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Washington Highlights: February 17, 2006

Senate Finance Leaders Urge CMS to Improve Accuracy of Medicare Payment System

In a Feb. 9 letter to Centers for Medicare and Medicaid Services (CMS) Administrator Mark McClellan, M.D., Senate Finance Committee Chair Charles Grassley (R-Iowa) and Ranking Minority Member Max Baucus (D-Mont.) urged CMS to move forward in FY 2007 with significant refinements to Medicare's hospital inpatient prospective payment system (IPPS).

Citing a March 2005 Medicare Payment Advisory Commission (MedPAC) report to Congress entitled "Physician Owned Specialty Hospitals," the letter lends the Senators' support "for a detailed discussion, and adoption, if appropriate," of the report's recommendations. Because MedPAC found that there are large differences across and within Medicare inpatient diagnostic related groups (DRGs), the report recommended that the Secretary of Health and Human Services improve payment accuracy in the hospital IPPS by:

  • Refining the current DRGs to capture more fully differences in severity of illness among patients;
  • Basing the DRG relative weights on the estimated costs of providing care rather than on charges; and
  • Basing the weights on the national average of hospitals relative costs in DRG cases.

In addition, the report recommended that Congress should amend the Medicare law to give the Secretary authority to adjust the DRG relative weights to account for differences in the prevalence of high cost outlier cases and that Congress and the Secretary should implement the case mix measurement and outlier policies over a transitional period.

The letter states, "Medicare payments should reflect what it actually costs hospitals to provide care to beneficiaries….Any incentives in the payment system to systematically choose one patient over another must be removed."

Information:
AAMC Government Relations

AAMC, FOVA Comment On Proposed VA Research Cuts

The Friends of VA Medical Care and Health Research (FOVA) Feb. 14 sent a letter to the House and Senate Committees on Veterans Affairs (VA) outlining the negative impact of the Administration's proposed cuts for VA research in FY 2007, such as decreases in research projects, VA research employees, and funding for priority health research. FOVA recommends a $460 million appropriation for VA Medical and Prosthetic Research. The AAMC is a member of the FOVA Executive Committee.

House VA Subcommittee on Health Chair Henry E. Brown, Jr. (R-S.C.) submitted the FOVA letter as testimony at a Feb. 14 oversight hearing regarding the Administration's budget request for the Veterans Health Administration (VHA) for FY 2007. The focus of the hearing turned to committee members' concerns over the Administration's VA research request, which includes $399 million for the VA Medical and Prosthetics Research program, a $13 million (3.2 percent) decrease from FY 2006. VA Under Secretary for Health Jonathan B. Perlin, M.D., Ph.D., testified that the Administration anticipates a $17 million increase in total VA research resources; however, this estimate assumes increases for research funding from VA Medical Care support, other federal resources, and grants from private agencies. Rep. Vic Snyder (D-Ark.) was quick to point out that, even with the assumed increases in supplementary resources, the total VA research budget request would still be less than biomedical inflation. Dr. Perlin was asked to respond directly to FOVA at a later date.

Senate Committee on Veterans Affairs Ranking Member Daniel Akaka (D-Hawaii) questioned Secretary of VA Jim Nicholson about the proposed cuts at a Feb. 16 hearing of the Senate Committee on VA. Secretary Nicholson testified that the FY 2007 VA research budget request, while less than the $412 million appropriated for FY 2006, is greater than the $393 million they requested for FY 2006.

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

Clerical Error Challenges Legality of Deficit Reduction Law

A clerical mistake has called into question the legality of the "Deficit Reduction Act of 2005" (P.L. 109-171), which President Bush signed Feb. 8 [see Washington Highlights, Feb. 10]. The versions of bills that the Senate and House approved, which include (over 5 years) $6.4 billion in Medicare savings, $4.7 billion in Medicaid/SCHIP savings, and $11.9 billion in net savings from changes to student loan policy, are not identical.

