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Medicare Ends Special Treatment for FDA ‘Breakthrough’ Devices This Month

Medicare ends special payments for FDA 'breakthrough' devices, closing a door opened in 2020 that now has a final list of devices grandfathered in.

By mitch·3 min read
A robotic surgical arm sits in a dimly lit hospital corridor, symbolic of the final devices grandfathered into Medicare's old payment rules.

Medicare is ending special treatment for devices carrying the FDA’s “breakthrough” label, and the change lands this month. The federal health program finalized the removal of pathways that made it easier for breakthrough-designated devices to qualify for extra payments, and the move affects everything from triage algorithms for CT scans to robotic surgery systems.

The change takes effect in October, and it closes a door that has been open since 2020. That year, breakthrough-designated devices were allowed to qualify for new technology add-on payments and transitional pass-through payments without proving they provided a substantial clinical improvement over alternatives, or that they were new. Now that pathway is gone, and new breakthrough devices will no longer be eligible for special treatment when qualifying for extra Medicare payments.

The Devices That Got Through First

More than a dozen devices are included in the latest update of STAT‘s Breakthrough Device Tracker. The tracker has captured nearly 800 devices reported to have FDA breakthrough status since 2022. The list includes:

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  • Triage algorithms for abdominal CT scans
  • Diagnostic panels for urinary tract infections
  • Thrombectomy robots

All were announced in the last month by manufacturers.

The announcements came in the last month, and the tracker’s update shows the full range of what made the cut.

What Changed, And What It Means For Payors

The shift is significant for hospitals and other health providers. Medicare pays for a large share of hospital care, and the new rules mean some technologies will no longer arrive with faster paths to reimbursement.

Payment Type Previous Status New Status
New technology add-on payments Eligible without proving substantial improvement No longer eligible
Transitional pass-through payments Eligible without proving substantial improvement No longer eligible

The change applies to both inpatient and outpatient use. In August, the Centers for Medicare and Medicaid Services finalized the removal of pathways that had made it easier for breakthrough devices to qualify for these payments.

The FDA grants breakthrough status, and the agency itself does not control Medicare’s payment rules; the agency that does is the Centers for Medicare and Medicaid Services (CMS).

The tracker and the August finalization describe the change, and the source does not offer further commentary on its effects or on the broader policy debate around breakthrough designation and Medicare payments.

Where the paper stands

The paper backs neither side here, but supports smaller government and less control over people’s lives, so it backs the idea that Medicare should not need its own special pathways for devices just because the FDA labeled them as breakthroughs. When the government picks winners through regulation, it stacks the deck against everyone else — and against the ordinary citizen who pays for it.

The change removes a carve-out that let manufacturers treat certain devices as exceptions to the usual Medicare payment standards. That carve-out was created in 2020, and now it is gone. The paper’s position is that Medicare should follow the same rules as everyone else, not build separate ones just because an agency somewhere decided a device was important enough to fast-track. The change means Medicare no longer treats those devices as exceptions, and that is the right direction even if it makes things harder for some manufacturers.

What the reader should watch for is whether this change actually ends the special treatment or simply moves it somewhere else — whether another agency or another rule steps in to fill the gap the old pathways created. The paper will keep watching to see whether the government is truly letting go of this kind of favoritism, or whether it is just hiding it behind a different name.

Source material: “STAT+: The last ‘breakthrough’ devices to get special treatment from Medicare,” STAT.

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