Wednesday, October 14, 2026

Handy Reference: AMA, ASCO, CAP Positions on the Awful 14-Day Rule

The 14-day rule or Date of Service rule is generally unpopular with oncologists and cancer patients and societies.   Here are some recent (2024) positions from ASCO, AMA, CAP.

The topic is found on page 22 of a 40 page summary document from AMA.

The topic is also found on pages 136-137 of the longer meeting handbook.

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2024 AMA Governing Council Report (40pp)

https://www.ama-assn.org/system/files/i24-omss-report-a.pdf

See page 22 of 40 (aka Item 18).


RESOLVED, that our American Medical Association actively lobby the federal government to readdress and change laboratory date of service rules under Medicare, e.g. the Medicare 14-Day Laboratory Date of Service Rule (Medicare 14-Day Rule), such that complex laboratory services performed on pathologic specimens collected from an inpatient hospital procedure be paid separately from inpatient bundled payments, consistent with Outpatient rules. (Directive to Take Action). 

Note this is for inpatients, as the outpatient rule as fixed in 2017.

Note the main sponsor was, ASCO.

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2024 Minutes of Reference Committee B (142pp)


See pages 136-137 (as item 225).

Opening:


2024 CAP Policy Update   11-14-2024


Elimination of Medicare 14-Day Rule

The CAP supported a resolution asking the AMA to actively lobby the federal government to readdress and change laboratory date of service rules under Medicare, eg the Medicare 14-Day Laboratory Date of Service Rule, such that complex laboratory services performed on pathologic specimens collected from an inpatient hospital procedure be paid separately from inpatient bundled payments, consistent with outpatient rules.

The CAP appreciates the improvements to Medicare’s laboratory DOS policy to date. However, these improvements did not address hospital inpatients and payment for some tests is still problematic. Regardless of the place of service, a revised DOS policy that allows the performing laboratory to bill directly for molecular pathology tests and ADLTs, rather than receiving payment from the hospital, would reduce administrative/billing complexity for hospitals, clinical laboratories, treating physicians and Medicare beneficiaries, and promote timely access to patient testing.

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Full text of Minutes, Committee B, Item 225 (seen above) p 136-137

Whereas, our American Medical Association adopted D-330.903 at I-17, which asks our AMA “actively lobby the federal government to change laboratory Date of Service rules under Medicare such that complex diagnostic laboratory services performed on pathologic specimens collected from a hospital procedure be paid separately from inpatient and outpatient bundled payments”; and

Whereas, AMA advocacy on the CY 2018 Medicare Outpatient Prospective Payment System Rule was successful in getting complex molecular testing unbundled from outpatient diagnostic procedures – such as outpatient interventional radiology biopsies; and

Whereas, the Medicare 14-Day Laboratory Date of Service Rule (Medicare 14-Day Rule) provides billing requirements for diagnostic tests ordered for Medicare patients and determines whether the clinical laboratory performing the tests will directly bill Medicare or bill the hospital where the specimen was collected; and

Whereas, the Medicare 14-Day Rule was not changed for specimens collected during an inpatient encounter, with complex molecular tests ordered within 14 days of hospital discharge continuing to be bundled into inpatient Medicare payments; and

Whereas, performing complex molecular tests on inpatient samples parallel the criteria established for unbundling testing of outpatient samples: including it being medically appropriate to have been collected during the hospital inpatient encounter, the results of the test not guiding treatment during the hospital inpatient encounter, and the test being reasonable and medically necessary for the treatment of an illness; and

Whereas, the real-world effect of an inpatient Medicare 14-Day Rule is to routinely delay the initiation, until 14 days after discharge, of complex molecular tests on pathologic samples collected during an acute hospitalization, such as cytology from an inpatient thoracentesis for a new diagnosis of lung cancer; and

Whereas, diagnostic delay of pivotal molecular data due to the inpatient Medicare 14-Day Rule causes harm to patients, such as forcing an initial round of an inferior cytotoxic chemotherapy on newly diagnosed lung cancer patients while awaiting candidacy for a more efficacious targeted agent; therefore be it

RESOLVED, that our American Medical Association actively lobby the federal government to readdress and change laboratory date of service rules under Medicare, e.g. the Medicare 14-Day Laboratory Date of Service Rule (Medicare 14-Day Rule), such that complex laboratory services performed on pathologic specimens collected from an inpatient hospital procedure be paid separately from inpatient bundled payments, consistent with Outpatient rules. (Directive to Take Action).

 

Fiscal Note: Modest – between $1,000 - $5,000 

Received: 9/24/2024 

 

REFERENCES 

1.   American Medical Association. Follow-Up on Implementation of Resolutions and Report Recommendations, AMA House of 

Delegates Interim Meeting - November 8-11, 2017. https://www.ama-assn.org/system/files/2018-11/i17-followup-status-
report_0.pdf   

2.   Centers for Medicare & Medicaid Services. Laboratory Date of Service Policy. https://www.cms.gov/medicare/payment/fee- schedules/clinical-laboratory-fee-schedule-clfs/date-service-policy    

3.   Foundation Medicine. 14-Day Rule Billing Requirements for Foundation Medicine Tests. 
https://www.foundationmedicine.com/sites/default/files/media/documents/2024-
08/14%20Day%20Medicaid%20Rule_One%20Pager_LaboratoryDateOfService_June%202024_US-PF-2200092_R4.pdf   

 

RELEVANT AMA POLICY 

Elimination of Laboratory 14-Day Rules Under Medicare D-330.903 

Our AMA will actively lobby the federal government to change laboratory Date of Service rules under 
Medicare such that complex diagnostic laboratory services performed on pathologic specimens collected  from a hospital procedure be paid separately from inpatient and outpatient bundled payments