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Washington Highlights: February 2 , 2007

House Approves Year-Long CR, NIH Gets $620 Million Increase

The House of Representatives Jan. 31 approved a $463.5 billion full-year FY 2007 continuing resolution (CR) by a vote of 286-140. The CR (H.J.Res. 20) provides a $2.3 billion increase for programs under the Labor-HHS-Education Appropriations Subcommittee, including an increase of $619.5 million (2.2 percent) above the FY 2006 funding level for the National Institutes of Health (NIH). A summary released by House Appropriations Chair David Obey (D-Wis.) states the increase will support an additional 500 research project grants and 1,500 first time investigators. The CR includes a new $91 million fund within the Office of the Director (OD) of NIH to support new investigators.

The CR implements several changes that were mandated in the NIH Reform Act of 2006, which the President signed Jan. 15 (PL 109-687). The CR appropriates $483 million to the OD for the Common Fund. In prior years, NIH institutes and centers (ICs) contributed a uniform percentage of their appropriations to the Fund. The CR eliminates that transfer, which in FY 2006 was about 0.9 percent of the individual IC budgets.

The Common Fund includes $40 million for a new "Junior" Pioneer awards program, which will fund high-risk research with potentially high-impact returns. The remaining $443 million in the Common Fund is a $113 million increase over the FY 2006 level.

Most ICs appear to be level-funded with the FY 2006 base. However, since they no longer have to contribute to the Common Fund, they effectively will receive an increase of about 0.9 percent over FY 2006.

The resolution also includes $69 million, an increase of $58 million, for the National Children's Study. The Administration's FY 2007 budget had proposed eliminating the study because of its long-term cost.

When combined with the previously enacted FY 2007 defense and homeland security appropriations, the CR remains within the overall $873 billion spending cap, established by the Republican-led 109th Congress. As promised by Chairman Obey and Senate Appropriations Chair Robert Byrd (D-W.Va.), the final CR does not include earmarks for members of Congress.

In a Statement of Administration Policy (SAP) issued Jan. 30, the White House praised the CR for holding to the original FY 2007 spending ceiling without further reductions in defense spending and for the commitment to eliminate earmarks. However, the Administration expressed disappointment "with the structure of H.J.Res. 20 and the process used to create it." The White House noted the CR "uses a formulaic approach for much of the FY 2007 funding and fails to take into account funding for new priorities and opportunities for savings. As a result, certain high priority areas are not adequately addressed, and the Committee has missed the opportunity to achieve significant savings for the taxpayer…." The President is expected to sign the CR once it clears the Senate.

The Senate may begin consideration of the CR the week of Feb. 5. However, since the President's FY 2008 budget comes out Feb. 5, the CR may slip to the week of Feb. 12. Since amendments can be offered on the Senate floor, Senate action is expected to take several days. The current CR (PL 109-383) expires Feb. 15.

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

CR Increases FY 2007 Health, Research Funding

The year-long FY 2007 continuing resolution (H.J. Res 20) passed by the House Jan. 31 includes increases over FY 2006 funding levels for a number of discretionary programs of interest to medical schools and teaching hospitals.

The resolution provides $184.7 million for the Title VII health professions programs, a $39.5 million (27 percent) increase above the FY 2006 level of $145.2 million. The programs were funded at $300 million in FY 2005. The CR does not include the FY 2005 and 2006 rescissions from the Title VII student loan programs.

Title VII programs receiving increases in the CR include the geriatrics training programs, which were eliminated in FY 2006, and the primary care medicine and dentistry training programs. The resolution restores the geriatrics programs to their FY 2005 level with $31.5 million for FY 2007. The primary care medicine and dentistry training programs received $48.8 million for FY 2007, an $8 million (19.6 percent) increase above FY 2006. These programs received $88.8 million in FY 2005. The resolution specifies that no less than $24.6 million of the primary care and dentistry funding be for the family medicine programs, while $5 million is designated for pediatric dentistry and another $5 million for general dentistry.

Additionally, the resolution provides $1.2 billion for Ryan White CARE grants, an increase of $75.8 million (6.7 percent). According to a summary provided by the staff of Senate Appropriations Committee Chair Tom Harkin (D-Iowa), the increase will assist "states who are disadvantaged by the new formula in the reauthorized program."

The resolution also provides $160 million for the Public Health and Social Services Emergency Fund, of which $100 million is designated for CDC activities relating to pandemic flu and other emerging infectious diseases.

Research agencies listed under the President's American Competitiveness Initiative for basic scientific research also received a boost over FY 2006 levels. The resolution provides $4.7 billion for research and related Activities at the National Science Foundation, an increase of $335 million (7.7 percent), and the Department of Energy's Office of Science receives $3.8 billion, an increase of $200 million (5.6 percent). A Statement of Administration Policy issued Jan. 30 by the White House points out that H.J. Res 20 provides only half the requested increase for research and "strongly urges" Congress to provide the full increase requested in the President's budget.

