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Washington Highlights: January 13, 2006

NIH Revises FY 2006 Grant Funding Policy

The National Institutes of Health (NIH) Jan. 9 issued a notice detailing its revised grant funding policy to reflect the recently enacted appropriations for the agency. Following passage of the FY 2006 Labor, Health and Human Services, and Education appropriations bill, NIH, like most other domestic discretionary accounts, was subject to a 1 percent across-the-board cut. NIH's share of this cut is approximately $286 million and has established the following financial policies:

  • Non-competing awards for every research project grant (RPG) will be awarded at a level of 97.65 percent of the amount indicated for the FY 2006 budget period in the Notice of Grant Award for the previous budget year. The amounts indicated for future budget periods will also be adjusted by the same factor.
  • Non-competing awards previously issued in FY 2006 at reduced levels up to 80 percent of the amount previously indicated (when NIH was operating under a continuing resolution) will be revised to provide a restoration of funds to the 97.65 percent level. Amounts indicated for future budget periods will be adjusted as well.
  • The amounts provided for competing RPGs will be managed to an average award amount equal to FY 2005 levels. FY 2006 policy includes the provision of a 3 percent escalation factor in the amounts indicated for future years on competing RPG awards, which are not based on modular applications.

Questions regarding adjustments applied on individual grant awards should be directed to the NIH institute or center grants management specialist identified on the Notice of Award.

Information:
Tony Mazzaschi, Interin Chief Scientific Officer, Senior Director
AAMC Scientific Affairs
tmazzaschi@aamc.org
(202) 828-0059

CMS Describes Plans for Physician Payments

Centers for Medicare and Medicaid Services (CMS) Director of the Center for Medicare Management Herb Kuhn Jan. 6 sent a letter to House Ways and Means Committee Chair Bill Thomas (R-Calif.) describing CMS plans related to physician payments and claims processing. The delay in final Congressional action on the Housend Senate-passed Deficit Reduction Act (S. 1932) resulted in a 4.4 percent cut to physician payments effective on Jan. 1, 2006 [see Washington Highlights, Dec. 23]. CMS has indicated that physicians and other Part B providers should not hold claims.

The letter to Rep. Thomas states that upon enactment of the pending legislation, which will update payments to zero percent effective Jan. 1, CMS will immediately issue nstructions to carriers and fiscal intermediaries instructing them to automatically reprocess claims that were already processed at the negative 4.4 percent update. Providers will not need to resubmit claims.

CMS acknowledges that the changes in the physician update will impact co-payments and deductibles. CMS states "accordingly, standing alone, short-term routine waivers of the additional, retroactive cost-sharing amount would not seem to constitute an improper beneficiary inducement. For more specific guidance, the OIG should be consulted."

Finally, CMS indicated that it will re-open the physician participation enrollment period for 45 days on or shortly after enactment of the legislation.

Information:
Denise Dodero, Sr. Director, Health Care Affairs
AAMC Health Care Affairs
ddodero@aamc.org
(202) 828-0493

MedPAC Approves Update Recommendations for Hospital and Physician Payments

At its Jan. 10-11 meeting, the Medicare Payment Advisory Commission (MedPAC) approved final recommendations on Medicare payment updates for 2007, to be published in its March 2006 Report to the Congress.

On the hospital front, despite a projected negative overall Medicare margin of -2.2 percent in 2006, the commission recommended an update to the hospital inpatient and outpatient payment rates equal to the increase in the hospital market basket (an inflation measure) minus 0.45 percentage points. The 0.45 percentage point reduction represents half of an estimate of productivity growth in the general economy for 2007 that the commission expects the hospital industry to achieve. The hospital industry had hoped that the commission would recommend a full market basket update, given the low overall Medicare margins.

As part of their presentation, MedPAC staff noted that most of the indicators of Medicare payment adequacy to hospitals are positive, including increased access to capital, increased number of hospitals, and service volume increases. Commissioner Ralph Muller pointed out that these indicators likely are due to higher payment rates made by private payers and mask the inadequacy of payments on the Medicare side, as reflected by the negative overall Medicare margins.

In response, Chair Glenn Hackbarth noted that the legislative mandate requires that MedPAC review payment policies affecting "efficient" hospitals rather than average hospitals. He felt strongly that, in spite of negative margins, Medicare should pay hospitals based on the costs and performance of efficient hospitals to encourage a competitive environment. According to MedPAC staff's findings, hospitals with lower occupancy, higher costs and higher cost growth are generally not competitive in their own markets and tend to have consistently negative margins, thereby pulling the industry-wide margin down by more than two percentage points.

For physician services, MedPAC recommended to update payments for physician services by the projected changes in input prices less the productivity expectation growth for 2007. MedPAC estimates price inflation of 3.7 percent and productivity growth of 0.9 percent, which would make the update 2.8 percent. Along with this recommendation, MedPAC will comment in its report that it does not support the physician fee cuts scheduled through 2011 and considers the current volume control formula, known as the sustainable growth rate or SGR, to be a "flawed, inequitable mechanism." The commission also will mention its concern that physician cuts could threaten beneficiary access, especially to primary care.

In addition to the physician update, MedPAC also made several recommendations to better value services in the physician fee schedule. Specifically, MedPAC recommended creating a panel of experts to assist the Centers for Medicare and Medicaid Services (CMS) in identifying overvalued (with respect to physician work) services and to review update recommendations. This panel also would assist CMS in identifying services that appear to have "substantial changes in length of stay, site of service, volume, practice expense or other factors that may indicate changes in physician work." Other recommendations include an interim review for newer services, where the work load might change after a few years, and a periodic review of all services.

