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Washington Highlights: May 19, 2006

Readership Survey

AAMC Testifies on Physician Workforce Shortages

Edward Salsberg, Director of the AAMC Center for Workforce Studies, testified at a May 18 hearing before the House Judiciary Subcommittee on Immigration, Border Security, and Claims. The hearing focused on the "Physicians for Underserved Areas Act" (H.R. 4997), which seeks to make permanent a program that grants J-1 visa waivers to international medical graduates who commit to serving in medically underserved areas.

Mr. Salsberg presented the history of physician supply, the likelihood of a future physician shortage, and the AAMC recommendations on improving physician supply. He noted that the aging of both the physician workforce and the general population will bring about a national shortage of physicians by 2020. The AAMC is recommending a 15 percent increase in U.S. medical school graduates by 2015 to address this predicted shortage, as well as an expansion of the National Health Service Corps to improve access to care in underserved areas. To accommodate the increase in medical school enrollment, the AAMC also recommends increasing the cap on physician residents supported by Medicare.

Also testifying were Rep. Jerry Moran (R-Kan.), sponsor of H.R. 4997; John B. Crosby, J.D., Executive Director of the American Osteopathic Association; and Leslie G. Aronovitz, Director, Health Care, Government Accountability Office.

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

House Passes Budget Plan

Shortly before 1 a.m. on May 18, the House approved its FY 2007 budget resolution (H.Con.Res. 376) after moderate Republicans secured a non-binding agreement with the leadership calling for more funding for health and education programs.

The moderates, led by Rep. Mike Castle (Del.), Nancy Johnson (Conn.), and Dave Reichert (Wash.), had offered a substitute budget to increase funding for the Labor-HHS-Education appropriation by $7.158 billion to bring the bill to its FY 2006 level plus a 2 percent inflationary increase. As a result of negotiations on that amendment, the moderates secured a partial victory earlier this month when the House Appropriations Committee agreed to transfer over $6 billion from the defense and foreign operations accounts to domestic programs, including increasing the allocation for the Labor-HHS-Education Subcommittee by $4.1 billion above the President's budget (see Washington Highlights, May 12).

The budget resolution was amended to create a $3.1 billion reserve fund for health, education, and other domestic priorities, but only if these funds are offset by savings from other discretionary or mandatory programs. Under an amendment by Rep. Curt Weldon (R-Pa.), at least $1 billion of the offset for any increases for the Labor-HHS-Education bill would come from unobligated funds for Iraq reconstruction. The moderates also received assurances from the leadership that the additional $3.1 billion would not come from Medicaid, Medicare or other programs to help special populations.

Passage of the budget resolution permits the House to proceed with consideration of the individual annual appropriation bills without having to "deem" individual spending caps for each measure. Although it is unlikely the House and Senate will resolve the differences between their individual budget resolutions, the House can move forward under the $873 billion discretionary spending cap imposed in its budget plan.

The final vote on the budget was 218 to 210, with 12 Republicans voting against the final package. No Democrat voted in favor of the budget. During debate on the budget, the House rejected alternative budget plans offered by the Democrats, the conservative Republican Study Committee, and the Congressional Black Caucus.

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

House Budget Requires $4 Billion in Savings from Ways and Means; Urges Short-Term Physician Payment Fix

The House-passed budget resolution (H.Con.Res. 376) includes reconciliation instructions for the House Ways and Means Committee, which oversees the Medicare program. Specifically, the Committee must identify $4 billion in savings over 5 years. While the reconciliation instructions do not specify which programs should be cut, the report language accompanying H.Con.Res. 376 does state that the budget resolution assumes no reductions in Medicare or Medicaid.

The report language also states that the Sustainable Growth Rate (SGR) methodology used to calculate Medicare physician payments "does not accurately reflect physician services or beneficiary utilization rates; and as such, physicians are scheduled to receive a significant reduction in reimbursement…in FY 2007 and beyond." The Budget Committee "recognizes the need to modernize and stabilize physician payment," and it urges Congress "to determine a fair short-term solution" for FY 2007, as well as "a long-term solution…so the Congress need not address the payment issue annually..." The report language also "recommends that quality improvement initiatives be included in any physician payment update..."

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

Hospital Groups Address New Medicaid Documentation Requirements

In a May 12 group letter to HHS Secretary Michael Leavitt, the AAMC and 7 other hospital organizations expressed concern about the Medicaid documentation requirements established by Section 6036 of the Deficit Reduction Act (P.L. 109-171). Section 6036, effective July 1, requires beneficiaries to provide specified "documentary evidence" of citizenship or nationality (e.g. U.S. passport or Certificate of Naturalization).

The letter expresses concern that "significant, unintended enrollment barriers will exist for millions of low-income citizens" who can not provide such documents. The letter urges Secretary Leavitt to use his authority "to allow maximum flexibility in determining satisfactory documents to verify citizenship" and Medicaid eligibility. It also advises the Secretary that "validating Medicaid eligibility is first and foremost the responsibility of state governments" and "should not be passed along to hospitals and other providers."

