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Washington Highlights: March 10, 2006

AAMC Opposes Medicaid and Medicare Cuts

The AAMC and other hospital associations March 6 sent a letter to the House and Senate Budget Committee Chairs urging them to reject the Administration's Medicaid budget proposals. Specifically, the letter raises concern with the fact that much of the $13.6 billion in cuts to Medicaid supplemental payments would occur "through administrative action without Congressional input or oversight." The letter states, "the magnitude of such would severely jeopardize patient care and the ability of hospitals to serve on the frontlines of care."

The letter outlines the specific Medicaid proposals that are of concern, including capping payment to government providers, curbing state Medicaid financing practices, and decreasing the allowable provider tax rate. The letter also reiterates the hospital community's opposition to the Administration's proposed Medicare cuts.

In addition to the AAMC, the letter was signed by the American Hospital Association, the Catholic Health Association, the Federation of American Hospitals, the National Association of Children's Hospitals, the National Association of Public Hospitals, Premier and Voluntary Hospital Association.

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

Senate Panel Approves FY 2007 Budget Plan

The Senate Budget Committee March 9 approved its FY 2007 budget resolution by an 11-10 party-line vote. The committee approved the "Chairman's Mark" that was released by Senate Budget Committee Chair Judd Gregg (R-N.H.) March 8 after defeating an effort by Democrats to reinstitute a requirement for offsets for all increases in mandatory spending programs and tax cuts. The committee also rejected amendments by Democrats to increase funding for various programs, including homeland security, higher education, veterans benefits, and pandemic flu preparedness.

Chairman Gregg's mark includes the President's proposal for $873 billion in discretionary spending (as estimated by the Congressional Budget Office) for non-emergency federal activities funded through the annual appropriations process. This represents an increase of $32 billion (3.7 percent) over FY 2006. As in the President's budget, the Chairman's mark assumes a significant increase for defense spending (5.7 percent over FY 2006).

The Chairman's mark notes that it "assumes" an increase of $1 billion over the President's request for the National Institutes of Health in FY 2007, for a total budget of $29.6 billion, to allow NIH spending to keep pace with inflation. The Chairman's mark also "assumes" a $235 million increase over the President's request for the Health Resources and Services Administration (HRSA). This increase is primarily intended to support rural health programs. However, since the Chairman's mark does not provide an increase in overall discretionary spending above the President's budget, it is unlikely the Labor HHS-Education Appropriation Subcommittee will receive an allocation large enough to provide these increases to NIH and HRSA. In addition, the Chairman's mark assumes full funding of the President's request for the Department of Energy Office of Science and the National Science Foundation.

While the resolution does not propose cuts to the Medicare and Medicaid programs, it does include language that would raise a point of order against new mandatory spending proposals if Medicare falls deeply into the red. Specifically, a point of order would be triggered against any new Medicare spending proposal when government revenue other than Medicare taxes and fees subsidize more than 45 percent of the program's cost. Such spending would not be subject to a point of order if the spending is offset or if three-fifths of the Senate approves the proposal.

The resolution includes a reserve fund for legislation that "addresses healthcare costs, coverage, or care for the uninsured." The legislation must be budget neutral and target "key segments" of the uninsured, including college students and recent graduates; the chronically ill; and individuals without employer-sponsored coverage. The legislation must also improve the "transparency of the cost and quality" of medical services. Expanded coverage may not be "obtained primarily" through premium increases for insured individuals.

The Senate resolution also includes a budget-neutral reserve fund for legislation that "provides incentives and support" for the adoption of healthcare information technology. The legislation must provide for "performance-based payments" that are based upon "accepted clinical performance measures."

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

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

House Republicans Oppose Medicare Cuts

Reps. John McHugh (R-N.Y.), Jim Gerlach (R-Pa.), and 60 other Republican Members of Congress March 3 sent a letter to House Budget Committee Chair Jim Nussle (R-Iowa) urging him to oppose the inclusion of the President's proposed Medicare cuts in the FY 2007 Budget Resolution [see Washington Highlights, March 3].

Of the $36 billion in Medicare cuts over five years, "$15.9 billion, or 42 percent, comes from reductions in the inpatient, rehabilitation, and outpatient hospital update factors" the letter describes. "In addition, the Administration's FY 2007 budget proposes to phase out bad debt payments."

The letter states, "Unfortunately, our hospitals are already stretching scarce resources to respond to the daily challenges of caring for all who come through their doors. At a time when 32 percent of hospitals have negative total margins and 7 out of 10 are losing money on Medicare, we strongly believe now is not the time for further reductions."

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

Senate Finance Leaders Request Investigations of Limited Service Hospitals

Senate Finance Chairman Charles Grassley (R-Iowa) and Ranking Minority Member Max Baucus (D-Mont.) March 6 sent separate letters to the Department of Health and Human Services (HHS) Inspector General (IG) and the Government Accountability Office (GAO), requesting them to review limited service hospitals' records on patient safety, quality of care and physician investment activity. The requests follow their Feb. 27 letter to the Medicare Payment Advisory Commission (MedPAC) requesting further examination of the impact of specialty hospitals on community hospitals and a Feb. 14 request sent to HHS seeking information regarding the administration and enforcement of the moratorium on new specialty hospitals imposed by the Medicare Modernization Act of 2003.

