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Government Affairs Home > Washington Highlights > November 22, 2002

Physician Payment Relief Efforts Die in the Senate

November 22, 2002-Senate Finance Committee Chairman Max Baucus (D-Mont.) Nov. 19 announced his opposition to House-passed legislation (H.R. 5063) that included a Medicare physician payment provision, arguing that the legislation did not grant the Bush Administration explicit authority to fix errors in the physician payment sustainable growth rate (SGR). The provision would have protected the Centers for Medicare and Medicaid (CMS) from lawsuits that might result from administrative corrections to the physician payment SGR. The Senate adjourned on Nov. 20 without addressing H.R. 5063.

Calling the legislation 'budget gimmickry and ineffective legal language,' Baucus in a prepared statement urged his colleagues to join in opposing H.R. 5063. Baucus remarked that either "games are being played with legislative language and administrative authority… or physicians are being sold a bill of goods that they should not count on to fix their problem."

Baucus' announcement stems from a Nov. 15 letter cosigned with Finance Committee Ranking Minority Member Charles Grassley (R-Iowa), which was sent to Health and Human Services (HHS) Secretary Tommy Thompson, CMS Administrator Thomas Scully, HHS General Counsel, and the Assistant Attorney General (Civil Division). In the letter, Sens. Baucus and Grassley dispute claims by some House members that the physician payment provision in H.R. 5063 would not require additional spending by Congress. They indicated that the Congressional Budget Office (CBO) estimated a cost of approximately $43 billion over 10 years. Senate Budget Committee Chairman Kent Conrad (D-N.D.) had requested a similar cost estimate from CBO.

In his prepared statement, Sen. Baucus pointed out that the 10-year cost of the physician fix in H.R. 5063 is "roughly the same" as the broad-based Medicare package he and Sen. Grassley introduced in October (S. 3018). The bipartisan S. 3018 included relief for physicians, hospitals, rural providers, and states, as well as other groups.

Information:
Christiane Mitchell, Senior Legislative Affairs Manager
AAMC Government Relations
cmitchell@aamc.org
(202) 828-0526

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