CMS Proposes Repeal of Breakthrough Device Pathway in FY 2027 Hospital Payment Rule
The most consequential element is the proposed repeal of the alternative New Technology Add‑on Payment (NTAP) pathway that has, for the past seven years, granted Medicare supplemental payments to hospitals that adopt devices bearing the FDA Breakthrough Device designation.
If the repeal passes, devices submitted for FY 2028 will have to satisfy the full, traditional NTAP criteria—newness, cost, and substantial clinical improvement (SCI)—or they will be eligible only for a pass‑through payment. The change would eliminate the presumption of SCI that has been the hallmark of the Breakthrough pathway.
The NTAP program, launched in 2001, was designed to offset the high upfront costs of pioneering medical technologies during their first three years on the market. Under the classic framework, a device must be new, exceed the Medicare Severity‑Diagnosis Related Group (MS‑DRG) payment, and demonstrate a meaningful improvement in patient outcomes.
In 2020 CMS introduced an alternative route for devices that earned FDA Breakthrough designation. By tying the SCI requirement to the FDA’s expedited review, hospitals could receive payments more rapidly while the evidence base evolved in the real world.
CMS argues that the experience with the Breakthrough pathway has revealed a pattern: many devices have been approved based on surrogate endpoints, small studies, or limited comparative data. Post‑market findings have, in some cases, called into question the magnitude of clinical benefit and cost‑effectiveness for Medicare beneficiaries. Requiring full SCI evidence, CMS says, will safeguard patients and taxpayers by ensuring that only truly superior innovations receive additional reimbursement.
Opponents warn that scrapping the alternative pathway could throttle the introduction of valuable technologies, especially in specialties like spine surgery where unmet needs and rare conditions make large randomized trials difficult. The International Society for the Advancement of Spine Surgery (ISASS) and industry groups such as AdvaMed have highlighted how the pathway has enabled timely adoption while evidence matures. Spine devices—advanced interbody cages, navigation systems, novel instrumentation—often deliver incremental yet clinically relevant gains that may not immediately meet the most stringent SCI thresholds.
CMS has rolled out several measures to cushion the impact. The FY 2027 rule keeps NTAP payments for 41 technologies, amounting to an estimated $464 million in supplemental payments, and approves new applications that meet the traditional criteria. In April 2026, CMS and the FDA jointly announced the Regulatory Alignment for Predictable and Immediate Device (RAPID) coverage pathway. RAPID aligns regulatory and coverage decisions, allowing national Medicare coverage within 60–90 days of FDA authorization for eligible breakthrough devices that address unmet needs in Medicare populations, while simultaneously supporting real‑world evidence collection through registries and pragmatic trials.
CMS is increasingly weaving post‑market data, patient‑reported outcomes, and value‑based metrics into its reimbursement calculus. The agency has advanced patient‑reported outcome performance measures in several models—including orthopedic and spine procedures—and is probing broader outcome indicators such as revision rates, length of stay, and total cost of care.
A more measured strategy would refine the technology framework instead of abolishing the alternative pathway outright. CMS could retain conditional or transitional payments tied to real‑world evidence collection, broaden value‑based metrics beyond SCI, and enhance transparency and predictability in NTAP decisions. Such steps would preserve incentives for innovation while ensuring Medicare reimbursement mirrors proven clinical benefit.
Today, CMS’s FY 2027 IPPS Proposed Rule contains the repeal of the alternative NTAP pathway, the continuation of NTAP payments for selected technologies, the launch of the RAPID program, and a heightened emphasis on real‑world evidence. Hospitals, device manufacturers, clinicians, and patient advocacy groups are watching the rule’s final adoption closely. The definitive version will appear in the Federal Register later in 2026, and CMS will issue guidance on implementing the revised NTAP criteria.