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Washington Highlights: December 10, 2004

President Signs Omnibus Completing FY 2005 Appropriations Process

The President Dec. 8 signed the FY 2005 omnibus appropriations bill, completing the FY 2005 appropriations process. The bill, which passed both the House and Senate on Nov. 20, had been held up in the Senate until the House passed a resolution (H. Con. Res. 528) removing a controversial tax-related provision on Dec. 6.

The final spending bill includes $28.4 billion for the National Institutes of Health, an increase of 2.1 percent; $299.6 million for the Title VII health professions programs, a 1.8 percent increase; and $27.7 billion for veterans health care, an increase of 4.7 percent. For additional information on programs of interest to medical schools and teaching hospitals, see Washington Highlights, Dec. 3.

Principi Resigns, Nicholson Nominated to be VA Secretary

The White House Dec. 8 announced the resignation of Secretary of Veterans Affairs Anthony Principi, and Dec. 9 announced the nomination of Jim Nicholson as his successor. Secretary Principi, who has served as Secretary since February 2000, said, "it is now time for me to move on to fresh opportunities and different challenges." Jim Nicholson is a decorated Vietnam veteran and former chairman of the Republican National Committee. Most recently, Mr. Nicholson has served as the U.S. Ambassador to the Vatican.

OIG Issues Report on Paying for Training Residents in Nonhospital Sites

The Department of Health and Human Services Office of Inspector General (IG) Dec. 8, issued a report entitled "Alternative Medicare Payment Methodologies for the Costs of Training Medical Residents in Nonhospital Settings" (A-02-04-01012) as required by Section 713 of the Medicare Modernization Act (MMA).

The report identifies five alternative methodologies for paying the costs of training residents in nonhospital settings, but notes that each "has both positive and negative aspects." Therefore, before adopting any of the methodologies, the IG urges Congress and the Centers for Medicare and Medicaid Services (CMS) to further analyze the current financial arrangements between teaching hospitals and nonhospital settings; study the potential impact of any revisions to the current policy; and clarify the definition of "all or substantially all" of the costs associated with training residents in nonhospital settings.

In the interim, the IG recommends that CMS work with Congress to extend a current moratorium, currently set to expire on Dec. 31, which allows teaching hospitals to count for purposes of determining Medicare Direct Graduate Medical Education (DGME) and Indirect Medical Education (IME) payments osteopathic and allopathic family practice residents training in nonhospital settings without regard to the financial arrangements between the hospitals and the supervisory physicians who practice at those settings.

To undertake this study, the IG requested information on the numbers and types of residents who rotate to nonhospital settings and to rural and underserved areas from approximately 1,300 hospitals, of which 1,200 responded. IG staff also visited 63 hospitals, and as part of each visit, went to two nonhospital sites, generally one family practice program and one other type of program. In addition, IG staff met with Congressional staff, CMS, the AAMC, and other interested organizations.

The IG identified the following five alternative methodologies for consideration by Congress and CMS for paying the costs of training residents in nonhospital settings:

  1. Maintain current regulations requiring teaching hospitals to pay "all or substantially all" of the teaching cost, but clarify its definition of direct teachings costs, including the treatment of volunteer time.

  2. Determine a percentage of each teaching hospital's per resident amount that would be a proxy for the nonhospital setting's teaching and overhead costs. Hospitals would be required to pay this amount to the nonhospital setting and to continue to pay the residents' salaries and fringe benefits.

  3. Dedefine in regulation "all or substantially all" of the training costs as the residents salaries and fringe benefits and other costs as determined by each teaching hospital and nonhospital setting.

  4. Make direct payments to nonhospital sites.

  5. Make direct Medicare payments to supervisory physicians at nonhospital settings.

The IG also noted that during the visits to nonhospital sites it found "instances of noncompliance with Medicare regulations," with 21 percent of nonhospital sites lacking a written agreement with the hospital that claimed the residents.

In the Acting IG's cover letter to CMS Administrator Mark McClellan, M.D., the letter requests CMS' "final management decision, including any action plan…within 60 days."

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

NIH Reminds Institutions About Safety in rDNA Research

The National Institutes of Health (NIH) Dec. 6 issued a memorandum reminding grantee institutions of their compliance obligations for safety and oversight of research involving recombinant DNA (rDNA). The memo from Amy P. Patterson, M.D., director of NIH's Office of Biotechnology Activities, reiterates that institutions receiving any NIH funding for rDNA research must adhere to NIH guidelines, including establishing local Institutional Biosafety Committees (IBCs). Dr. Patterson notes that agency staff are planning site visits to selected institutions in 2005 to help educate the community about these requirements. "In the meantime," Dr. Patterson advises, "institutions are strongly encouraged to take stock of the portfolio of recombinant DNA research they are conducting and to verify that research projects are being registered and, as appropriate, approved by a duly-constituted [IBC]."

The memo does not mention the forthcoming role that IBCs are expected to play in the oversight of biological "dual use" research - i.e., research that potentially could be misused for terrorism or other malign purposes. In March, Health and Human Services Secretary Thompson announced the creation of a National Science Advisory Board for Biosecurity (NSABB) that will help set policies on dual use research, working with IBCs [see Washington Highlights, March 12]. The appointment of members to the NSABB has not yet been announced.

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

Stephen Heinig, Lead Science Policy Analyst
AAMC Biomedical Health Sciences Research
sheinig@aamc.org
(202) 828-0488

NIH ACD Discusses Clinical Trials and Public Trust

The National Institutes of Health (NIH) Advisory Committee to the Director (ACD) received a comprehensive set of recommendations focused on improving public trust and participation in clinical trials at its Dec. 2-3 meeting. Developed by the NIH Council of Public Representatives (COPR) from a broadly inclusive workshop held on Oct. 27, the recommendations were presented by COPR members Lawrence Sadwin, Craig Beam, and Debra Hall, Ph.D. They said that the report is intended to help improve clinical research by building trust and relationships among the patients and other stakeholders in this research. Among the recommendations, the COPR encourages NIH to plan for community involvement in its clinical research, partner with community-sanctioned organizations, and assist in developing research projects that address community needs. The public representatives noted that participants in clinical trials often are not even informed of the study's outcomes. Better communication before, during, and after a trial - including statements of thanks and appreciation for study participants - is needed. The COPR members noted that the trust of study participants depends in part on there being no conflicts of interest among researchers. ACD member R. Sanders Williams, M.D., dean of Duke University School of Medicine, and others noted that such conflicts cannot be entirely eliminated, but require mechanisms for disclosing and effectively managing them.

On other topics, the ACD approved of a concept to provide health insurance for individual post-doctoral fellows, and for NIH to identify the appropriate level of benefit. The cost of providing health benefits would be offset by relatively slight reductions in the number of post-doctoral fellowships awarded, although the ACD noted that the action would create a fiscal "ripple effect" for post docs supported on research grants or other mechanisms. Dushanka Kleinman, D.D.S., M.Sc.D., NIH assistant director for Road Map Coordination, presented a summary of NIH Roadmap activities in the first year of implementation, including establishing four national centers for biomedical computing, seven grants to develop a patient reported outcomes measurement information system, a score of interdisciplinary research exploratory centers, and the Director's Pioneer Awards, among many other accomplishments. The ACD recommended that NIH not, as some have proposed, limit Pioneer Awards to relatively new researchers, but rather blind the initial review of proposals to focus solely on innovative science.

Information
Stephen Heinig, Lead Science Policy Analyst
AAMC Biomedical Health Sciences Research
sheinig@aamc.org
(202) 828-0488