CAP Applauds Appeals Court Ruling on Lawsuit Over the Government’s Execution of PAMA Law

WASHINGTON, DC – The College of American Pathologists (CAP) issued the following statement after the US Court of Appeals for the District of Columbia Circuit reversed a lower court decision and remanded the case American Clinical Laboratory Association (ACLA) v. Azar that challenges the administration of the clinical laboratory service reforms under the Protecting Access to Medicare Act (PAMA). The CAP filed an amicus brief in support of ACLA’s lawsuit and appeal to correct the Department of Health and Human Services’ (HHS’) execution of reforms to Medicare’s clinical laboratory fee schedule.

“Considering congressional intent of the 2014 PAMA law, the CAP is extremely pleased with the US Court of Appeals decision that district court can and should review the arbitrary and capricious nature of the HHS’ implementation of PAMA statute, which now adversely affects millions of Medicare patients and their laboratories nationwide. The CAP urges the court to require the HHS secretary to follow congressional intent and consider the full range of laboratory pricing data, including collecting information from hospital laboratories, when setting market-based rates for clinical laboratory services. Medicare patients must have access to laboratory services that are vitally important to their diagnosis, treatment, and care.”

As the world's largest organization of board-certified pathologists and leading provider of laboratory accreditation and proficiency testing programs, the College of American Pathologists (CAP) serves patients, pathologists, and the public by fostering and advocating excellence in the practice of pathology and laboratory medicine worldwide. For more information, visit yourpathologist.org to watch pathologists at work and see the stories of the patients who trust them with their care. Read the 2018 CAP Annual Report at CAP.ORG.