The CR includes $32.1 billion for VA Medical Care, a $3.4 billion (12 percent) increase over FY 2006. VA Research is funded at the FY 2006 level of $412 million, but a 15 million "set-aside" for Gulf War Veterans Illness research under the VA Medical and Prosthetic Research program is eliminated.

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

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

Tannaz Rasouli, Senior Legislative Analyst
AAMC Government Relations
trasouli@aamc.org
(202) 828-0525

AAMC Commends Legislation to Support State Health Coverage Initiatives

The AAMC Jan. 23 sent a letter of support for the bipartisan, bicameral "Health Partnership Act" (S. 325/H.R. 506), which would establish a new grant funding mechanism for state, local, and Indian health coverage initiatives. Introduced by Sens. Jeff Bingaman (D-N.M.) and George Voinovich (R-Ohio), as well as Reps. Tammy Baldwin (D-Wis.), Tom Price (R-Ga.), and John Tierney (D-Mass.), the legislation is intended to promote the development of innovate coverage strategies. It also establishes a "State Health Innovation Commission" to identify which strategies could be implemented nationally.

In the letter, AAMC President Darrell Kirch, M.D., commends the legislation for "providing a unique opportunity to develop and evaluate state initiatives to cover the uninsured." He also applauds the bills for providing policy makers with "valuable information and insight as they work toward healthcare reform at the Federal level."

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

House Letter Urges Congressional Action to Stop Medicaid Proposed Rule

Reps. Anna Eshoo (D-Calif.) and Peter King (R-N.Y.) are circulating a Medicaid sign-on letter to the Chairmen and Ranking Members of the House Committee on Ways and Means and the House Committee on Energy and Commerce. The bipartisan letter urges Congressional action to stop implementation of a Jan. 18 proposed rule that would cut an estimated $3.87 billion in Medicaid funds.

The proposed rule would have an impact on providers by limiting Medicaid payments to public providers, narrowing the definition of "public providers," restricting sources that may be used to fund the non-federal Medicaid share, and requiring providers to retain the full amount of their Medicaid payments. Without congressional action, the rule will become effective Sept. 1, 2007.

Warning that the proposed rule would "likely increase the number of uninsured Americans" and "tie the hands of individuals and organizations that serve them," the letter calls for a "legislative proposal that will prevent the Centers for Medicare and Medicaid Services from moving forward with...this dangerous and unfair rule."

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

Senate Panel Approves Genetic Nondiscrimination Bill

The Senate Health, Education, Labor and Pensions (HELP) Committee Jan. 31 approved the Genetics Information Nondiscrimination Act (S. 358), by a vote of 19-2, clearing the bill for expected passage by the full Senate. Similar bills have passed the Senate in 2003 and 2005. The legislation forbids health insurers and employers from requiring individuals to submit to genetic testing, or from using genetic information to make insurance or employment decisions. AAMC President Darrel G. Kirch, M.D., Jan. 23 sent letters of support to the bill's sponsor Sen. Olympia Snowe (R-Maine), and Senate HELP Committee Chair Edward Kennedy (D-Mass.) and Ranking Member Mike Enzi (R-Wyo.).

The House Education and Labor Subcommittee on Health, Employment, Labor and Pensions Jan. 30 held a hearing on the House bill (H.R. 493) [see Washington Highlights, Jan. 19]. The bill's sponsors, Reps. Louise Slaughter (R-N.Y.) and Judy Biggert (R-Ill.), testified on the importance of protecting genetic information to ensure individuals will not be dissuaded from taking genetic tests. While the bill previously has stalled in the House due to the business community's concern for increased lawsuits, it is expected to pass the Democratic-controlled House this year. The President has stated his support for the bill.

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

Administration Sets New Procedures for Guidance Documents

The Administration has issued new guidelines for federal agencies that produce "significant guidance documents." The new rules, issued by an executive order and by the Office of Management and Budget (OMB), require that guidance documents produced by government agencies be reviewed first by the OMB to ensure that the documents are consistent with applicable law, the President's priorities, and other principles set forth by the Administration. The new guidelines also will require that all significant guidance documents be subject to public notice and comment; however, government agencies will not be required to respond formally to these comments, as is the case when regulations are proposed. These changes will be effective 180 days after publication in the Federal Register.

Many Federal agencies have used guidance documents to provide information requested by the regulated community more quickly than could be done through a formal rulemaking. The new requirements are likely to slow their issuance. The AAMC submitted a comment letter in January 2006 recommending that senior agency officials, not OMB, be responsible for approving significant guidance documents and for establishing approval procedures [see Washington Highlights, Jan. 20, 2006]. According to the letter, "these officials are accountable for the responsiveness of the agency and best understand the role of guidance in the context of the policies and mission of these agencies."

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