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Washington Highlights: November 17, 2006

AAMC Signs Letter Urging Immediate Physician Payment Fix

The AAMC, with 127 physician organizations, Nov. 13 sent letters to Senate Majority Leader Bill Frist (Tenn.) and House Speaker Dennis Hastert (Ill.), urging passage of a Medicare physician payment fix during the lame-duck session. Copies of the letters were sent to all members of Congress. Highlighting the fact that over 265 House members and 80 Senators have called for a positive payment update in CY 2007, the letter strongly urges Congress "to take immediate action."

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

Congress Extends Stopgap Funding

On Nov. 15, both the House and Senate passed by voice vote H.J.Res. 100, a continuing resolution (CR) to provide funding through Dec. 8 for government agencies whose FY 2007 spending bills have not yet been enacted. To date, only two of the 12 regular spending bills - Defense and Homeland Security - have been signed into law. For programs in the Labor-HHS-Education bill (H.R. 5647/S. 3708), the CR provides funds at the FY 2006 level. This is the second CR for the fiscal year; the current CR expires Nov. 17 [see Washington Highlights, Oct. 6].

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

Congress Clears Animal Research Protection Act

The House Nov. 13 approved the Animal Enterprise Terrorism Act (S. 3880), which was passed by the Senate Sept. 30 [see Washington Highlights, Oct. 6]. The President is expected to sign the legislation.

Co-sponsored by Sens. James Inhofe (R-Okla.) and Dianne Feinstein (D-Calif.), the bill extends existing protections for animal research enterprises to individuals, businesses and agencies, such as scientists, biomedical and biotechnology industries, research universities, teaching hospitals, financial institutions and others who have associations with animal research. AETA calls for fines and/or imprisonment of animal rights advocates who threaten scientists conducting animal research or companies funding or affiliated with the research.

Information:
Erica Froyd, Director, Public Health and Research Legislative Affairs
AAMC Government Relations
efroyd@aamc.org
(202) 828-0525

MedPAC IME and DSH Discussions Begin to Focus

After what arguably could be considered "preliminary" discussions at the September and October meetings, the Medicare Payment Advisory Commission (MedPAC) at its Nov. 8 meeting appeared to be starting to coalesce around certain themes regarding Medicare indirect medical education (IME) and disproportionate share (DSH) hospital payments.

As in previous meetings, staff presented data on Medicare hospital margins, noting that such margins at major teaching hospitals are significantly higher than those at other hospitals. A growing number of commissioners urged staff to show Medicare margins that do not include DSH payments since these payments are largely intended to offset costs for uninsured patients, while Medicare margins only reflect costs associated with Medicare patients.

Recognizing that one role of the IME adjustment is to offset teaching hospitals' higher patient care costs associated with treating more severe and complex patients, most commissioners agreed that any IME reduction should be coupled with improving the severity adjustment in the current inpatient payment system.

MedPAC Chair Glenn Hackbarth attempted to summarize the discussions to date by reiterating his support for implementing severity adjustments. In terms of IME payments above the so-called "empirical" amount [see Washington Highlights, Oct. 13], he noted several savings options for reducing the IME adjustments: a) put them into base DRG payments for distribution across all hospitals, b) include them in a pay-for-performance pool for all hospitals, and c) use the savings to encourage teaching hospitals to change how medical students and residents are educated and the specialties they enter.

While there was no explicit consensus around the options, it appeared the commission was moving toward including a chapter in the March report that would discuss the IME adjustment, including the savings options, but would not vote on any specific recommendations.

On the Medicare DSH front, commissioners appeared prepared to recommend that CMS collect data on uncompensated care, as previously recommended. The commission also appeared to be reaching consensus that the current DSH distribution formula should be reviewed with the intent of better directing DSH payments to hospitals providing the most uncompensated care.

The commission also spent considerable time discussing Medicare physician issues (see related article). Other topics presented at the meeting included:

  • Mandated report on rural hospital payment changes;
  • Update on Medicare private plans; and
  • Results of site visits to hospital-based skilled nursing facilities.

MedPAC's next meeting will be held Dec. 7-8.

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

MedPAC Continues SGR Alternatives Discussion

Advisory Commission (MedPAC) continued its work on a mandated report to evaluate alternatives to the sustainable growth rate (SGR) for updating physician payments [see Washington Highlights, Oct. 13]. The MedPAC report will address volume control at the medical group level, physician outliers, and hospital medical staff.

Elliott Fisher, M.D., M.P.H., Dartmouth Center for Evaluative Clinical Services, presented a potential approach for evaluating hospital medical staff. Using the term "extended hospital medical staff" (EHMS), Dr. Fisher suggested that physician measurement and volume controls could be applied to all physicians, even physicians that do not admit patients to a specific hospital. Physicians with inpatient work would be assigned to the hospital where most of their inpatient work was performed. Physicians that do not have inpatient work would be assigned to the hospital where the plurality of the patients they billed for were admitted. Almost all Medicare physicians could be assigned to an acute care hospital using this methodology.

Medicare beneficiaries also would be assigned to their primary EHMS, and the EHMS could be held accountable for care delivered. Dr. Fisher noted that based on his work at Dartmouth Atlas, he believes unnecessary variation is due to excess supply, and this proposal will inform decisions on increasing capacity.