In a prepared release, Grassley stated, "The two reports Senator Baucus and I are seeking will help shed light on how these specialty hospitals impact our communities and the health care system. We need to know the impact so we can make educated decisions to ensure that patients receive the highest quality care for the most cost effective price. Patient care should always come before profit, and these reports should help us understand these facilities better to ensure that this is the case."

The letter to the IG requests "a thorough analysis, audit, and evaluation of patient safety and quality of care provided to patients at the physician-owned specialty hospitals across the country." The letter to GAO requests a "thorough review of the arrangements used to finance physician-owned specialty hospitals."

The Feb. 27 letter to MedPAC requests that it examine more recent data to determine whether specific findings presented in a March 2005 MedPAC report have changed. The Senators are interested in how have physician-owned hospitals have affected the financial condition of community hospitals; whether it is more or less costly to treat patients at physician-owned specialty hospitals than at full-service community hospitals; and whether the formation of physician-owned hospitals has caused the overall volume of procedures to increase in markets where they operate.

The Feb. 14 letter to HHS and the Centers of Medicare and Medicaid Services (CMS) Administrator Mark McClellan, M.D., seeks to learn whether the federal government adequately oversees the licensing, safety and quality of physician-owned specialty hospitals.

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

GOP Conservatives Release Budget Proposal

The Republican Study Committee (RSC), a group of over 100 socially and fiscally conservative House Republicans, released March 8 a plan to balance the federal budget in 5 years through large cuts in discretionary and mandatory spending. The RSC plan, largely based on the 1995 "Contract With America," includes a detailed list of proposed budget cuts recycled from the House-passed FY 1995 budget resolution.

The list includes a proposal to "encourage privatization of NIH-supported research" by reducing funding by 10 percent. The plan notes, "NIH has funded numerous nonessential projects in recent years, including a prostitute/masseuse study, reactions to pornography study, and an American Indian transgender research study." Other discretionary health proposals include the elimination of health professions grants, reduced funding for the National Health Service Corps and elimination of the Agency for Healthcare Research and Quality.

The RSC proposal would reduce Medicare spending by $218 billion over 5 years through capping overall Medicare spending growth at an average of 5.4 percent and suggests a number of reforms that could help control such spending. Specifically, the reforms include modeling Medicare after the Federal Employee Health Benefits program; increasing the Medicare Part B premium and allowing Part B means-testing to take effect earlier; means-testing the Part D prescription drug benefit; restructuring cost-sharing requirements; imposing a home health co-payment; and "slow[ing] the growth in payments to home health agencies, skilled nursing facilities, and hospitals by one percent."

Attempting to build on "the landmark success of welfare reform," the RSC proposal would convert the Medicaid and the State Children's Health Insurance Program (SCHIP) "into a system of block grants to states." Capped at an annual growth rate of four percent, the block grant proposal is estimated to save $92 billion over five years. The proposal also promotes a more "effective and efficient" Medicaid program by giving states the flexibility to "create innovative health care programs for their low-income citizens."

While previous RSC budgets have failed to draw support from a majority of Republican House members, House Majority Leader John Boehner (R-Ohio) stated, "The RSC budget is a serious effort to address a serious problem: the runaway cost of government that threatens our children's future. This serious problem can only be solved by making tough choices."

Although the House Budget Committee was tentatively set to mark up its budget resolution this week, Majority Leader Boehner announced March 7 he would delay the House Budget Committee action while leaders continue to negotiate with members.

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

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

CMS Updates PPAC on Pay-for-Performance

At the March 6 quarterly meeting of Physician Payment Advisory Commission (PPAC), Centers for Medicare and Medicaid Services (CMS) staff outlined the agency's plan for incorporating Pay-for-Performance (P4P) into its Quality Improvement Roadmap. P4P is one of five strategies of the quality improvement initiative.

Currently, CMS has several demonstrations and pilot programs for hospitals, physicians, nursing homes, home health agencies and end-stage renal disease facilities. Initiatives for physicians include the Physician Group Practice Demonstration, a project designed to assess the impact of physician quality and performance measures on total costs of care for beneficiaries; and the Physician Voluntary Reporting Program, a claims-based self-report demonstration. CMS also is evaluating approaches to measuring physician resource use and will release a white paper on P4P [see Washington Highlights, Dec. 9, 2005].

CMS presented an update on the Recovery Audit Contractors (RAC). The program, instituted by the Medicare Modernization Act, provides claims data to third party contractors to identify potential Medicare mispayments. Initially, contractors would have been paid contingency fees only for identified Medicare overpayments, not underpayments. Based on previous PPAC recommendations, CMS has modified the RAC contracts to pay contingency fees for underpayments as well. RAC is being implemented in the three states with the largest Medicare beneficiary populations: California, New York, and Florida.

CMS staff also introduced two initiatives to PPAC: the Medicare Contractor Provider Satisfaction Survey, an evaluation of the contractors who process Medicare claims; and the Medicare Health Support, a care coordination program to help manage beneficiaries with chronic disease.

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

Mary Patton, Senior Specialist
AAMC Health Care Affairs
mpatton@aamc.org
(202) 862-6297