Senate Passes S.610 Bill, Averting PAYGO and Sequester Cuts From Taking Effect at the Beginning of 2022

Published in Government Relations on December 10, 2021

Yesterday, the Senate passed S.610 - Protecting Medicare and American Farmers from Sequester Cuts Act, delaying implementation of an additional 4% reduction in reimbursement for Medicare providers and suppliers as well as the 2% reduction in Medicare sequestration cuts. Congress had deferred the cuts during the COVID-19 public health emergency, but the deferral is scheduled to expire at the end of this year. S.610 extends the 2% freeze until March 31, 2022, and then reduces the freeze to 1% from April 1, 2022 to June 30, 2022.

Relief from 2% Medicare Sequester

The bill would eliminate for three months the 2% Medicare sequester cuts on hospitals and others providers that are scheduled to resume Jan. 1, 2022. In addition, the legislation would reduce the 2% sequester cut to 1% from April 1, 2022 through June 30, 2022. The package would be paid for by increasing the sequester percentage in 2030.

Halting Statutory PAYGO Sequester for 2022

The bill would stop the 4% PAYGO sequester from taking effect early next year. Any cuts mandated by a sequester order for the 2022 “PAYGO scorecard” would be delayed and added to the “2023 scorecard.” This does mean Congress will need to take action in late 2022 to eliminate these cuts. The Congressional Budget Office has estimated that a Statutory PAYGO sequester in fiscal year 2022 resulting from passage of the American Rescue Plan Act of 2021 would cause a 4% reduction in Medicare spending – or cuts of approximately $36 billion.

  • Provides a three-month delay of the Medicare sequestration reductions and a three-month, one percent reduction in Medicare sequestration payment reduction.
  • Provides a one-year increase in the Medicare physician fee schedule of 3 percent to support physicians and other health professionals in adjusting to changes in the Medicare physician fee schedule during 2022.
  • Provides a one-year delay of Medicare payment reductions to the clinical laboratory fee schedule and the private payer laboratory data reporting requirements.
  • Provides a one-year delay of the implementation of the Medicare radiation oncology model.
  • Increases funding for the Medicare Improvement Fund by $101,000,000.
  • Prevents Statutory PAYGO sequestration through 2022, preventing automatic across-the-board cuts to Medicare, farm programs, social services, student loans, resources for students and individuals with disabilities, among other programs.
  • The bill would create in law a one-time expedited process lasting through January 16, 2022, for the Senate to consider legislation increasing the debt limit by a specific dollar amount at a simple majority threshold.

Click here to view the bill summary. The bill now heads to President Biden’s desk for a signature.


TAGS

  1. covid-19
  2. medicare
  3. phe

From Our Experts

Federal Actions This Week Signal The Administration Is Doubling Down On Its Goal To Eliminate Fraud Waste And Abuse thumbnail Federal Actions This Week Signal The Administration Is Doubling Down On Its Goal To Eliminate Fraud Waste And Abuse This week, the Trump administration, through the Centers for Medicare & Medicaid Services (CMS), announced a significant deferral of federal Medicaid matching funds to Minnesota alongside the release of a new Request for Information (RFI) tied to the administration's Comprehensive Regulations to Uncover Suspicious Healthcare (CRUSH) initiative. These actions along with the changes to DMEPOS accreditation and enrollment signal the administration's aggressive posture on Medicaid and Medicare... VGM Response To CMS Moratorium On New DMEPOS Provider thumbnail VGM Response To CMS Moratorium On New DMEPOS Provider The federal moratorium on new DME suppliers presents a defining moment for us as an industry—an opportunity to demonstrate that the VGM members serving patients are the gold standard. We have long shown that our members operate with integrity, excellence in compliance, and unmatched commitment to service, efficiency, and patient outcomes. Now, we must elevate that message. Trump Administration Announces Nationwide DMEPOS Enrollment Moratorium thumbnail Trump Administration Announces Nationwide DMEPOS Enrollment Moratorium In a press release published on the CMS website Feb. 25, 2026, it was announced that CMS will implement a six-month moratorium on new enrollments for DMEPOS suppliers. Proposed LCD Changes to Impact Seat Elevation on Group 2 Non-Complex Power Wheelchair Bases thumbnail Proposed LCD Changes to Impact Seat Elevation on Group 2 Non-Complex Power Wheelchair Bases The DME Medicare Administrative Contractors (MACs) issued a proposed Local Coverage Determination (LCD) change for seat elevation use on group 2 non-complex power wheelchair bases (K0830, K0831 and K0108 on group 2 non-complex HD bases). John Quinlan Named 2026 Van G. Miller Homecare Champion thumbnail John Quinlan Named 2026 Van G. Miller Homecare Champion AAHomecare announced earlier this week that John Quinlan of Quinlan's Pharmacy in New York has been selected as the recipient of this year's Van G. Miller Award. John has been a valued VGM member for many years, and his leadership within the DMEPOS community has made a meaningful impact on patients, providers, and the industry as a whole. His commitment to quality care, patient access, and industry advocacy consistently sets him apart. Legislative Update On DMEPOS Bills – Letter To CMS Admin Dr. Oz To Delay Competitive Bidding Program thumbnail Legislative Update On DMEPOS Bills – Letter To CMS Admin Dr. Oz To Delay Competitive Bidding Program Many of you have already contacted your legislators in support of key DME legislation, including the DMEPOS Relief Act, the Choices for Increased Mobility Act, and the Supplemental Oxygen Access Reform (SOAR) Act. We now have another important issue to bring to your attention. CMS Revises Nebulizer Policy and ABN Form thumbnail CMS Revises Nebulizer Policy and ABN Form CMS has issued an update regarding revisions to the CMS Nebulizer Policy Article and guidance on the Advanced Beneficiary Notice of Noncoverage (ABN) Form. For dates of service on or after Feb. 1, 2026, suppliers must include the KX, GA, or GZ modifier to claims for the following nebulizer items: CMS Releases Updated Telehealth FAQ After Funding Bill Extends Flexibilities Through 2027 thumbnail CMS Releases Updated Telehealth FAQ After Funding Bill Extends Flexibilities Through 2027 Earlier this week, Congress extended Medicare telehealth flexibilities through Dec, 31, 2027, as part of the newly signed federal funding bill. In response, CMS has released updated Telehealth Frequently Asked Questions (FAQ) to provide clarity on what the extension means for both patients and providers.