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Washington Highlights: October 21, 2005

Senator Grassley Releases Budget Reconciliation Proposal

Senate Finance Committee Chair Charles Grassley (R-Iowa) Oct. 20 released his reconciliation proposal that nets $10 billion in savings over 5 years from the Medicare and Medicaid programs. The mark includes a number of Medicare spending proposals that would benefit hospitals and physicians, such as a 1 percent update to Medicare physician payments in 2006, a permanent moratorium on limited service hospitals, and a delay on the "75 percent rehab" rule. While the majority of the Medicaid savings proposals do not directly impact hospitals and physicians, half of the Medicare savings are attributed to the implementation of a Medicare value-based purchasing program for providers. The Senate Finance Committee is expected to mark up the proposal Oct. 24.

Medicaid - The Grassley proposal would net a $4.3 billion reduction over 5 years to the Medicaid program through $7.5 billion in cuts and $3.3 billion in spending. Included in the proposed program cuts are:

  • prescription drug reimbursement reforms (minus $4.5 billion over 5 years);

  • restrictions on asset transfers related to long-term care benefits (minus $305 million over 5 years); and

  • additional fraud and abuse efforts, including the development of state False Claims Acts and the establishment of a Medicaid Integrity Program within HHS (minus $512 million over 5 years).

Proposals that would increase Medicaid and State Children's Health Insurance Program (SCHIP) spending include, but are not limited to:

  • providing 100 percent federal matching assistance for patient care provided to Katrina victims that are Medicaid beneficiaries ($1.9 billion over 5 years);

  • allowing states the option to extend Medicaid to disabled children of families whose income is at or below 300 percent of the poverty level ($834 million over 5 years);

  • "program improvements" to address SCHIP program shortfalls such as redistributing unspent SCHIP allotments;

  • prohibiting HHS approval of Section 1115 waivers that use SCHIP funding to cover non-pregnant childless adults; and

  • allowing states a portion of their SCHIP allotments for outreach activities to increase enrollment and coordinate with other public and private health insurance programs.

Medicare - The Grassley mark would net $5.8 billion in spending cuts over 5 years to the Medicare program through reductions of $18.6 billion and $12.8 billion in Medicare spending. The two major areas of spending cuts are $11.4 billion in reductions over 5 years to the Medicare Advantage program and $4.5 billion in savings over 5 years associated with reducing Medicare provider payments to create a quality pool to reward providers who meet quality thresholds and attainment as determined by the Secretary.

Key Medicare spending proposals that would affect providers include:

  • a one-year Medicare physician payment update of 1 percent, which averts the projected negative 4.4 percent physician update in Calendar Year (CY) 2006 ($10.8 billion over 5 years);

  • a two-year freeze of the implementation of the "75% Rehabilitation Rule" ($105 million over 5 years); and

  • a one-year extension of the outpatient therapy caps ($710 million over 5 years).

The mark also includes two proposals that would provide additional funding to rural hospitals ($184 million over 5 years).

Pay for Performance, Limited Service Hospitals - Beginning in FY 2007, for hospitals not reporting quality data, their Medicare market basket would be reduced by 2 percent. Hospitals would be eligible for quality payments based on certain thresholds of quality performance or quality improvement, as determined by the Secretary. The quality payment pool would be funded through a reduction in the amount of money dedicated to outlier payments. From FY 2007 to FY 2011, the amount of money dedicated to the outlier pool would decrease as the quality payment pool would increases. The money would be taken out of the outlier pool beginning in FY 2007 and paid to hospitals in beginning 2008, resulting in a continuous one-year lag in quality payments.

Physicians would see a two-phase system. Beginning in 2007 and thereafter, physicians would be required to report quality data. Those physicians who do not submit required data would receive an update to the conversion factor minus two percentage points. Beginning in 2009, a quality payment pool for physicians would be created by a phased-in reduction to the conversion factor from 1 percent in 2009 to 2 percent in 2013. Like hospitals, physicians would also likely see a one-year lag in receiving the previous year's quality payments.

The proposal also permanently extends the moratorium on new physician-owned limited service hospitals.

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

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

Republican Leaders Postpone House Vote on Budget Cuts

Uncertain they had sufficient votes to pass the proposal, House GOP leaders have delayed a floor vote scheduled for Oct. 20 on an amendment to the FY 2006 budget resolution (H.Con.Res. 95) to require an additional $15 billion in mandatory spending cuts to offset partially the costs of hurricane relief efforts. In the face of disagreements over whether to include defense spending and growing opposition from appropriations committee members, the leadership Oct. 18 backed away from including in the amendment a vote on an across-the-board reduction of discretionary spending, first proposed by House Budget Committee Chair Jim Nussle (R-Iowa).

Republican leaders now intend to bring a non-binding proposal to the House floor the week of Oct. 24 that would include all four elements of the budget-cutting plan endorsed Oct. 6 by House Speaker Dennis Hastert (R-Ill.). Hastert called for an increase in mandatory spending cuts from $34.7 billion to $50 billion, an across-the-board cut in discretionary spending, additional rescissions of unspent appropriations, and deauthorizing 98 programs that the House has not funded. Although the language for the new budget amendment has not been finalized, it reportedly will include a commitment to implement across-the-board cuts later in the negotiations on spending bills rather than identifying a specific percentage now.

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

AAMC Urges Increase in NIH Funding

Stating, "Now is not the time to weaken this nation's commitment to the medical research that provides hope for the improved health and well-being of all Americans," the AAMC joined more than 270 other scientific and professional societies, patient groups and other health organizations in an Oct. 18 letter urging the Senate to pass an FY 2006 appropriation of $29.4 billion for the National Institutes of Health (NIH).

