Upcoming comment period deadline for surgical pathology valuation review

On July 16, 2026, the Centers for Medicare & Medicaid Services (CMS) issued its proposed rule addressing the 2027 Physician Fee Schedule. As part of that rule, CMS listed 13 CPT codes submitted by the Maryland Health Care Commission (MHCC) as potentially misvalued. Two of those codes, 88305 and 88307, are CPT codes that are central to surgical pathology procedure billing.

The data provided by the MHCC in its submission to CMS claimed to demonstrate that the reimbursement from the surgical pathology codes is based on time estimates that were not reflective of the actual time that pathologists spent on a specimen. If CMS were to review 88305 and 88307 because of MHCC’s submission, it could result in a reduction in the reimbursement for these surgical pathology codes, due to the possibility that CMS could assign values to surgical pathology codes which do not reflect the complexities of pathology practices.

Pathologists, pathology groups, and other stakeholders should be aware of the September 14, 2026 deadline to submit comments to CMS regarding the potential review of CPT codes 88305 and 88307. Two of the leading voices for pathology and laboratory medicine, the College of American Pathologists (CAP) and the American Society for Clinical Pathology (ASCP), have been following this issue closely. CAP and ASCP are actively working together to protect both the value of the services pathology provides and the patients it serves. ASCP has specifically advocated that any potential reevaluation of 88305 and 88307 occur through established CMS processes. ASCP has also requested its members to tell CMS to retain the current physician timing and work RVUs which currently inform the 88305 and 88307 CPT codes.

Stakeholders should provide their input on the possible reevaluation of 88305 and 88307 to their connections at CAP, ASCP, or their state pathology society as soon as possible ahead of the September 14, 2026 deadline. You can learn more about the efforts of CAP and ASCP by visiting the following advocacy updates:

• CAP: https://www.cap.org/advocacy-update/the-centers-for-medicare-medicaid-services-cms-has-released-the-proposed-2027-medicare-physician-fee-schedule/
• ASCP: https://www.ascp.org/news/news-details/2026/08/10/cms-proposes-4--cut-to-cpt-88305--requests-review-of-surgical-pathology-values

McDonald Hopkins will monitor for updates on this issue. Please contact any of the attorneys listed on this page for more information.