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Washington Highlights: April 13, 2007

Senate Passes Stem Cell Legislation

The Senate April 12 passed (63-34) the "Stem Cell Research Enhancement Act of 2007" (S. 5), which would allow federal funding for research on new human embryonic stem cell lines, overturning President Bush's 2001 ban. Senators Christopher Dodd (D-Conn.), Tim Johnson (D-S.D.), and Mary Landrieu (D-La.) were not present for the vote, but are expected to support the measure. President Bush April 11 announced his intention to veto S. 5 should Congress approve it. In the Senate, 67 votes are needed to overturn President Bush's veto. Since the two Democrats who voted against the measure -Sens. Bob Casey (Pa.) and Ben Nelson (Neb.)- are unlikely to change their votes, the Democratic leadership and advocates of the bill will be seeking an additional Republican supporter.

S. 5 also authorizes appropriations for research "to develop techniques for the isolation, derivation, production, or testing" of pluripotent stem cells that "are not derived from a human embryo." This language was not included in the House version of the "Stem Cell Research Enhancement Act of 2007" (H.R. 3), passed Jan. 11 [see Washington Highlights, Jan. 12].

The Senate April 12 also passed (70-28) an alternative measure, the "Hope Offered through Principled and Ethical Stem Cell Research (HOPE) Act" (S. 30), that would fund human embryonic stem cell research that does not involve "the destruction or discarding of, or risk of injury to, a human embryo or embryos other than those that are naturally dead."

AAMC President Darrell G. Kirch, M.D., April 9 sent a letter to Senators in support of S. 5. The letter states, "The discovery of human pluripotent stem cells is a significant research advance and Federal support to American researchers is essential both to translate this discovery into novel therapies for a range of serious and intractable diseases, and to ensure that this research is conducted under a rigorous and credible ethical regime."

The House is expected to clear S. 5 after it returns from recess, but is unlikely to secure a veto-proof majority.

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

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

HHS Advisory Committee Releases Key Reports on Genomic Research

The Department of Health and Human Services' (HHS) Secretary's Advisory Committee on Genetics, Health and Society has released two reports to help guide genomic research and its application to public health. The first document, "Policy Issues Associated with Undertaking a New Large U.S. Population Cohort Study of Genes, Environment, and Disease," provides information that would help the HHS Secretary make a decision whether to pursue large population studies on gene-environment or gene-health interactions. The report, which is final, reflects comments from industry, patient advocacy, and academic organizations, including AAMC [see Washington Highlights, Oct. 27, 2006].

The second document is a draft, "Realizing the Promise of Pharmacogenomics: Opportunities and Challenges," that would assess the potential for genomics to improve productivity of the drug development pipeline, increase the safety and effectiveness of drugs by reducing adverse reactions, and allow for more efficient use of drugs in clinical and public health practice. The draft report also outlines and makes recommendations on issues associated with product development in pharmacogenomics and integration into clinical practice and public health. Public comments should be submitted to the HHS Advisory Committee by June 1.

Information:
Stephen Heinig, Lead Science Policy Analyst
AAMC Biomedical Health Sciences Research
sheinig@aamc.org
(202) 828-0488

House Committee Requests Study of Resident Work Hours

House Energy and Commerce Committee Chair John Dingell (D-Mich.), Ranking Member Joe Barton (R-Texas), Oversight and Investigations Subcommittee Chair Bart Stupak (D-Mich.) and Ranking Member Ed Whitfield (R-Ky.) sent a March 29 letter to the Agency for Health Research and Quality (AHRQ) requesting "the continued study of medical errors associated with physician and resident work schedules." The request, which was addressed to AHRQ's Center for Quality Improvement and Patient Safety Acting Director William Munier, M.D., is part of a committee investigation into preventable medical errors.

The committee members ask AHRQ "to assist us in ascertaining if the long work hours of physicians and residents...are among the most serious threats to patient care." They suggest that AHRQ fund an IOM study "similar in design" to the 2004 study of nurse work hours.

According to the letter, interest in the topic "was recently heightened" by an AHRQ-funded study published in the Public Library of Science. The study found that "sleep deprived and over-extended medical residents and interns" contributed to medical errors ("including death"). The letter adds that the "number of reported fatigue-related medical errors increased as the number extended duration shifts per month increased."

