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Washington Highlights: July 15, 2005

Senate Panel Restores Title VII, Boosts NIH Funding

The Senate Appropriations Committee July 14 voted to restore funding for the majority of Title VII health professions programs and to give the National Institutes of Health (NIH) a $1 billion increase over the current year's level. The committee voted to report its version of the FY 2006 Labor-HHS-Education Appropriations bill (H. R. 3010, S. Rept. 109-103). The Labor-HHS-Education Appropriations Subcommittee marked up the bill July 12. The House passed its version of the bill on June 24 [see Washington Highlights, June 24]

The Senate bill provides $298.7 million for Title VII health professions, an $820,000 (0.3 percent) increase over FY 2005. Most Title VII programs were restored to their FY 2005 funding levels. Primary care medicine and dentistry received a $1.2 million (1.3 percent) increase to $90 million, and geriatric programs were cut by $2 million (6.3 percent) to $29.5 million. The House-passed bill provides just $12 million for Centers of Excellence and $35 million for Scholarships for Disadvantaged Students, an 84 percent cut below the current funding level for Title VII. The Senate bill provides $155.7 million for Title VIII nursing education programs, a $5 million (3.3 percent) increase over FY 2005 and $5.7 million more than the House bill.

The Senate bill includes $29.415 billion for NIH, an increase of $1.050 billion (3.7 percent) over the FY 2005 appropriation and $905 million over the President's FY 2006 budget request. The House-passed bill includes $28.507 billion for NIH, an increase of $142.3 million (0.5 percent) but $3 million less than the President's request.

The Senate bill retains the salary cap on extramural grants at Executive Level I, and provides $30 million through the National Center for Research Resources for extramural facility renovation and construction, equal to the FY 2005 funding level. The House bill eliminates funding for this program. The Senate bill also includes legislative language permitting the National Institute for Allergy and Infectious Diseases for extramural construction grants for biodefense research.

For the Agency for Healthcare Research and Quality (AHRQ), the Senate bill provides $323.7 million, an increase of $5 million over the FY 2005 and House-passed levels. However, all the AHRQ funding in the Senate is transferred from other programs; the House bill directly appropriated funds to AHRQ. The Senate committee report directs AHRQ to devote $84 million of its budget to determining ways to reduce medical errors. Of this amount, $50 million is to be used to support the department's initiative to promote the development, adoption, and diffusion of information technology in health care.

In addition, the Senate bill provides $25.15 million to the Office of the National Coordinator for Health Information Technology, which is $21.1 million above FY 2005 but $29.9 million less than the House bill.

The Senate bill additionally provides $126.8 million for the National Health Service Corps, a decrease of $4.7 million (3.5 percent) from FY 2005 and the same level provided in the House bill. This decrease is the result of proposed administrative cost savings, and the number of awards is anticipated to remain the same. The bill also includes $300 million for the Children's Hospitals Graduate Medical Education program, a decrease of $730,000 (0.2 percent) from FY 2005, and the same level as the House bill.

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

House Subcommittee Approves HEA Reauthorization Bill

The House Education and the Workforce 21st Century Competitiveness Subcommittee July 14 approved, as amended, H.R. 609, the "College Access and Opportunity Act of 2005," which would reauthorize the Higher Education Act (HEA), by a party line vote of 18-15. The full Education and the Workforce Committee is expected to mark-up the bill during the week of July 18.

Specifically, H.R. 609 contains several provisions of particular interest to medical schools and teaching hospitals. The bill seeks to increase loan limits, but limits increases in subsidized loan limits to freshmen and sophomores, and to a small increase from $10,000 to $12,000 in unsubsidized loans for graduate and professional students. H.R. 609 also includes provisions shifting all Stafford loans, including consolidation loans, to a variable interest rate. Full Committee Chairman John Boehner (R-Ohio) noted that he is working on compromise legislation that would allow borrowers a choice of consolidating student loans at a fixed or a variable rate, with the rates for each based on different underlying financial instruments. Chairman Boehner stated during the mark-up that he will continue his discussions and may have a compromise to announce at the full committee mark-up. The subcommittee rejected amendments offered by Ranking Member Dale Kildee (D-Mich.) that would have retained the fixed rate option for consolidation, and capped Stafford Loan interest rates at 6.8 percent rather than the 8.25 percent included in the bill.

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

Matthew Shick, Senior Legislative Analyst
AAMC Government Relations
mshick@aamc.org
(202) 862-6116

Ways and Means Leadership Urges CMS to Address Flaws in SGR Methodology

In a July 12 letter to Centers for Medicare and Medicaid Services (CMS) Administrator Mark McClellan, M.D., Ph.D., House Ways and Means Committee Chairman Bill Thomas (R-Calif.) and Health Subcommittee Chairwoman Nancy Johnson (R-Conn.) urged "consideration of administrative changes" to the Sustainable Growth Rate (SGR) methodology used to calculate Medicare physician payments.

The letter asks Dr. McClellan to "undertake new action" to remove prescription drugs and biologic expenditures from the SGR calculation. It also urges CMS to review how it determines the costs of national coverage decisions, which are reflected in the SGR target. Reps. Thomas and Johnson are concerned that a legislative SGR fix "would be prohibitively expensive, given current interpretations of the formula." However, they suggest that an SGR fix that combines both administrative and legislative actions "could proceed."

Also in the letter, Reps. Thomas and Johnson applaud recent CMS initiatives to develop and evaluate performance-based Medicare payments. Such initiatives, they believe, "will provide us with the experience we need to design appropriate rewards for delivering quality care." Reps. Thomas and Johnson state that they look forward to working with CMS "to develop incentives for physicians to provide high-quality care to Medicare beneficiaries."

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

DoD Publishes Proposed Rule on Unauthorized Disclosure of Export Controlled Information and Technology

The Department of Defense (DoD) July 12 published in the Federal Register [70 FR 39976] its proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for preventing unauthorized disclosure of export controlled information and technology under DoD contracts. The proposed rule would add to DoD contracts with universities and medical schools language requiring, among other things, that the contractor maintain "unique badging requirements for foreign nationals and foreign persons and segregated work areas for export-controlled information and technology," with no reference to the fundamental research exemption. There is also a requirement for periodic training on export compliance controls for employees with access to controlled information and technology.

This proposed rules come on the heels of the Department of Commerce's Advance Notice on Proposed Rulemaking on deemed exports [see Washington Highlights, April 1]. The DoD proposed rule is especially ominous in its absence of reference to the fundamental research exemption and in its potential for further inhibiting the participation of foreign students and scholars at U.S. universities and medical schools. Comments on the rule are due by Sept. 12.

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