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Washington Highlights: Date

Washington Highlights

Inpatient Final Rule Addresses Resident Limits, Preliminary Year Issue

The final FY 2005 Inpatient Prospective Payment System (PPS) rule, including regulations regarding the Medicare resident limit redistribution program, was published Aug. 2 on the Centers for Medicare and Medicaid Services (CMS) Web site. The final rule, to be published in the Federal Register on Aug. 11, also clarifies CMS' policy for hospitals training residents in specialties that require a broad-based, general clinical training year (the so-called "preliminary year" issue).

The final rule provides extensive information on the 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 final rule addresses criteria to determine which hospitals will lose resident cap slots as well as sets forth the application process for hospitals seeking to increase their resident caps. With limited exception, applications to receive additional cap slots are due to CMS by Dec. 1, 2004.

The final rule also states that that the "initial residency period (IRP)" determinations for residents training in specialties requiring a first year broad-based training program, such as radiology, dermatology, and anesthesiology, will be determined by that specialty, rather than the specialty in which the resident meets the broad-based requirement, if the resident "simultaneously matches" to both programs. IRPs are used, in part, to determine Medicare direct GME payments. Under the final rule, residents who simultaneously match will receive longer IRPs since their residency durations are longer than the duration of internal medicine, which often is the residency program used to fulfill the broad-based requirement.

In other areas, the final rule:

  • Increases the standardized amounts for hospitals that submit data on 10 designated quality measures by 3.3 percent (a full market basket (MB) update). All other hospitals will receive an increase of 2.9 percent (MB- 0.4 percentage points);
  • Sets an outlier payment threshold of $25,800, down from the current threshold level of $31,000;
  • Implements new metropolitan statistical area (MSA) definitions, which affect the wage index value hospitals are assigned, and provides a one-year transition for hospitals adversely affected by changes in MSA determinations; and
  • Incorporates an "occupational mix adjustment" into the wage index determinations; and
  • Provides special payments for four new medical services and technologies.

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

COGME Recommends Expansion of Physician Workforce

After an extended discussion and some minor modifications, the Council on Graduate Medical Education (COGME) July 28 endorsed the "Physician Workforce Policy Guidelines for the U.S. for 2000 - 2020." The report concludes that the nation is likely to face a significant shortage of physicians over the next 15 years and recommends an increase in the number of new physicians being educated and trained in the US. This marks a significant change from earlier COGME reports and is the first to call for an increase in US medical school capacity. COGME also is no longer recommending that 50 percent of new physicians be in generalist specialties but rather that the distribution by specialty should be determined by marketplace demand. The report also strongly endorses the need for additional data collection and research to guide decisions on the size and mix of the physician workforce.

Using several models and a variety of assumptions, the report presents the results of alternative scenarios that would impact on future supply, demand and need. Under most scenarios the nation will be facing a shortage of physicians by 2020. The Council endorsed the following key recommendations in order to address the likely shortage:

  • Increase the number of new physicians entering the system from 24,000 to 27,000 per year with no specific target for generalists and non-generalists;
  • Expand US medical school enrollment by 3,000 (15 percent) per year by 2015;
  • Expand funding under Medicare for additional GME slots to accommodate the increase in US medical graduates;
  • Promote efforts to improve productivity, such as information systems and systems redesign;
  • Continue to study, track, and regularly assess the nation's physician workforce needs; and
  • Expand support for programs that address the geographic and specialty mal-distribution, address needs in under-served areas, and promote increased physician diversity.

The recommended increase in medical school production is not expected to meet all of the increase in demand expected by 2020; it is hoped that improvements in productivity and changes in the delivery system will help balance supply and demand. Further, the report recognizes the many uncertainties in forecasting and in the physician marketplace and therefore recommends a dynamic system to track physician workforce needs and to adjust the education and training to the nation's evolving needs.

The report was prepared by Edward Salsberg, director of the AAMC Center for Workforce Studies, and former executive director of the Center for Health Workforce Studies at the School of Public Health at the University of Albany, State University of New York (SUNY). The Health Resources and Services Administration (HRSA) expects to publish and disseminate the report in the next few months as the 16th COGME report.

A report by Rhonda Ray, Ph.D., was also approved by the Council and will be published as the 17th COGME report. The report, "Update on Minorities in Medicine," makes recommendations in three areas: strengthening the pipeline to medical school; strengthening upstream efforts in medical training; and ensuring cultural competence in medicine. Specific recommendations focus on programmatic and research efforts to increase racial and ethnic diversity in medical schools, residency programs, and across specialties. Recommendations also address programs and research to encourage more physicians to practice in underserved areas, strategies for assessing and reinforcing commitment by academic medical centers to provide care to underserved populations, and efforts to identify key cultural-competence objectives, promote cultural-competence training, and determine the connection between such training and patient outcomes.

