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Washington Highlights: June 2, 2006

Congress Examines Hospital Accreditation

Senate Committee on Finance Chair Charles Grassley (R-Iowa) sent a May 18 letter to Dennis O'Leary, M.D., President of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), asking the commission to comply by June 8 with a lengthy request for documents and written responses to questions regarding JCAHO's accreditation process. The letter, co-signed by Sen. Max Baucus (D-Mont.), ranking Democrat on the Finance Committee, and Rep. Peter Stark (D-Calif.), ranking member on the House Ways and Means Subcommittee on Health, warned that "it is our expectation that you will comply promptly and completely with this request. Failing that, additional avenues will be pursued."

The letter referenced a July 2004 Government Accountability Office (GAO) investigation that found serious deficiencies in JCAHO's accreditation process. Currently, GAO is conducting a second investigation relating to possible conflicts of interest and other concerns at JCAHO and its subsidiaries. The letter noted that "Federal law deems hospitals that are accredited by the commission to be compliant with Medicare requirements, and thus eligible to treat Medicare patients and be reimbursed by Medicare for doing so. No other health care accreditation program shares this unique statutory authority." In addition to requesting information about the accreditation process, the letter asked for detailed information about both JACHO and Joint Commission Resources, Inc. (JCR), a consulting subsidiary of JCAHO. The request includes the names of all current board members for both JCAHO and JCR; the compensation for each between FY 2003 and FY 2005; any luxury items owned by JCAHO; and the number and percentage of JCR clients that are surveyed by JCAHO and subsequently receive accreditation.

An accompanying press release indicates that Chairman Grassley, Sen. Baucus, and Rep. Stark plan to introduce a revised version of legislation they sponsored in 2004 (S.2698, H.R. 4877), which would bring JCAHO's accreditation process under the authority of the Centers for Medicare and Medicaid Services (CMS). The new legislation will be based on CMS oversight of the accreditation of healthcare facilities other than hospitals and a number of factors including any new findings of the GAO.

Information:
Ivy Baer, Director & Regulatory Counsel
AAMC Health Care Affairs
ibaer@aamc.orc
(202) 828-0490

Stafford Interest Rates Set To Increase

The Department of the Treasury May 30 auctioned the last three-month Treasury bill (91 day T-bill) of May, setting the index for most outstanding Stafford loans in the academic year following July 1, 2006. Currently, variable Stafford loan interest rates are 4.70 percent during the in-school or grace periods and 5.30 percent during repayment. The new 4.84 percent bond equivalent rate of the 91 day T-bill will increase the interest rate for outstanding Stafford loans, made on or after July 1, 1998, to 6.54 percent during in school and 7.14 percent during repayment.

Under the current law, beginning July 1, 2006, new Stafford loans will have a fixed 6.8 percent rate and borrowers will not be able to consolidate outstanding Stafford loans during the in-school period or grace periods.

The Department of Education issued a May 30 Dear Colleague Letter (FP-06-09) that provides guidance for lenders to help borrowers obtain the lowest interest rate on their consolidation loans.

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

Senate Passes Immigration Reform Bill

The Senate May 25 passed the "Comprehensive Immigration Reform Act of 2006" (S.2611). Disagreements over the illegal immigration prevention and "amnesty" provisions have stalled the bill's approval since March. S. 2611 includes a provision that would eliminate the expiration of J-1 visa waiver programs, which allow physicians to waive their 2 year home service requirement after they complete their residency training in the U.S. on a J-1 visa. Participants in the program receive an H-1B visa and are required to practice in underserved areas as determined by the Department of Health and Human Services.

Further provisions exempt non-immigrant physicians who "have been awarded medical specialty certification based on post-doctoral training and experience in the United States" from the H-1B visa cap. Similarly, physicians who "have been awarded medical specialty certification based on post-doctoral training and experience in the United States preceding their application for an immigrant visa" are exempted from permanent immigrant caps.

A difficult conference is expected with the House-passed "Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005" (H.R.4437). This bill, approved Dec. 16, 2005, does not contain the J-1 waiver programs permanency or physician cap exemption language.

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

Commerce Dept. Withdraws Deemed Export Proposed Rule

The U.S. Department of Commerce May 31 announced the withdrawal of the 2005 proposed rulemaking on "deemed export controls" [see Washington Highlights, April 1, 2005]. The proposed rule, which would have markedly restricted access and heightened institutional reporting requirements for managing "dual use" technologies, was met with strong objection from the academic community. The department May 22 announced the creation of a Deemed Export Advisory Committee that will review and provide recommendations to the department on deemed export policy.

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