied Spine previously. Companies are often told by the ICD-9 Coordination and Maintenance Committee at CMS that there are a limited number of ICD-9-CM procedure codes available, something that may become a moot point as CMS is considering switching to ICD-10 procedure codes. It’s possible that CMS felt more comfortable because this was a comprehensive effort whereby they could issue codes that would be accurate and all-encompassing in the near future. This is a first in spine. While I have seen some examples of partnering among competitors, these were major companies getting on the same page and working toward a significant common goal.”
Says Vandenbosch, “It is ideal for a company with a novel technology to track a variety of variables during the IDE trial so that when the product comes to market, the technology has clinical and charge data to justify appropriate payment. Therefore, technology assignment of an ICD-9-CM procedure code earlier in the process is extremely helpful. Otherwise the company may experience a delay in obtaining appropriate procedure payment in the hospital setting.”
In this case, it proved helpful that the charge was led by a smaller company. States Michele Lucey, “One of the key things is that Applied Spine is a start-up without a long track record in the industry. The larger players specifically expressed that this was a significant factor in their decision to participate. Had this effort been driven by a major company, I suspect things wouldn’t have gone as smoothly.”
The process wasn’t always easy, says Lucey. “As you might expect, a few individual agendas arose along the way. We had some issues getting people to agree on coding language. And there was one company member of the task force that went and got its own coding and didn’t want anything to interfere with that. We tried to make that company understand that we didn’t want to compromise their efforts, but to no avail. Overall, we just kept hammering away at collaboration until everyone agreed. One of the biggest misconceptions we had to deal with up front is the incorrect assumption that ICD-9 procedure codes are technology- or manufacturer-specific. In fact, ICD-9 codes are neither company- nor technology-specific but rather procedure-specific.”
“The significant point here is that if we did it, it can be replicated by others,” states Lucey. “The model works and proves that companies can compete on technology and collaborate on reimbursement. We are pleased that everyone’s hard work, including that of CMS, has paid off. The codes have just been implemented this month.”
Reaching out resulted in reaching a goal…amazing what can happen when individual interests are put aside.
|