The clerical error occurred after the Senate Dec 21 narrowly approved the bill. A Senate clerk changed the bill while it was being transmitted to the House. The clerk mistakenly extended the period of time that Medicare should pay for certain medical equipment, decreasing the savings in the bill by $2 billion. The House Feb 1 passed this version of the bill by two votes.

The Senate Feb. 8 passed a resolution (S.Con.Res. 80) stating that the legislation President Bush signed reflects "the intention of Congress." Even if such a resolution is approved by both chambers, the constitutional questions would persist because resolutions are not binding. The House and Senate may have to repeal the budget-cutting law and bring the bill up for another vote or risk a legal challenge.

NIH Releases Revised BRDPI Update

According to a revised update issued Feb. 14 by the National Institutes of Health (NIH), the Bureau of Economic Analysis (BEA) in the U.S. Department of Commerce now estimates the Biomedical Research and Development Price Index (BRDPI) will increase by 5.5 percent for FY 2005.

The BEA estimated increase of 5.5 percent for FY 2005 is greater than the 3.3 percent increase NIH projected last January. NIH attributes the increase in part to growth in the general rate of inflation, as measured by the price index for the Gross Domestic Product, which increased by 2.8 percent rather than by the 2.0 percent increase projected by Office of Management and Budget (OMB) in December 2004.

NIH also has revised its projected future year values for BRDPI. The NIH now projects the BRDPI to increase by 4.1 percent for FY 2006 and 3.8 percent for FY 2007 and FY 2008.

NIH previously issued an update dated Jan. 24 and posted on the NIH Website Feb. 6.

The BRDPI measures changes in the weighted-average of the prices of all the inputs (e.g., personnel services, various supplies, and equipment) purchased with the NIH budget to support research. The annual change in the BRDPI indicates how much the NIH budget would need to change to maintain purchasing power-to compensate for the average increase in prices and to maintain NIH-funded research activity at the previous year's level. The BEA developed the BRDPI in the early 1980s and provides annual updates under an interagency agreement with the NIH.

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

Final CMS Occupational Mix Survey Instrument Published

The Centers for Medicare & Medicaid Services (CMS) has published on its Website its final occupational mix survey instrument and a response to comments on the initial proposal.

The survey collects hospitals' occupational wage data to calculate an "occupational mix adjustment" that is applied to the Medicare hospital wage index. The purpose is to ensure that the wage index reflects only geographic variations in labor prices, rather than also reflecting the "mix" of occupations employed by the hospital. Pursuant to statute, the occupational mix data are collected every 3 years. The data collected in the 2006 survey will be incorporated into the federal fiscal year 2008 hospital wage index.

The survey asks hospitals to report wage and hours data on a number of occupational wage categories for a six-month period, from Jan. - June, 2006. In response to comments, CMS reduced some of the occupation categories for which data must be collected, but rejected the AAMC's, and others, urgings to allow more than 30 days after the survey timeframe to submit data. [see Washington Highlights, Dec 16, 2005]

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

House Science Committee Examines Research Budgets

The House Committee on Science Feb. 15 met to hear testimony on the President's American Competitiveness Initiative (ACI) as it relates to the Administration's FY 2007 budget request increases in research. Director of the Office of Science and Technology Policy, John Marburger, III, Ph.D., assured committee members that the physical sciences-oriented ACI does not abandon biomedical research, since a strong base in the physical sciences yields progress in all fields. Marburger further testified that unlike the National Institutes of Health (NIH) budget, the budgets of the "high priority" research institutions in ACI have not increased proportionately with advances in the field.

Rep. Russ Carnahan (D-Mo.) expressed concerns about cutting some science budgets to fund others, though most committee members praised the newfound attention on the physical sciences.

Information:
Tannaz Rasouli , Legislative Analyst
AAMC Office of Governmental Relations
trasouli@aamc.org
202-828-0525