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Washington Highlights: Date

House Appropriators Approve Labor-HHS Bill; Include Delay of 75 Percent Rule

The full House Appropriations Committee July 14 approved its version of the FY 2005 Labor, Health and Human Services, Education and Related Agencies Appropriations bill, including a 2.8 percent increase for the National Institutes of Health and an 8.4 percent cut to the Title VII health professions education programs. Appropriators also adopted by voice vote an amendment offered by Representatives Nita Lowey (D-N.Y.) and Zach Wamp (R-Tenn.) to delay implementation of the so-called "75 percent Rule" that would reduce Medicare payments for some rehabilitation hospitals.

The bill includes a total program level of $28.4 billion for the NIH, an increase of $782 million, the same level approved by the Labor-HHS subcommittee on July 8. The full committee also adopted the subcommittee's recommended cut of 8.4 percent to the Title VII health professions education programs, including 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 percentut to public health, preventive medicine and dental public health programs [see Washington Highlights, July 9].

The 75 percent rule amendment would prohibit the Centers for Medicare and Medicaid Services (CMS) from implementing the rule until an Institute of Medicine (IOM) study is completed on the issue. The provision mandates a study conducted by the Institute of Medicine to make recommendations to the HHS and Congress by Oct. 1, 2005, and that no funds be expended to implement the rule until nine months following the date the report is sent out by IOM.

Information:
Dave Moore, Senior Associate Vice President
AAMC Government Relations
dbmoore@aamc.org
(202) 828-0525

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

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

AAMC Submits Comment Letter on Resident Limit Redistribution and Other GME Proposals

In a July 12 letter to the Centers for Medicare and Medicaid Services (CMS), the AAMC commented extensively on key Medicare Graduate Medical Education (GME) proposals contained in the May 18 Medicare hospital inpatient annual proposed rule [69 FR 28196]. The letter encourages CMS to clarify its policy on Direct Graduate Medical Education (DGME) and Indirect Medical Education (IME) reimbursement associated with resident training at non-hospital sites that have volunteer physician supervisors. It also asks for clarification that the Medicare DGME initial residency periods for specialty programs requiring a first year general clinical year should be based on the specialty in which the resident ultimately trains, not the program that fulfills the general clinical requirement (the so-called "preliminary year" issue).

A large part of the letter is devoted to the proposed implementation process for the resident limit redistribution program, mandated by last year's Medicare Modernization Act (MMA). In brief, under this program, hospitals that are not fully "using" their Medicare resident caps will have those caps permanently reduced and the cap slots will be "redistributed" to those teaching hospitals that can demonstrate a need for them. The AAMC raised a number of issues about CMS' proposals, ranging from concerns about the criteria to determine which hospitals will lose resident cap slots to concerns about the proposed application process for hospitals seeking to increase their resident caps. The letter urges CMS to finalize a process that will be less intrusive and less administratively burdensome to teaching hospitals.

Information:
Karen Fisher, Senior Associate Vice President
AAMC Health Care Affairs
kfisher@aamc.org
(202) 862-6140

House Letter on Volunteer Physicians Draws Signatures

A letter on the importance of volunteer physicians in residency training programs at non-hospital sites, being circulated for Congressional signatures, currently has 47 signatures. The letter, led by Representatives Kenny Hulshof (R-Mo.), Earl Pomeroy (D-N.D.), Greg Walden (R-Ore.), and John Tanner (D-Tenn.), addressed to Centers for Medicare and Medicaid Services (CMS) Administrator Mark McClellan, M.D., Ph.D., 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 [see Washington Highlights, July 9].