The hospital organizations joining the AAMC in signing the letter include: American Hospital Association; Catholic Health Association of the United States; Federation of American Hospitals; National Association of Children's Hospitals; National Association of Public Hospitals and Health Systems; Premier; and VHA Inc.

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

Pressure Grows on Senate to Consider Stem Cell Legislation

At a press May 16 event on Capitol Hill, Sen. Orrin Hatch (R-Utah) released a letter from former First Lady Nancy Reagan calling for the Senate to take up stem cell legislation. Mrs. Reagan writes, "For those who are waiting every day for scientific progress to help their loved ones, the wait for the United States Senate action has been very difficult and hard to comprehend." May 24 will mark the one-year anniversary of the House passage of "The Stem Cell Research Enhancement Act" (H.R. 810) which would make additional stem cell lines available to researchers using federal funds.

At the same press event, the Coalition for the Advancement of Medical Research released a new poll that revealed nearly three-quarters of Americans support embryonic stem cell research and want the Senate to vote on federal funding for stem cell research. When asked if they support embryonic stem cell research, 72 percent of respondents favor it, up from 68 percent in 2005. Only 24 percent opposed embryonic stem cell research, down from 28 percent. When asked, given what they know about stem cell research, should the Senate vote on H.R. 810, 70 percent of those surveyed said "yes," while only 18 percent said "no" and 12 percent were unsure.

In addition to Sen. Hatch, Sens. Tom Harkin (D-Iowa) and Diane Feinstein (D-Calif.) also spoke, urging Senate Majority Leader Bill Frist (R-Tenn.) to schedule a vote on the bill. Sen. Frist announced his support for the measure last July, but has been unable to reach a time agreement in order to bring the measure before the full Senate.

AAMC President Jordan Cohen, M.D., May 8 wrote a letter to Sen. Frist stating, "It is now time for the Senate to vote on this legislation, which recognizes the need to expand Federal support of research on pluripotent stem cells so that the tremendous scientific and medical benefits of their use may one day become available to the millions of patients who so desperately need them."

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

House Republicans Send Letter Opposing Regulatory Changes to Medicaid

Reps. Cliff Stearns (R-Fla.), Peter King (R-N.Y.), Dave Reichert (R-Wash.), and Rob Simmons (R-Conn.) joined 78 of their Republican colleagues in signing a May 16 Medicaid letter to HHS Secretary Michael Leavitt. The letter opposes the President's FY 2007 budget proposals to cut $12.2 billion in Medicaid funding over 5 years through regulatory changes [see Washington Highlights, April 7].

Stating that "any savings in the Medicaid program should be a result of policy discussions with congressional input," the letter urges Secretary Leavitt to "work with us and other members of Congress to protect and improve the Medicaid program for our constituents."

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

Medicare Occupational Mix Proposed Rule Published

A May 17 proposed rule published in the Federal Register will modify the Medicare hospital wage index calculation, effective Oct. 1, so that 100 percent of an "occupational mix adjustment" will be reflected in hospitals' wage indices. Currently only 10 percent of the wage index is adjusted for occupational mix. The wage index adjusts hospitals' Medicare payments to reflect higher or lower labor costs in their geographic areas. Required by the Benefits Improvement Act of 2000, the occupational mix adjustment is intended to ensure that the wage index calculation reflects only area differences in labor prices, not the "mix" of hospital employees (for example, hiring more registered nurses compared to practical nurses.) The May 17 proposed rule replaces the occupational mix information that was included in the April 25 inpatient PPS proposed rule.

The new proposal stems from a recent court decision (Bellevue Hospital Center v. Leavitt, April 3, 2006) that requires CMS to move immediately to a 100 percent adjustment using new data. According to the proposed rule, CMS is requiring hospitals to submit survey data from Jan. 1, 2006, through March 31, 2006, on employee hours and wages by June 31 so that it can be used to calculate a new occupational mix adjustment.

Because of the tight time frame, CMS is concerned that some hospitals may not submit their survey data. To address this, the proposed rule seeks comments on 4 options for dealing with non-responding hospitals. CMS could assign the hospital:

  • an occupational mix adjustment factor of 1.0;
  • the average occupational mix adjustment factor for its labor market area;
  • the lowest occupational mix adjustment for its labor market area; or
  • the average occupational mix factor for "similar" hospitals (ex, based on geographic location, teaching status, bed size, case mix, etc.).

Currently, the first option is used for hospitals that did not submit survey data in 2003.

CMS states that they are unable to estimate how the new data will affect the FY 2007 wage index by the time the inpatient rule must be published (Aug. 1). However, the wage index tables, rates and impacts will be published before the effective date of Oct. 1, 2006.

Comments on the proposed rule are due on June 12.

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

Diana Mayes, Specialist
AAMC Health Care Affairs
dmayes@aamc.org
(202) 828-0498