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Washington Highlights: January 25, 2008

AAMC Endorses Bipartisan Bill to Extend Medicaid Moratorium

The AAMC Jan. 17 sent a letter of support for bipartisan Senate legislation (S. 2460) that would extend by 1 year (until May 25, 2009) the current moratorium delaying (until May 25, 2008) implementation of the Medicaid proposed rule affecting graduate medical education (GME) payments [see Washington Highlights, Dec. 14, 2007]. The May 23, 2007 "GME Proposed Rule" prohibits federal Medicaid payments for GME.

Sent to bill sponsors Sens. Jeff Bingaman (D-N.M.) and Elizabeth Dole (R-N.C.), the letter explains that the "potential multi-billion dollar loss of Medicaid GME funding is of particular concern" to AAMC member organizations. The letter praises S. 2460 for extending the moratorium to ensure that Congress has sufficient time for "a careful analysis and thoughtful debate" on the GME Proposed Rule and other proposed changes to Medicaid policy.

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

Atul Grover, Assistant Vice President
AAMC Health Care Affairs/Office of Governmental Relations
agrover@aamc.org
(202) 828-0666

Report Evaluates NIH's Management of Conflict of Interest Regulations

The Office of Inspector General for the U.S. Department of Health and Human Services Jan. 17 issued a report on the National Institutes of Health (NIH)'s oversight of federal conflict of interest regulations for institutions that receive research grants. The Inspector General (IG)'s report comes from the review of more than 400 financial conflict of interest reports filed with NIH by research grantees for fiscal years 2004 through 2006. Based on that review, the IG recommends that the NIH: 1) increase oversight of grantee institutions to ensure compliance with federal financial conflicts of interest regulations; 2) require institutions to provide details of the nature of such conflicts and how they are managed, reduced, or eliminated; and 3) require the NIH's institutes and centers to forward all financial conflict of interest reports from grantee institutions to a centralized office and ensure that the information is maintained in an NIH database.

Calling the report "an important reminder that a robust, credible, transparent system" for monitoring potential conflicts of interest is essential to maintaining the public's trust, the AAMC issued support for 2 of the report's recommendations. The association joined the NIH, however, in rejecting the recommendation that would require the agency to become involved in research institutions' own management of specific conflict of interest cases in a manner that is "unfeasible and beyond the NIH's existing statutory authority."

Information:
Susan Ehringhaus, Associate General Counsel, Regulatory Affairs
AAMC Biomedical Health Sciences Research
sehringhaus@aamc.org
(202) 828-0543

Supreme Court Upholds Ruling on Tissue Repository

The U.S. Supreme Court Jan. 22 let stand a lower court ruling that tissue and blood samples donated for research by patients to Washington University School of Medicine in St. Louis belong to the institution and cannot be reclaimed by the donors. The original case, Washington University v. William J. Catalona, centered on whether tissue donors can reclaim or redirect already donated samples to another institution or specific researcher. A district court determined that donors voluntarily made an irrevocable gift of their biological samples to Washington University and, therefore, the specimens belonged to the school. That decision later was upheld unanimously by the 8th U.S. Circuit Court of Appeals, and the nation's highest court now has declined to hear further challenge. The AAMC and several medical research institutions supported Washington University in its case.

According to statement released by the medical school, "the decision will protect donors from unregulated and potentially conflicting solicitations for their donated tissues." Larry Shapiro, M.D., executive vice chancellor for medical affairs and dean of the medical school reiterated the university's intent to maintain access to the repository for researchers at other institutions on a peer review basis and to serve the goals of advancing prostate cancer research for which the repository was established.

Information:
Stephen Heinig, Senior Research Fellow
AAMC Biomedical Health Sciences Research
sheinig@aamc.org
(202) 828-0488

Susan Ehringhaus, Associate General Counsel, Regulatory Affairs
AAMC Biomedical Health Sciences Research
sehringhaus@aamc.org
(202) 828-0543

On the Hill

Rep. Jim Walsh (R-N.Y.) Jan. 24 announced he will retire at the end of his current term in Jan. 2009. Rep. Walsh currently serves as Ranking Member of the House Labor, Health and Human Services, and Education Appropriations Subcommittee. He also sits on the appropriations panel's subcommittee on Transportation, Housing and Urban Development, and Related Agencies.

Rep. Dave Weldon, M.D., (R-Fla.) Jan. 25 announced he will not seek reelection to an eighth term and intends to return to his medical practice at the end of this session. Rep. Weldon currently sits on the Labor, Health and Human Services, and Education Appropriations Subcommittee, as well as the State, Foreign Operations, and Related Programs Appropriations Subcommittee.

Rep. Richard Baker (R-La.) Jan. 18 submitted his resignation from the House of Representatives, effective Feb. 2. The lawmaker, who serves on the House Transportation and Infrastructure Committee and the Financial Services Committee, recently accepted a position to head a hedge fund trade group. Louisiana Gov. Bobby Jindal (R) has scheduled primaries for March 8, followed by a special election April 5. Louisiana voters also will choose on those dates a successor to Gov. Jindal's recently vacated House seat.