In addition to Reps. Hulshof, Pomeroy, Tanner, and Walden, the following Members of Congress have also signed the letter: Rep. Thomas Allen (D-Maine), Doug Bereuter (R-Neb.), Judy Biggert (R-Ill.), Rick Boucher (D-Va.), Kevin Brady (R-Texas), Sherrod Brown (D-Ohio), Dennis Cardoza (D-Calif.), Donna Christiansen (D-V.I.), Robert Cramer (D-Ala.), Philip Crane (R-Ill.), Norman Dicks (D-Wash.), Lloyd Doggett (D-Texas), Calvin Dooley (D-Calif.), Vernon Ehlers (R-Mich.), Eliot Engel (D-N.Y.), John Phil Gingrey (R-Ga.), Virgil Goode (R-Va.), Gene Green (D-Texas), Ralph Hall (R-Texas), Robin Hayes (R-N.C.), Joseph Hoeffel (D-Pa.), Williams Jenkins (R-Tenn.), Christopher John (D-La.), Walter Jones (R-N.C.), Dale Kildee (D-Mich.), Ron Kind (D-Wisc.), James Leach (R-Iowa), Ron Lewis (R-Ky.), Jim Marshall (D-Ga.), Karen McCarthy (D-Mo.), Jim McDermott (D-Wash.), Jim Nussle (R-Iowa), C.L. Otter (R-Idaho), Collin Peterson (D-Minn.), Timothy Ryan (D-Ohio), Jim Ryun (R-Kan.), Max Sandlin (D-Texas), David Scott (D-Ga.), Pete Sessions (R-Texas), John Shimkus (R-Ill.), Bill Shuster (R-Pa.), Charles Stenholm (D-Texas), and Ted Strickland (D-Ohio).

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

Administration Announces Two Stem Cell Initiatives

The Bush Administration July 14 announced two new initiatives related to human embryonic stem cell research. In a letter to House Speaker Dennis Hastert (R-Ill.), Health and Human Services Secretary Tommy Thompson said that the National Institutes of Health (NIH) will create a National Embryonic Stem Cell Bank that "will consolidate many of the cell lines eligible for funding in one location, reduce the costs researchers pay for the cells, ensure uniform quality control, and further our knowledge about the cells themselves." Currently, 19 stem cell lines are in the NIH registry of lines eligible for federal funding.

The Administration also announced that NIH would create at least three new Centers of Excellence for Translational Stem Cell Research "with the goal of exploiting new discoveries in basic embryonic and stem cell biology." Secretary Thompson said that the program would be funded through $18 million in grants over four years.

Information:
Tony Mazzaschi, Senior Associate Vice President
AAMC Biomedical Health Sciences Research
tmazzaschi@aamc.org
(202) 828-0059

Baucus Continues to Press CMS for Consistent and Transparent IGT Evaluation Process

Senator Max Baucus (D-Mont.), the Ranking Minority Member on the Senate Finance Committee, sent a July 8 letter to Centers for Medicare and Medicaid Services (CMS) Administrator Mark McClellan, M.D., Ph.D., to reiterate that he remains "deeply concerned" about "the appropriateness of CMS' IGT [intergovernmental transfer] enforcement initiative." The letter was sent as a follow-up to a June 16 meeting attended by Sen. Baucus, Dr. McClellan, and Senate Finance Committee Chairman Charles Grassley (R-Iowa).

The Baucus letter expresses appreciation for Dr. McClellan's earlier claims that CMS is attempting to apply a consistent policy when evaluating State Plan Amendments (SPA) related to IGT arrangements. "However," Sen. Baucus wrote, "I am not convinced that enforcement actions initiated only when states seek SPA approvals reflect a consistently applied policy."

With regard to eliminating a state's IGT policy, the Baucus letter states that CMS' IGT transition policy "hardly seems a well-considered approach. " The letter also asked why Montana was forced to sunset its IGT arrangement by 2005, when Dr. McClellan had reported earlier that states "usually" have until 2006.

Sen. Baucus reiterated the need for new legislation, regulations, "or even written guidance to states" to assure appropriate, transparent, and consistent policy when evaluating state Medicaid programs. "I urge you," Sen. Baucus stated to Dr. McClellan, "to develop rules or a legislative proposal as soon as possible on this issue."

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

House Clears Bioshield Bill for President's Signature

The House July 14 approved the Project Bioshield Act (S. 15), readying it to be signed into law by the President. The bill passed by a vote of 414 to 2, following Senate passage May 19 [see Washington Highlights, May 21]. The legislation authorizes funds to encourage pharmaceutical and biotechnology companies to develop bioterrorism countermeasures. First proposed in the 2003 State of the Union address, Project Bioshield provides $5.6 billion over ten years. The final bill guarantees this funding cannot be diverted for other purposes, but Congress retains discretion over the program's annual appropriations, such as the $890 million approved for FY 2004.

Senators Judd Gregg (R-N.H.), Joe Lieberman (D-Conn.) and Orrin Hatch (R-Utah) are said to be working on "Bioshield II," a bill that will provide liability protections for firms creating vaccines or drugs that could cause injuries.

Information:

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