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Washington Highlights: March 23, 2007

AAMC Submits Comment Letter on Medicaid Cost Limit Proposed Rule

The AAMC March 19 submitted a comment letter to the Centers for Medicare and Medicaid Services (CMS) urging withdrawal of the Jan. 18 Medicaid Cost Limit proposed rule [see Washington Highlights, Jan. 19]. The letter points out that CMS offered neither data nor rationales justifying the new restrictions, and that many of the actions are not authorized under the current Medicaid statute.

In addition, the letter asks CMS to confirm that graduate medical education (GME) costs would be included in the determination of new facility-specific cost limits. It also requests that any regulatory initiative to reduce or eliminate federal matching payments for GME costs be issued as a separate and distinct rule, subject to notice and comment.

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

House Budget Panel Approves FY 2008 Resolution

The House Budget Committee March 22 approved its FY 2008 budget resolution on a 22-17 party line vote. The "Chairman's Mark" drafted by Committee Chair John Spratt (D-S.C.) fully funds the President's defense request and calls for $19 billion more in non-defense discretionary spending than requested by the Bush Administration.

The House budget rejects the Administration's proposals to reduce Medicare and Medicaid spending. Like the Senate Democratic plan approved by the Senate Budget Committee March 15 [see Washington Highlights, March 16], the House budget resolution includes a number of deficit-neutral reserve funds to support a range of initiatives, including up to $50 billion for reauthorization of the State Children's Health Insurance Program (SCHIP), provided funds are identified to offset the increased spending. It also provides for a deficit neutral reserve fund to improve the Medicare program, including "increasing the reimbursement rate for physicians while protecting beneficiaries from associated premium increases."

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

NIH Director Testifies on NIH Budget, Stem Cells

National Institutes of Health (NIH) Director Elias Zerhouni, M.D., told the Senate Labor-HHS-Education Appropriations Subcommittee March 19 that "it is clear today that American science would be better served and the nation would be better served if we let our scientists have access to more [human embryonic stem] cell lines." Dr. Zerhouni was responding to a question from Subcommittee Chair Tom Harkin (D-Iowa) regarding the Administration's current policy limiting the eligibility of human embryonic stem cell lines for federal research funding. Dr. Zerhouni lso noted that presentations about the potential of adult stem cells are "overstated." He told the subcommittee, " I think we do not know at this point where the breakthroughs will come from. I think scientists who work in adult stem cells themselves will tell you that we need to pursue as vigorously embryonic stem cells."

Dr. Zerhouni also testified about the potential of medical research. He told the subcommittee, "I think it is absolutely clear that the 21st century will be for the life sciences what the 20th century has been for the physical sciences. Mastery of the biological world will impact not just health, but also our ability to develop sensitive solutions to our environmental and energy challenges and will be, in my opinion, the key determinant of national competitiveness for the 100 years in front of us."

A panel of four scientists testified on the impact of the stagnant NIH funding in recent years. The panel included Brent Iverson, Ph.D., professor of organic chemistry and biochemistry, University of Texas at Austin; Joan Brugge, Ph.D., chair of cell biology, Harvard Medical School; Robert Siliciano, M.D., Ph.D., professor of medicine, Johns Hopkins School of Medicine; and Stephen Strittmatter, M.D., Ph.D., professor of neurology and neurobiology, Yale University School of Medicine. The scientists noted that flat NIH funding disrupts ongoing research, delays progress against a range of diseases, jeopardizes the future of young scientists, and threatens the nation's preeminence in biomedical science.

The scientists had participated in the development of a report entitled, "Within Our Grasp - Or Slipping Away? Assuring a New Era of Scientific and Medical Progress" that describes how progress has been slowed, and opportunities lost, in a number of areas of medical research. The report, which was developed by a coalition of nine major research universities and medical organizations, was publicly released at a press conference following the hearing.

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

Senate Supplemental Includes Medicaid, SCHIP, and Health-Related Provisions

The Senate Appropriations Committee March 22 passed its FY 2007 Iraq and Afghanistan supplemental appropriations bill that includes Medicaid and State Children's Health Insurance Plan (SCHIP) provisions of important to medical schools and teaching hospitals. The House Appropriations Committee March 15 passed its version of the supplemental bill [see Washington Highlights, March 16].

Specifically, the bill includes an amendment offered by Sen. Richard Durbin (D-Ill.) that would delay for 2 years implementation of the January 18 Medicaid Cost Limit/Unit of Government Proposed Rule. The amendment also delays for 2 years any proposal to restrict Medicaid funding for graduate medical education (GME). The amendment passed 18-11 and is paid for by altering an existing Medicaid program that requires brand name drug makers to provide a 15 percent rebate to the federal government on any drug it sells through the Medicaid program. Senator Durbin's amendment raises the rebate to 20 percent, a move that is estimated to generate $1.35 billion over 5 years.

In addition, the bill also includes $747 million in funding for the FY 2007 shortfall in the SCHIP.

Overall, the bill provides $121.664 billion for the wars in Iraq and Afghanistan, improving the health care for returning soldiers and veterans, continued Hurricane Katrina recovery for the Gulf Coast, homeland security, and emergency drought relief for farmers.

Other important health provisions include:

  • $870 million in emergency funding for pandemic flu activities at HHS, with $50 million directed to the vaccine compensation program;
  • $30 million for higher education institutions impacted by gulf hurricanes of 2005;
  • $30 million for VA research related to returning Operation Enduring Freedom and Operation Iraqi Freedom veterans and deployment health; and
  • Transfers some bioterrorism research funds from the National Institutes of Health to the new created Biomedical Advanced Research and Development Authority within the Department of Health and Human Services.