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

Grassley Requests GAO Study of Community Benefit Reporting by Nonprofit Hospitals

Senate Finance Committee Ranking Member Charles Grassley (R-Iowa) April 5 sent a letter to Comptroller General David Walker requesting that the Government Accountability Office (GAO) "conduct additional work on uncompensated care and other community benefits provided by nonprofit hospitals." Concerned that "the amount of uncompensated care provided by nonprofit hospitals is an imprecise measure of ... charity care," Sen. Grassley asks the GAO to examine community benefit guidelines used by the hospital community, as well as how hospitals "interpret and report" community benefit, uncompensated care, charity care, and bad debt.

Concerned by "alarming reports about the lavish lifestyle" of some nonprofit hospital executives and board members, Sen. Grassley also asks the GAO to review compensation levels. Additionally, he requests a GAO examination of nonprofit hospital executive and board member involvement in for-profit business ventures "that enrich these individuals to the detriment of the nonprofit hospital."

According to an April 5 press release from Sen. Grassley, the request is part of a "wide-ranging view of nonprofit practices to ensure that tax-exempt status results in public benefits."

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

NGA Adopts SCHIP Policy Position

The National Governors Association (NGA) April 9 adopted a policy position on the reauthorization of State Children's Health Insurance Program (SCHIP) that includes "adequate, predictable funding" and "enhanced flexibilities for states."

The NGA calls upon Congress to "act quickly to fill the fiscal 2007 shortfalls...prior to reauthorization." The governors also urge Congress to reauthorize the program "well before the end of the year," and to increase federal funding levels "to account for increased medical costs and population growth." Additionally, the NGA believes that the SCHIP funding formula should be "revisited" to "ensure that state programs have access to adequate funds."

According to the policy position, SCHIP reauthorization should provide greater program flexibility, and not "impose any new mandates or restrictions." Also under the NGA policy position, SCHIP enrollment outreach should be a state option, since such efforts increase Medicaid enrollment, "and therefore increased costs for states."

Authorization of SCHIP is scheduled to expire on Sept. 30.

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

CMS Issues Proposed Revisions to Medicare National Clinical Trial Policy

The Centers for Medicare and Medicaid Services (CMS) April 10 proposed revisions to the Medicare National Clinical Trial Policy, to be renamed the "Clinical Research Policy" (CRP). Since the September 2000 issuance of a National Coverage Decision (NCD), Medicare has paid for the routine costs of beneficiaries enrolled in qualifying clinical trials. The revised policy would pay for investigational treatments and services if they are covered by Medicare outside the clinical trial or are required in order to manage the patient's health within the study.

Among other revisions, the proposed CRP:

  • Adds a definition of research;
  • Requires the research study to be registered on the ClinicalTrials.gov website prior to the enrollment of the first study subject;
  • Renames "routine costs" to "routine clinical services" and recommends that this term be defined "as those items and services that are available to Medicare beneficiaries outside the study, but are not explicitly the item or service being evaluated for its effect on health outcomes (i.e., not the investigational item or services), only when those items and services are used for patient management within the study;" and
  • Requires research studies to have written protocols that "specify and fulfill" method and timing for public release of results, have "explicitly discussed inclusion criteria and considered relevant subpopulations (as defined by age, gender, race/ethnicity, socioeconomic, or other factors)," and contain a discussion of how the results will "generalize to the Medicare population."

CMS is requesting comments on the proposed revisions by May 10. The AAMC plans to submit a comment letter to the agency.

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

AAMC Submits Recommendations for HEA Reauthorization

AAMC President Darrell G. Kirch, M.D., April 12 sent a letter to House Education and Labor Committee Chair George Miller (D-Calif.) regarding reauthorization of the Higher Education Act (HEA). The letter outlines the AAMC's priorities and proposes legislative language to:

  • Extend the Economic Hardship Deferment to the length of a medical residency (currently the deferment is only available for 3 years); and
  • Increase federal subsidized Stafford loan limits from $8,500 to $12,000.

The AAMC also reiterates its concerns with language proposed last Congress to revise accreditation policy and procedure [see Washington Highlights, Nov. 18, 2005].

Current authority for HEA expired on Sept. 30, 2003; however, several extensions have been enacted, making no policy changes but allowing uninterrupted administration of the programs authorized under the law. The Senate Committee on Health, Education, Labor, and Pensions is expecting to markup a new reauthorization bill before the current extension's June 30 expiration. The House Committee on Education and Labor is planning a later mark-up that will require another temporary extension of HEA.

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