Other physician issues included a staff work plan to evaluate alternatives to the SGR formula; listening to an expert panel on physician resource use measurement; and a staff update on care coordination analysis.

In other areas, with the exception of dialysis services - for which the commission recommended a market basket less a productivity expectation update - MedPAC recommended that CMS eliminate payment updates in 2007 for rehabilitation and skilled nursing facilities, home health agencies, and long term care providers. MedPAC's next public meeting is Mar. 9-10, 2006.

Information:
Karen Fisher, Sr. Director, Health Care Affairs
AAMC Health Care Affairs
kfisher@aamc.org
(202) 862-6140

Denise Dodero, Sr. Director, Health Care Affairs
AAMC Health Care Affairs
ddodero@aamc.org
(202) 828-0493

AAMC Notes Slow Pace of "Harmonization" In Human Subjects Requirements

In a Jan. 11 comment letter to the Office for Human Research Protections (OHRP), the AAMC supported recently proposed guidance on reporting and reviewing adverse events and other unanticipated problems in human subjects research, but took issue with the slow pace of federal efforts to coordinate or "harmonize" requirements across different agencies. More than six years ago, AAMC noted, then-Secretary of Health and Human Services Donna Shalala called for harmonization of disparate regulations and requirements on human subjects research between the National Institutes of Health (NIH) and the Food and Drug Administration (FDA). "Although we are given to understand that both agencies are making efforts to harmonize and are preparing suitable guidance," the AAMC letter states, "disappointingly little has been accomplished to date."

The AAMC commended the clarity of the OHRP draft and its use of examples to guide assessment and reporting of adverse events. But even the OHRP document notes that NIH and FDA may have separate requirements and directs anyone needing assistance "to contact these agencies directly." The letter strongly endorses trans-agency harmonization of requirements and regulations, and recommends agencies identify where requirements overlap and areas that are the unique purview of a particular agency.

Information:
Howard Dickler, Director
AAMC Biomedical Health Sciences Research
hdickler@aamc.org
(202) 828-0567

NIH Issues NRSA Stipend Levels

The National Institutes of Health (NIH) Jan. 9 issued a notice establishing the stipend levels for FY 2006 Ruth L. Kirschstein National Research Service Awards (NRSA) for undergraduate, predoctoral and postdoctoral trainees and fellows. The stipend levels for postdoctoral trainees with zero and one year of experience are increased by 4 percent. Stipend levels for predoctoral trainees and other postdocs remain at the FY 2005 levels. The level of training related expenses on institutional training grants and the institutional allowance for individual fellows is also being held flat. These stipend levels apply to all competing and non-competing NRSA awards made with FY 2006 funds.

The stipend levels for FY 2006 are:

Predoctoral: $ 20,772
Postdoctoral (Years of Experience):
0 $ 36,996
1 $ 38,976
2 $ 41,796
3 $ 43,428
4 $ 45,048
5 $ 46,992
6 $ 48,852
7 or more $ 51,036

Information:
Jodi Lubetsky, Staff Associate
AAMC Biomedical Health Sciences Research
jlubetsky@aamc.org
(202) 828-0485

AAMC Submits Recommendations On Graduate and Post-Doctoral Training Principles

The AAMC Jan. 11 submitted its comments on principles for support of graduate and postgraduate education proposed by the National Science and Technology Council's (NSTC) Committee on Science. The NSTC is a cabinet-level council of principals from within the Administration and federal science agencies that advises the President on coordination of science policy and resources.

The "proposed principles for federal support of graduate and postdoctoral education and training in science and engineering" were announced in the Nov. 16, 2004, Federal Register, and developed in response to comments from universities on the difficulties created by variations in federal agency policies on fellowship and traineeship stipends, allowances for educational costs and other matters. The NSTC's proposed principles include: broad support for federal science and engineering; quality education and training for graduate students and post-docs; and federal agencies should act in partnership with academic and non-federal organizations and collaborate with one another in areas of common interest.

In its comments, the AAMC expressed support for the principles, but called for greater specificity on how these principles should be implemented, with emphasis on the development of data bases and performance measures. "Current data sources are often several years out of date and significantly undercount researchers with degrees from outside of the U.S., or who hold M.D. but not Ph.D. degrees," the AAMC noted. The federal government also can help in assuring that measures of quality are included in developing training programs, including the development of methodologies for assessing the quality of training on NIH research project grants and similar mechanisms (73 percent of graduate students and 80 percent of postdocs are supported on such grants).

AAMC further endorsed recommendations by an internal NIH working group to increase stipend support and other compensation for graduate students and postdocs consistent with training and experience. "[A]ll graduate students and postdoctoral scholars, regardless of funding source, should be guaranteed access to affordable health insurance and other benefits," AAMC commented, adding that "Levels of support should be frequently monitored to be sure they are adequate."

Information:
Jodi Lubetsky, Staff Associate
AAMC Biomedical Health Sciences Research
jlubetsky@aamc.org
(202) 828-0485

Howard Dickler, Director
AAMC Biomedical Health Sciences Research
hdickler@aamc.org
(202) 828-0567

AHRQ Releases Disparities And Quality Reports

The Agency for Healthcare Research and Quality (AHRQ) Jan. 9 released the 2005 National Health Disparities and National Health Quality Reports. These annual reports, issued for the third time, measure quality and disparities in four key areas of health care: effectiveness, patient safety, timeliness, and patient centeredness.

Released at the National Leadership Summit on Eliminating Racial and Ethnic Disparities in Health, the disparities report notes that while racial disparities in access to care for many minorities are narrowing, the majority of disparities for both quality and access are growing wider for Hispanics. The quality report finds that overall quality of care for all Americans improved at a rate of 2.8 percent, the same increase shown in last year's report.