Information:
Sunny Yoder, Director of Resident Affairs
AAMC Health Care Affairs
syoder@aamc.org
(202) 828-0497

NIH Declines March-In Petition on Norvir

The National Institutes of Health (NIH) Aug. 4 decided against a petition by patient and consumer activists to make the patented HIV-drug, Norvir (trademark for ritonavir) available for competitive manufacture and pricing. The drug's patents, held by Abbott Laboratories, grew from research funded in part by the NIH in the 1980s. Last year, Abbott raised the price of Norvir five-fold. The Bayh-Dole Act, which encourages recipients of federal research funds to patent inventions arising from that research, also permits the government to "march in" and override patent or licensing rights if the patent holder fails to make the invention available on reasonable terms, or if there is an appropriate public health interest. The petitioners, in effect, argued that the affordability of the patented drug relates to its availability at reasonable terms under Bayh-Dole.

In a summary statement that ceded no ground to the petitioners' arguments, the NIH said that neither the available information nor the statutory and regulatory framework warrant march-in against Abbott's patents. NIH agrees with views expressed by Bayh-Dole's authors, including former Sen. Birch Bayh (D-Ind.) himself at a public meeting on May 25 [see Washington Highlights, June 4], who insisted that the text of the legislation makes clear their intent that the Act indeed should not be used to control the commercial price of an invention. But recognizing public sentiment that drugs invented in part with US taxpayer funding should be sold on terms at least comparable to drug prices in other countries, the NIH put the issue back on Congress: "The issue of drug pricing has global implications and, thus, is appropriately left for Congress to address legislatively."

Information:
Stephen Heinig, Senior Research Fellow
AAMC Biomedical Health Sciences Research
sheinig@aamc.org
(202) 828-0488

OMB Revises Deficit Estimate

A "strong" economic performance during the first quarter of the year has led the Office of Management and Budget (OMB) to reduce its estimate of the FY 2004 budget deficit to $445 billion. The new estimate, which was released July 30 as part of OMB's annual "mid-session review," is $76 billion less that the $521 billion deficit projected by the Administration as part of its FY 2005 budget submission to Congress. OMB noted a 3.9 percent growth in the real gross domestic product (GDP) and stated "all indications point to further solid growth for the remainder of the year."

OMB also increased its estimates of Medicare and Medicaid spending for FY 2005 through FY 2009. For Medicare, OMB increased its estimate by more than $67 billion over its February estimate. OMB attributes the increased estimate to technical changes in the Medicare Advantage program, an increase in projected prescription drug expenditures, and updated economic assumptions, including slightly higher medical inflation.

OMB's current projection for Medicaid spending for FYs 2005-9 is $18.4 billion higher than its February estimate. OMB cites changes in economic assumptions, primarily inflationary increases and changes in GDP growth, and reestimates by the states of their Medicaid spending as factors contributing to the higher estimate. "Prescription drugs, home and community-based services, inpatient services, and managed care payments are Medicaid cost drivers that account for most of the increase over the February estimates," according to OMB.

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

AHRQ Advisory Council Addresses Agency Future; Health IT

The Agency for Healthcare Research and Quality (AHRQ) National Advisory Council (NAC) met July 30 for the second of three meetings held each year. Following an update from AHRQ Director Carolyn Clancy, M.D., NAC Chairman Arthur Garson, Jr., M.D., M.P.H., dean and vice president of the University of Virginia Medical School, led the group in a Future Vision Exercise, designed to guide the agency as it shifts its focus to implementation of evidence-based medicine and care. Council members identified what AHRQ should accomplish in the next three years in the areas of safety and quality, efficiency, and effectiveness.

In the afternoon, Helen Burstin, M.D. and Scott Young, M.D., of AHRQ presented an update of the health information technology (HIT) program, which received $50 million in FY 2004 for grants and contracts to support the development, adoption, and evaluation of HIT in a variety of health care settings, especially rural and underserved communities. AHRQ has received 527 applications for the funds. David Brailer, M.D., Ph.D., the newly appointed National Health Information Technology Coordinator, spoke about the new Department of Health and Human Services HIT framework, a ten-year plan to transform the delivery of health care by building a new health information infrastructure, including electronic health records and a network to link health records nationwide.

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