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Washington Highlights: July 6, 2007

AAMC Comments on CMS Clinical Research Policy

The AAMC June 27 sent a second letter to the Centers for Medicare and Medicaid Services (CMS) regarding the agency's proposed clinical research policy (CRP). The AAMC believes the proposed CRP "will impose a barrier to Medicare beneficiaries' access to clinical trials and will put institutions that conduct the trials at risk of violating Medicare payment rules." The letter reflects additional concerns noted in an informal survey of the AAMC membership. AAMC encourages CMS to clarify current policy and allow "for payment of 'standard of care' services to beneficiaries enrolled in clinical trials even if those trials do not meet the criteria that would qualify them for Medicare payment for routine costs."

The AAMC May 8 previously commented on the proposed CRP [see Washington Highlights, May 18].

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

IRS Issues Proposed Revisions to Form 990

The Internal Revenue Service (IRS) June 14 released for public comment a draft of a redesigned Form 990, filed by many tax exempt organizations. The AAMC is reviewing the revisions and plans to submit comments.

Hospitals that file a Form 990 will be required to complete a new Schedule H, which attempts to collect for the first time information on the community benefit that the hospitals provide. Under this provision, "health professions education" and "research" are considered community benefits.

Schedule H also requests information on:

  • billing and collection practices;

  • management companies and joint ventures;

  • general information on exempt activities and community needs assessment; and

  • identification of all the facilities an organization operates for the provision of hospital or medical care.

Among other schedules of interest are a revised Schedule J, which would require additional information from highly compensated individuals, and the new Schedule K for tax exempt bonds, which adds use and investment of proceeds information and relationships with outside advisors. Medical schools that currently file a Form 990 under Part V of Schedule A will now file under an identical Schedule E.

In a May 25 letter to Treasury Secretary Henry Paulson, Senate Finance Committee Chair Max Baucus (D-Mont.) and Ranking Member Charles Grassley (R-Iowa) urged the Treasury Department to update the Form 990 as part of an effort to improve transparency in the nonprofit sector [see Washington Highlights, June 1].

The IRS intends to finalize the forms later this year and have them ready for use for the 2008 filing year (returns filed in 2009). Comments must be received by Sept. 14.

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

CMS Releases Proposed 2008 Medicare Physician Fee Schedule

In its proposed rule for the 2008 Medicare Physician Fee Schedule, released July 2, the Centers for Medicare and Medicaid Services (CMS) estimates that the 2008 conversion factor used to calculate payments for physician and other services will decrease by 9.9 percent. Fee schedule payments are calculated using geographic-adjusted relative value units (RVUs) for physician work, practice expense, and malpractice expense base units and multiplying the sum of RVUs by the dollar-based conversion factor. The formula for calculating updates to the conversion factor is set in law and cannot be modified without legislative action by Congress.

For the 2007 fee schedule, CMS performed a mandated 5-year review of the physician work RVUs. Due to an increase in total work RVUs and the requirement to maintain budget neutrality, CMS deflated the new work RVU values by 10.1 percent for payment calculations. In the 2008 proposed rule, CMS has accepted revised work values for services previously deferred for additional review. Among the new changes, work value units associated with anesthesia services increase 32 percent. Because of an additional increase to the physician work RVUs, CMS proposes to increase the work RVU adjustment deflation factor from 10.1 percent to 11.8 percent to maintain budget neutrality.

Other items in the rule include:

  • updates to the geographic cost price index (GPCI) resulting from a 3-year mandated review; and

  • funding for 2008 physician payment and quality initiatives using the $1.35 billion pool created in the Tax Relief and Health Care Act of 2006 (P.L. 109-432).

CMS will accept comments on the rule until Aug. 31.

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 Panel Approves Bill to Rename NIAAA, NIDA, NICHD

The Senate Committee on Health, Education, Labor, and Pensions (HELP) June 27 approved a bill (S. 1011) to rename three institutes of the National Institutes of Health (NIH). In an effort to recognize addiction as a chronic disease, the bill renames the National Institute on Alcohol Abuse and Alcoholism (NIAAA) as the "National Institute on Alcohol Disorders and Health." Additionally, the bill proposes that the National Institute on Drug Abuse (NIDA) change to the "National Institute on Diseases of Addiction." The committee also adopted an amendment to rename the National Institute of Child Health and Human Development (NICHD) as the "Eunice Kennedy Shriver National Institute of Child Health and Human Development," in recognition of Mrs. Shriver's role in the creation of NICHD. The bill was introduced March 28 by Sens. Joe Biden (D-Del.), Edward Kennedy (D-Mass.), Michael Enzi (R-Wyo.), and Tom Harkin (D-Iowa).

A companion bill (H.R. 1348), sponsored by Reps. Patrick Kennedy (D-R.I.) and John Sullivan (R-Okla.), awaits consideration by the House Committee on Energy and Commerce. The House bill redesignates NIAAA and NIDA.

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