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Washington Highlights: Date

House Panel Gives NIH $782 Million Increase, Cuts Title VII Health Professions Funding

The House Labor, Health and Human Services, Education and Related Agencies Appropriations Subcommittee July 8 marked up its FY 2005 spending bill, including a 2.8 percent increase for the National Institutes of Health (NIH) and an 8.4 percent cut to the Title VII health professions education programs. The subcommittee passed the bill by a vote of 18 to 0 after defeating an amendment by Rep. David Obey (D-Wis.), the ranking member on the full committee, to provide additional funding for health, education, and labor programs, offset by a reduction in the tax cuts passed in 2001 and 2003 for individuals with annual incomes above $1 million.

In the Senate, Appropriations Committee Chairman Ted Stevens (R-Alaska) cancelled planned subcommittee markups of nine FY 2005 spending bills, including the Labor-HHS-Education bill, after Senate Democrats rejected the chairman's demand that they agree to time limits on floor debate on the bills before the subcommittees or full committee could consider them.

For the NIH, the subcommittee provides $28.4 billion, an increase of $782 million (2.8 percent) over FY 2004, and the same level proposed by the Administration. All institutes and centers are funded at the Administration-proposed levels. The bill allots $1.09 billion to the National Center for Research Resources (NCRR) a 7.2 percent cut caused, in part, by the elimination of funding for extramural facilities construction.

While restoring much of the funding eliminated in the president's proposed budget, the bill contains an 8.4 percent cut below the FY 2004 level for the Title VII health professions education programs. The Title VII budget provides level funding to all programs other than a 21.9 percent cut to primary care medicine and dentistry, a 63 percent cut to rural training, elimination of workforce information and analysis (funded at $722,000 last year), and a 24 percent cut to public health, preventive medicine and dental public health programs. Title VIII nursing programs receive a 3.5 percent increase. Advanced nursing education receives a 8.5 percent cut below FY 2004, while nurse education, practice and retention program, and the loan repayment and scholarship program see increases of 15.8 and 18.7 percent, respectively.

The Agency for Healthcare Research and Quality (AHRQ) is allotted $303.7 million, the same level as last year and proposed in the President's budget. All money is derived from transfers from other Public Health Service programs.

The bioterrorism hospital preparedness program administered by the Health Resources and Services Administration (HRSA) received level funding with FY 2004 in the House subcommittee bill at $542.6 million, while the funding for the Centers for Disease Control and Prevention (CDC) state bioterrorism program is boosted $130.5 million to $1.637 billion, an 8.6 percent increase. The House bill adopts the Administration's proposal for an additional $47 million for NIH to support research on nuclear and radiological medical countermeasures.

The subcommittee proposed level funding of $169.9 million for the National Health Service Corps, $35 million less than the Administration proposed. The bill also cuts the overall CDC budget by 2.2 percent to $4.48 billion. The Children's Hospital Graduate Medical Education is allocated $303.3 million in the House bill, the same level recommended in the Administration's budget and an $88,000 increase over FY 2004.

The full Appropriations Committee reportedly will consider the bill the week of July 12 and on the House floor the week of July 19.

Information:

Dave Moore, Senior Director
AAMC Government Relations
dbmoore@aamc.org
(202) 828-0525

Jonathan Fishburn, Director, Research, Education and Veterans' Legislative Affairs
AAMC Government Relations
jfishburn@aamc.org
(202) 828-0525

Erica Froyd, Director, Public Health and Research Legislative Affairs
AAMC Government Relations
efroyd@aamc.org
(202) 828-0525

HHS Publishes Proposed Rule for IRB Registration

The Office for Human Research Protections (OHRP), Office of Public Health and Science, Department of Health and Human Services (HHS), issued a notice of proposed rulemaking (NPRM) in the July 6 Federal Register [69 FR 40584] proposing to require registration of institutional review boards (IRBs) that review human subjects research conducted or supported by HHS and that are designated under an assurance of compliance approved for federal wide use by OHRP. Comments on the proposed rule are due by October 4, 2004.