The letter states, "Continued medical progress will be jeopardized unless the Congress passes the FY 2006 Labor-HHS-Education appropriations bill (H.R. 3010)…Failure to pass the bill in a timely fashion places at risk $900 million in new research funds to continue the quest for more effective treatments, diagnostics and preventive measures for diseases that collectively affect millions of Americans."

The Senate Appropriations Committee July 14 approved its version of H.R. 3010, providing $29.4 billion for NIH in FY 2006, an increase of $1.05 billion (3.7 percent). The House version of H.R. 3010, passed June 24, includes $28.5 billion, a $142 million (0.5 percent) increase.

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

NIH Launches Major Initiative To Transform Clinical And Translational Research

The National Institutes of Health (NIH) released Oct. 12 a Request for Applications (RFA) for "Institutional Clinical and Translational Science Awards" (CTSAs), which would create major, innovative "homes" for integrating and supporting clinical and translational science programs. The new program, to be administered by the National Center for Research Resources (NCRR), is an NIH Roadmap Initiative and is designed to spur the transformation of clinical and translational research to speed up the deliver of new treatments to patients. NIH plans to provide approximately $30 million in FY 2006 for four to seven CTSAs. CTSAs will replace current NIH funding for existing university-based clinical research programs, including general clinical research centers (M01s), K30 and K12 grants under NCRR, and K12s and T32s under the Roadmap. Letters of intent are due Feb. 27, 2006, and applications are due Mar. 27. NIH also released an RFA for planning grants for CTSAs and will provide $11.5 million for this purpose.

At the Oct. 17 pre-submission meeting, Barbara Alving, M.D., interim director of NCRR, and other members of the CTSA Project Team answered questions on the new initiative. They indicated that NIH plans to fund approximately 60 CTSAs over the next several years plus incremental funding of $120 million is anticipated. It was emphasized that institutions should definitely not "cut and paste" together their existing MO1, K30, K12, and T32 grants, but rather should create an innovative and transformative plan to support all aspects of clinical and translational science.

Information:
Howard B. Dickler, M.D., Director
AAMC Division of Biomedical and Health Sciences Research
hdickler@aamc.org
(202) 828-0567

Senate Committee Reports Reconciliation Bill, Attaches Higher Ed Reauthorization

The Senate Committee on Health Education, Labor, and Pensions Oct. 18 approved by a vote of 15 to 5 a budget reconciliation bill that identifies $15 billion in savings. The committee also attached its version of the Higher Education Act reauthorization bill (S. 1614) to the reconciliation bill. The bill redirects $8 billion to new student grant programs created under S. 1614, which was approved by the committee Sept. 8 [see Washington Highlights, Sept. 9]. The remaining $7 billion in savings is dedicated to federal deficit reduction.

Attaching the reauthorization bill to reconciliation increases the chances of Senate passage of reauthorization since reducing the federal deficit is a priority of GOP leadership. However, passage of the higher ed reauthorization legislation by the full Congress depends on the decision of Rep. John A. Boehner (R-Ohio), Committee on Education and the Workforce Chair, to attach the House's reauthorization bill (H.R. 609) to reconciliation.

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

Senate Committee Approves Biodefense Measure

The Senate Health, Education, Labor and Pension (HELP) Committee Oct. 18 approved the Biodefense and Pandemic Vaccine and Drug Development Act (S. 1873) by voice vote. Sponsored by Bioterrorism and Public Health Preparedness Subcommittee Chair Richard Burr (R-N.C.), the measure seeks to build upon the Project Bioshield program, which was created to encourage biotech companies to develop bioterrorism countermeasures. The bill would create the Biomedical Advanced Research and Development Agency (BARDA) within the Department of Health and Human Services to coordinate bioterrorism countermeasure development.

An amendment to the bill would transfer the U.S. Army's National Pathology Center to the National Institutes of Health (NIH), following an assessment by the Secretary of Health and Human Services of which functions performed at the center overlap with NIH. The center is slated to be closed by the Department of Defense Base Realignment and Closure Commission.

Although the committee approved the bill, there remain outstanding issues to be resolved, including liability protections for manufacturers and first responders and compensation for people injured by vaccines and other drugs. HELP Committee Chairman Michael Enzi (R-Wyo.) vowed to address these differences and finalize the bill by Oct. 20, with the intent of bringing the bill to the Senate floor as early as the week of Oct. 24.

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

OHRP Seeking Comments on Adverse Event Reporting Draft Guidance

The Department of Health and Human Services Office for Human Research Protections (OHRP) requested Oct. 14 on its Web site public comment on its Oct. 11 draft guidance document for institutional review boards (IRBs), investigators, research institutions, and others entitled "Guidance on Reporting and Reviewing Adverse Events and Unanticipated Problems Involving Risks to Subjects or Others." The draft guidance seeks to clarify when to report adverse events and unanticipated problems to appropriate institutional and federal officials, an area of uncertainty and frustration for IRBs and institutions.

The draft guidance claims to be the first among several promised initiatives intended to develop a comprehensive and harmonized approach to the reporting of adverse events and unanticipated problems to the relevant federal agencies. Nonetheless, the draft points out areas where compliance with more than one approach will still be necessary. Comments must be submitted by Jan. 13, 2006.

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

Howard B. Dickler, M.D., Director
AAMC Division of Biomedical and Health Sciences Research
hdickler@aamc.org
(202) 828-0567