The commissioners expressed interest in the EHMS model and discussed issues that could impact implementation, such as measuring care for beneficiaries who live in different hospital regions throughout the year; incorporating care from other organizations such as skilled nursing facilities; and measuring services and care provided by referral hospitals.

MedPAC staff also presented preliminary results of the episode treatment groupers that measure and compare care provided by multi-specialty groups and identify physician outliers. The report is due to Congress March 1, 2007.

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

Senate Passes FY 2007 VA Appropriations

The Senate Nov. 14 passed (95-1) its version of the Military Construction and Veterans Affairs Appropriations Bill (H.R. 5385, S. Rept. 109-286). Sen. George Allen (R-Va.) was the lone dissenting vote. The Senate bill provides $412 million for VA Medical and Prosthetic Research, matching the House passed level.

$15 million of these funds is earmarked as the second installment of a 5-year commitment to Gulf War Illness Research at the University of Texas Southwestern Medical Center at Dallas. The Senate's Minor Construction appropriation does not include the additional $12 million for research facilities that was approved by the House in May [see Washington Highlights, May 26].

The Senate bill provides $32.258 billion for VA medical care, a $3.555 billion (12.4 percent) increase over the FY 2006 levels and the same as the President's request for FY 2007. It is unclear if Congress will be able to conference and pass a compromise bill before it adjourns.

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

Senate Democrats Select New Leaders

Senate Democrats met Nov. 14 to decide their leadership positions for the 110th Congress. It was announced that Sen. Robert C. Byrd (W.Va.) will be the President Pro Temp of the Senate.

As expected, Democrats selected Sen. Harry Reid (Nev.) to serve as Majority Leader and Sen. Dick Durbin (Ill.) as Assistant Majority Leader.

Reid created a special leadership position - Conference Vice Chair - to reward Sen. Charles Schumer (N.Y) for his service as Chair of the Democratic Senatorial Campaign Committee (DSCC). Schumer, who now ranks third in the Democratic leadership, will continue to chair the DSCC.

Senate Democrats elected Sen. Patty Murray (Wash.) to replace Sen. Debbie Stabenow (Mich.) as Democratic Conference Secretary. This position, previously third in the Democratic leadership, will now rank fourth.

Reid appointed Sen. Byron L. Dorgan (N.D.) for another term as Chair of the Democratic Policy Committee.

Reid also appointed Stabenow as Chair of the Steering and Outreach Committee, where she replaces Sen. Hillary Rodham Clinton (N.Y.). Clinton assumes the position as Vice Chair of Committee Outreach, where she will work with Sen. Jeff Bingaman (N.Mex.) who will chair Committee Outreach.

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

House Democrats Elect Hoyer Majority Leader

House Democrats Nov. 16 voted to elect Rep. Steny Hoyer (Md.) as House Majority Leader for the 110th Congress. Hoyer defeated Rep. John Murtha (Pa.) by a vote of 149-86 for the number two leadership position behind incoming Speaker of the House Nancy Pelosi (Calif.).

Democrats also selected Rep. James Clyburn (S.C.) as Majority Whip, the number three position in the leadership. Rep. Rahm Emanuel (Ill.), who served as House Democratic campaign chair, was rewarded with the caucus chairmanship, the number four position for Democrats.

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

GOP Senators Tap Lott For Number 2 Slot

Senate Republicans Nov. 15 elected Sen. Trent Lott (Miss.) to be Minority Whip in the 110th Congress. Lott reportedly defeated Sen. Lamar Alexander (Tenn.) by a single vote. Lott was removed from the top Senate Republican leadership job four years ago because of remarks considered racially insensitive.

Lott will be the GOP's second-in-command to Sen. Mitch McConnell (Ky.), who was elected unanimously to be the Senate minority leader in the new Congress. Senate Republicans also elected Sen. Jon Kyl (Ariz.) as GOP Conference Chair; Sen. Kay Bailey Hutchison (Texas) as Policy Committee Chair; Sen. John Cornyn (Texas) as GOP Conference Vice Chair; and Sen. John Ensign (Nevada) to chair the Republican Senatorial Committee.

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

AHRQ Announces Safety Simulator Grants

The Agency for Healthcare Research and Quality (AHRQ) Nov. 14 announced it has awarded more than $5 million for 19 new grants under its "Improving Patient Safety Through Simulation Research" portfolio. The projects focus on assessing and evaluating the roles that simulation can play to improve the safe delivery of quality health care.

Medical simulation re-creates actual medical situations so health care providers can practice new procedures and techniques before performing them on patients. These projects will inform providers, health educators, payers, policy makers, patients, and the public about the effective use of simulation in preventing medical errors and improving patient safety.

AHRQ awarded grants to the following institutions:

  • The Children's Hospital of Philadelphia;
  • Cincinnati Children's Hospital and Medical Center;
  • Duke University;
  • Evanston Northwestern Healthcare;
  • Louisiana State University Health Sciences Center;
  • Oregon Health and Science University;
  • Scott and White Hospital (Texas);
  • Stanford University;
  • Washington University School of Medicine;
  • Yale University;
  • University at Buffalo-The State University of New York;
  • University of Alabama-Birmingham;
  • University of Chicago;
  • University of Colorado at Denver & Health Sciences Center;
  • University of Minnesota;
  • University of Pittsburgh; and
  • University of Washington.