The proposal grows out of the 1998 Office of the Inspector General reports and recommendations on IRBs. One of the recommendations was that IRBs should register with the federal government on a regular basis as part of an effort to develop a more coordinated means of assessing IRB performance and enhancing the government's ability to identify emerging problems. The new proposal is an expansion of the registration process put in place in December 2000, which required certain information to be included in an assurance of compliance filed with OHRP and requested other information on a voluntary basis. The proposal seeks to require submission of most of the information listed on the current IRB registration form. The Food and Drug Administration (FDA) is simultaneously proposing substantially similar requirements, and OHRP and FDA intend to operate a single registration system for HHS in which all IRBs that review human subjects research conducted or supported by HHS or clinical investigators regulated by the FDA can be registered. Though only the name and location of registered IRBs and registration numbers would be posted on the registration Web site, other information collected during the registration process would be subject to the Freedom of Information Act (FOIA), and unless protected under that act, would be available to the public upon request.

Information proposed to be required includes name, earned degree, title, specialty, affiliation, gender, telephone, fax, email, and mailing address of the senior or head official who is responsible for overseeing the IRBs, similar information on the IRB chair, and IRB roster that includes similar information about IRB members (except contact information), the approximate number of active protocols undergoing initial and continuing review, the approximate number of active protocols supported by HHS (by broad ranges), the approximate number of full time positions devoted to the IRBs administrative activities, an indication of whether or not the institution is accredited by a human subjects accrediting organization and the name of the organization (to help OHRP evaluate the extent and value or IRB accreditation). OHRP is not proposing to collect information about IRB review of research supported by agencies other than HHS.

Information:

Susan Ehringhaus, Sr. Director & Regulatory Counsel
AAMC Biomedical Health Sciences Research
sehringhaus@aamc.org
(202) 828-0543

House Members Circulate Letter Seeking CMS Solution on Volunteer Physicians

Representatives Kenny Hulshof (R-Mo.), Earl Pomeroy (D-N.D.), Greg Walden (R-Ore.), and John Tanner (D-Tenn.) are circulating for Congressional signatures a letter to Centers for Medicare and Medicaid Services (CMS) Administrator Mark McClellan, M.D., Ph.D., on the importance of volunteer physicians. The letter urges CMS to adopt a regulatory solution in the upcoming final FY 2005 hospital inpatient PPS rule to ensure that Medicare Direct Graduate Medical Education and Indirect Medical Education payments are not disqualified when teaching hospitals count residents training in non-hospital sites where supervising physicians are volunteering their time.

The letter acknowledges recent CMS rule-making and agency interpretations that are negatively impacting residency training programs in non-hospital settings. States the letter, "In fact, in direct response to CMS's policy regarding volunteer faculty, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) called for a temporary moratorium on these payment denials for family practice programs."

The letter also requests "that any clarification of the rule cover all specialty areas-not just family practice-that utilize training in non-hospital sites. Many specialties have resident rotations in rural communities and, upon residency completion, a portion of these physicians chooses to remain in rural areas and provide much-needed care to underserved populations. Finally, we urge CMS to ensure that both Congress and CMS have the opportunity to review, evaluate, and act upon the Inspector General report [on volunteer physicians] released later this year prior to any permanent changes to reimbursement policy."

Information:

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

Final SEVIS Fee Collection Rule Published

The Bureau of Immigration and Customs Enforcement of the Department of Homeland Security July 1 published in the Federal Register [69 FR 39814] a final rule, effective Sept. 1, regarding collection of the $100 fee imposed on foreign students and scholars subject to the Student and Exchange Visitor Information System (SEVIS). SEVIS is the Department's database to track foreign students (F and M visas) and exchange visitors (J visas) that enter the United States. The fee is used to cover the cost of the continued operation of the Student and Exchange Visitor Program (SEVP), including administration and maintenance of SEVIS, compliance activities, and the deployment of liaison officers.

Under the rule, students and exchange visitors will be required to present proof of payment of the fee during their visa application process; however, schools or exchange visitor sponsors may choose "to pay for some or all of their participants, as they choose." DHS will also continue to explore alternative fee payment methodologies.

Information:

Jonathan Fishburn, Director, Research, Education and Veterans' Legislative Affairs
AAMC Government Relations
jfishburn@aamc.org
(202) 828-0525