The Senate expects to take up the supplemental appropriations bill on the floor the week of March 26.

Information:
AAMC Government Relations

Congress, Health Groups Submit Comment Letters on Medicaid Proposed Rule

In a March 19 bipartisan comment letter to Secretary of Health and Human Services (HHS) Mike Leavitt, 60 Senators (including 17 Republicans) expressed "strong opposition" to the Jan. 18 Medicaid proposed rule and urged its immediate withdrawal [see Washington Highlights, Jan. 19].

The letter, which was circulated by Senators John Rockefeller (D-W.Va.) and Gordon Smith (R-Ore.), warned that the proposed rule "would usurp state flexibility and fundamentally alter the nature of state funding for the Medicaid program." It added that "the proposed rule has gone far beyond what is necessary to secure fiscal integrity," and expressed concern that such action "would have an adverse impact on system-wide health care needs, such as trauma care...and medical education."

A bipartisan group of 153 House members also submitted a March 19 comment letter to Secretary Leavitt. Circulated by Reps. Henry Waxman (D-Calif.), Jan Schakowsky (D-Ill.), Peter King (R-N.Y.), and James Walsh (R-N.Y.), the letter states that the Centers for Medicare and Medicaid Services (CMS) has "neither the authority nor the Congressional support" to implement the rule. The letter adds that "we question the wisdom of a policy change that will withdraw large amounts of federal and state Medicaid funds from institutions that play an essential part of [sic] the health care systems of our largest and most strategic cities."

A March 19 letter from the National Association of State Medicaid Directors (NASMD) urges Acting CMS Administrator Leslie Norwalk to "not move forward...without first obtaining and communicating additional information on the proposed rule's impact... and providing a more comprehensive regulatory analysis." The NASMD letter also requests "further clarification on the treatment of graduate medical education (GME) payments to providers and that such payments be considered outside of the currently proposed cost limit." According to the letter, "GME payments are one tool that has allowed states to become more prudent, farsighted purchasers of care. Many states recognize that support for GME is a valuable tool for meeting the future health care provider needs of Medicaid beneficiaries and the public in general."

In its March 19 comment letter to Administrator Norwalk, the National Governors Association states that the proposed rule "would further impede our progress in implementing reform options and expanding affordable health insurance coverage."

Information:
Christiane Mitchell, Director, Federal Affairs
AAMC Government Relations
cmitchell@aamc.org
(202) 828-0526

CMS Announces Rule on Medicaid Documentation for Newborns

Acting Centers for Medicare and Medicaid Services (CMS) Administrator Leslie Norwalk March 20 announced the anticipated release of an interim final rule modifying the Medicaid citizenship documentation requirements for certain newborns.

According to a press release from Administrator Norwalk's office, the interim final rule will assure that any newborn whose mother filed for Medicaid coverage of her delivery will automatically qualify for one year of benefits. Currently, this "deemed" status does not apply to newborns of certain non-citizens who qualify for emergency Medicaid services, such as labor and delivery.

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

House Letter Urges Title VII Restoration

A March 16 letter to the chair and ranking member of the House Appropriations Subcommittee on Labor, Health and Human Services, and Education and Related Agencies, signed by 98 Representatives, called for the restoration of the Title VII health professions programs to FY 2005 levels. As in years past, Rep. Diana DeGette (D-Colo.) organized the letter, and was joined by Rep. Cathy McMorris Rodgers (R-Wash.) and 12 other Republicans. The late Rep. Charlie Norwood (R-Ga.) had served as the lead Republican on this letter for the past several years.

The letter, addressed to subcommittee Chair David Obey (D-Wis.) and Ranking Member Jim Walsh (R-N.Y.), describes how "reducing this resource has already had devastating effects to the country's neediest communities," and urges the appropriators to enable grantees "to continue to improve the distribution, quality, and diversity of the health professions workforce" by restoring funding. A companion letter led by Senators Jack Reed (D-R.I.) and Pat Roberts (R-Kan.) is expected to begin circulating the week of March 26.

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

VA Research Lauded at House Appropriations Hearings

The House Appropriations Subcommittee on Military Construction and Veterans Affairs held hearings March 14 and 22 that examined the Department of Veterans Affairs (VA) research program. VA Chief Research and Development Officer Joel Kupersmith, M.D., testified at the March 14 hearing and highlighted the historical success of the program in spite of its modest funding. Chairman Chet Edwards (D-Texas) stressed the need for an additional $35 million proposed in the FY 2007 emergency supplemental for research on conditions prevalent among veterans returning from Iraq and Afghanistan. The supplemental was later approved by the House Appropriations Committee March 15 [see Washington Highlights, March 16].

At the March 22 hearing, public witness provided testimony on FY 2008 funding for the VA. A number of organizations praised the VA Medical and Prosthetic Research program, but stressed the need for increased funding to meet the needs of current and future veterans. Galen Toews, M.D., Associate Dean for Research and Graduate Studies, University of Michigan Medical School, presented testimony on behalf of the Friends of VA Medical Care and Health Research (FOVA). Dr. Toews outlined FOVA's recommendation of $480 million for VA Research, a $66 million (16 percent) increase, and an additional $45 million for research facilities improvement under the VA Minor Construction account. The AAMC is a member of the FOVA Executive Committee.

Organizations that echoed FOVA's' recommendations include the American Lung Association, American Psychiatric Association, American Psychological Association, American Thoracic Society, Fleet Reserve Association, National Association of Uniformed Services, Society for Investigative Dermatology, and the Independent Budget organizations. The second ranking Democrat on the Subcommittee, Rep. Sam Farr (D-Calif.), who chaired the hearing, commented that he was glad to hear witnesses supporting the same request and had never seen so many organizations on message.

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