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Government Affairs Home > Washington Highlights > June 20, 2003

Congress Begins Medicare Debate

June 20, 2003

Senate Debate Begins on the Floor

The Senate June 16 began general debate on S. 1, "The Prescription Drug and Medicare Improvement Act of 2003;" consideration of amendments began June 17. Sens. Kay Bailey Hutchison (R-Texas) and Edward Kennedy (D-Mass) are currently circulating a "Dear Colleague" letter stating they plan to offer an AAMC-supported amendment to address the current Medicare IME reduction. The Senate is expected to complete debate on S. 1 during the week of June 23.

House Committees Mark-up Legislation
The House Ways and Means and House Energy and Commerce committees June 17 began marking up the "Medicare Prescription Drug and Modernization Act of 2003" (H.R. 2473). The Ways and Means Committee June 17 passed H.R. 2473, as amended, by a vote of 25 - 15. The Energy and Commerce Committee June 19 passed H.R. 2473, as amended, by a vote of 29-20. The House may debate and vote on H.R. 2473 the week of June 23 after reconciling the differences between the two versions of the bill.

Aside from offering a voluntary prescription drug benefit, providing premium and cost-sharing subsidies to low-income seniors, and expanding plan choices, both versions of H.R. 2473 include a rural relief package for "underpaid rural hospitals, physicians, and home health." Some of the rural hospital and physician provisions include increasing the standardized amount for other urban and rural hospitals beginning in FY 2004, equalizing Medicare disproportionate share hospital payments for rural hospitals beginning in FY 2004, and designating a new essential rural hospitals classification for purposes of payment.

The following provider provisions in the two versions of H.R. 2473 are of specific interest to teaching hospitals and physicians:

  • Setting hospital inpatient updates at market basket (MB) minus 0.4 percent in FYs 2004-06;
  • Setting the conversion factor update to physician payments at no less than 1.5 percent for both FY 2004 and FY 2005. Rep. Lois Capps (D-Calif.) had offered an amednment in the Energy and Commerce Committee mark-up to increase the update to 2.5 percent, but it was defeated by voice vote due to budget constraints. During the same mark-up, Rep. Sherrod Brown (D-Ohio) offered and withdrew an amendment calling for immediate, long-term resolution of problems associated with the physician update formula. The only other payment formula-specific provision that passed was the use of a 10-year rolling average when calculating the Gross Domestic Product;
  • Freezing FY 2004-2012 updates to Medicare Direct Graduate Medical Education (DGME) payments for those hospitals with per resident limits above 140 percent of the national average. (Under current law, in FYs 2003-2005, those hospitals with per resident amounts above 140 percent of the national average would see their payments increased by market basket minus 2 percent.)
  • Redistributing the portion of a hospital's resident limit that is being "unused" to teaching hospitals seeking to increase their resident limits. Hospitals in rural and "other urban" areas would be given preference to have their resident limits increased on a first-come first-serve basis; and
  • Requiring the Medicare Payment Advisory Commission to issue a study on niche or boutique hospitals.

The base bill does not contain relief from FY 2003's Medicare Indirect Medical Education and Medicaid Disproportionate Share Hospital cuts. The AAMC supports inclusion of such relief in the House bill.

During the Ways and Means mark-up, committee members approved 39-0 an amendment by Reps. Jim Nussle (R-Iowa) and Earl Pomeroy (D-N.D.) that would decrease the labor share of the Medicare wage index from 71.1 percent to 62 percent, at a cost of $5.4 billion over 10 years. The amendment also provides a 5 percent physician bonus payment for doctors working in areas with physician shortages. In his press release, Rep. Nussle stated, "Passing an amendment so meaningful for rural health care in the urban-dominated House of Representatives should be considered a major victory."

In the Energy and Commerce Committee, members also passed, by voice vote, small Medicare demonstration programs regarding islet cell transplantations and disease management programs for patients requiring chronic care for diseases such as diabetes. During the last minutes of the mark-up, the Energy and Commerce Committee also passed, by voice vote, a Medicaid DSH relief amendment offered by Rep. Ed Whitfield (R-Ky.) that would restore approximately $230 million in allotments in FY 2004 (similar to provisions in the Senate package). Rep. Diana DeGette (D-Colo.) unsuccessfully attempted to amend the Whitfield amendment to provide total restoration of Medicaid DSH cuts implemented Oct. 1, 2002, and increase allotments for historically "low DSH" states.

Information:
Lynne Davis Boyle, Assistant Vice President
AAMC Government Relations
ldavisboyle@aamc.org
(202) 828-0526

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