On October 21, 2009, the US Senate was unable to obtain the 60 votes necessary to invoke cloture to vote on S 1776, the Medicare Physicians Fairness Act of 2009. The motion failed on a vote of 47-53. The 12 Senate Democrats who joined the 40 Republicans to vote against the motion were Senators Evan Bayh (IN), Robert Byrd (WV), Kent Conrad (ND), Byron Dorgan (ND), Russ Feingold (WI), Herb Kohl (WI), Claire McCaskill (MO), Bill Nelson (FL), Jon Tester (MT), Mark Warner (VA), Jim Webb (VA), and Ron Wyden (OR). Independent Senator Joseph Lieberman (CT) also voted against the motion. See how your Senators voted.
The legislation, introduced by Senator Debbie Stabenow (D-MI), would have permanently repealed Medicare's sustainable growth rate (SGR) formula and established current funding as the new baseline for physician payments. By eliminating the $246 billion of accumulated SGR debt, S 1776 would have set a foundation for establishing a more rational Medicare physician payment system in subsequent legislation.
The principal argument made against S 1776 was that the bill was not offset by spending cuts or revenue increases, adding further to the federal deficit. Not pleased that the legislation was not being held to the same "pay-go," budget-neutral standard as health reform legislation, several Senators have been urging for another temporary 1- or 2-year patch to prevent scheduled cuts. However, past experience has demonstrated that temporary fixes not only make subsequent cuts steeper, but also increase the cost of a permanent solution.
The ACCP continues to believe that the most responsible course is to permanently repeal the SGR. Accordingly, the College will continue its advocacy efforts for a permanent repeal of the SGR formula this year.
The ACCP thanks its numerous members who called and e-mailed their Senators urging them to support S 1776 since the bill was unveiled last week. The College also thanks Senator Stabenow for her unfailing support for patients and physicians, as well as the Senators who supported her legislation.