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Washington Highlights: March 28, 2008

Medicare Trustees Report Issues Funding Warning for Second Consecutive Year

The Medicare Board of Trustees March 25 released its annual report on the current status and projected financial condition of the Medicare program, triggering a funding warning for the second consecutive year.

The trustees report that hospital insurance (Medicare Part A) spending this year will begin exceeding tax revenues received by the federal government and the hospital insurance trust fund will be depleted by 2019, as predicted in the 2007 report. According to the trustees, the rapid increase in health care costs is due to continued growth in the volume and medical intensity of services, an aging population, and the introduction in 2004 of the Medicare prescription drug benefit.

Pursuant to the 2003 Medicare Modernization Act (MMA, P.L. 108-73), a funding warning is triggered when the trustees make a determination in 2 consecutive annual reports that general revenue will make up more than 45 percent of total Medicare financing within a 7-year period. A funding warning first was issued last year because the trustees found that in both 2006 and 2007 general revenues would exceed 45 percent of total Medicare financing by 2012 and 2013 respectively. The warning was issued again in this year's report because the trustees determined that once again general revenues will exceed the 45 percent threshold. When a funding warning is issued, the MMA requires that the Administration make a proposal to bring the funding level below 45 percent. Congress is required to consider - but does not necessarily have to take action on - the Administration's proposals.

In response to last year's funding warning, the President's FY 2009 budget request proposed to reduce program spending by charging higher-income beneficiaries more for their Medicare prescription drug coverage, introducing more efficiency and consumer control to the program, and capping medical malpractice awards [see Washington Highlights, Feb. 8]. The President also has proposed reductions in provider payments once spending exceeds the 45 percent threshold.

Upon release of the report, Secretary of Health and Human Services Mike Leavitt responded, "We need to act quickly and effectively to address Medicare's fiscal health, including enacting the steps proposed in the President's budget, which would postpone the insolvency date of the Part A trust fund for ten years."

The statement also included Treasury Secretary and Managing Trustee Henry Paulson's warning that "If we do not take action soon to reform Social Security and Medicare, the coming demographic bulge will jeopardize the ability of these programs to support people who depend on them. Without changes, rising costs will drive government spending to unprecedented levels, consume nearly all projected federal revenues and threaten America's future prosperity."

However, House Ways and Means Health Subcommittee Chair Pete Stark (D-Calif.) also released a March 25 statement, noting, "The trigger is an arbitrary threshold designed to scare people into thinking we can't afford to continue Medicare as an entitlement. The fact is that we can't afford not to."

Information:
Diana Mayes, Specialist
AAMC Health Care Affairs
dmayes@aamc.org
(202) 828-0498

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

Committee to Probe Breakdowns in NIH Security

Rep. John D. Dingell (D-Mich.), chair of the House Committee on Energy and Commerce, and Rep. Bart Stupak (D-Mich.), chair of the Subcommittee on Oversight and Investigations, announced March 24 they are opening an investigation into operations within the Department of Health and Human Services (HHS) and the National Institutes of Health (NIH) following the theft of a government laptop containing sensitive medical information of 2,500 patients enrolled in an NIH study.

The Washington Post reported March 24 that the laptop was stolen from the locked trunk of the car of a researcher employed by the National Heart, Lung, and Blood Institute (NHLBI) on Feb. 23, but the NIH did not send letters notifying the patients until March 20. The patients' personal and medical information contained on the laptop was not encrypted, in violation of the government's data-security policy.

"The stunning failure to act, by both NIH and HHS, raises troubling questions," said Dingell. He noted the committee will seek "information to determine what safeguards are in place, where the system broke down and how best to fix it." He added the committee will examine whether NIH Institutional Review Boards (IRBs) "have policies in place to address this type of security breach."

According to a March 24 statement by NHLBI Director Elizabeth G. Nabel, M.D., the information on the laptop pertained to about 2,500 participants in a cardiac MRI study conducted between 2001 and 2007 and included each participant's name, birth date, hospital medical record number, and data contained in MRI reports such as measurements and diagnoses. The laptop contained no additional medical information on participants beyond the MRI reports and no additional information such as social security numbers, addresses, phone numbers, or any financial information.

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

Representatives Introduce Bill Requiring Drug Company Payment Disclosures

Representatives Peter DeFazio (D-Ore.) and Pete Stark (D-Calif.) March 13 introduced the "Physician Payments Sunshine Act" (H.R. 5605), which will require drug and medical device manufacturers to disclose their payments to physicians. The legislation will require drug, device, or medical supply manufacturers that receive payments through Medicare, Medicaid, or the State Children's Health Insurance Program (SCHIP) to disclose to the Secretary of Health and Human Services, on a quarterly basis, anything of value given to doctors, such as payments, gifts, honoraria, or travel. Companies also must submit annual summaries of the information reported.

The bill requires companies with $1 million or more in annual gross revenues to report the name of the physician, the address of the physician's office, the value and the date of the payment or gift, its purpose, and what, if anything, was received in exchange. If a payment or other transfer of value was provided to an entity that the physician is employed by, has tenure with, has a significant ownership interest in, or to an organization in which the physician has a significant professional membership interest in, the company must report the entity and its primary place of business or headquarters. The bill also requires the companies to disclose any payments to fund research (such as lab-based or health services research) or general funding for clinical trials (but only those trials that must be posted on clinicaltrials.gov). Companies that knowingly fail to report are subject to penalties ranging from $10,000 to $100,000 for each violation.

The bill also requires the Secretary to establish no later than June 1, 2009, procedures to ensure that the information and summary reports submitted are readily accessible to the public through an internet website that is easily searchable, downloadable, and understandable.

In addition, the measure places a limitation on tax deductions for advertising by manufacturers of drugs and medical devices. The bill stipulates that any manufacturer that incurs during the taxable year a penalty related to its quarterly transparency reports, lose its previously allowed tax exemption for marketing.

This legislation is similar, but not identical to, legislation (S. 2029) introduced in the Senate by Senators Chuck Grassley (R-Iowa) and Herb Kohl (D-Wis.) in Sep. 2007 [see Washington Highlights, Sept. 14, 2007]. A side-by-side comparison of the bills is available online.

The House bill currently has 11 cosponsors, and has been referred to the Committee on Energy and Commerce and the Committee on Ways and Means. The corresponding bill in the Senate has 5 cosponsors and has been referred to the Committee on Finance.

Information:
Abigail Schopick, Legislative Analyst
AAMC Government Relations
aschopick@aamc.org
(202) 828-0525

AAMC Issues Medical Home Position Statement

The AAMC March 25 issued a formal position statement on the "medical home" model of care, which is intended to help patients navigate the health system and access preventive and acute care in a coordinated manner. The position statement was developed and proposed by the AAMC Advisory Panel on Health Care, composed of representatives from within and outside the AAMC.

The statement describes that in the medical home model of health care delivery, the ongoing relationship between care provider and patient is essential. Additionally, the medical home ensures around-the-clock access to medical consultation, respect for a patient's cultural and religious beliefs, and the comprehensive coordination of a patient's care among providers and community services.

The AAMC position statement affirms the following principles:

  • Every person should have access to a medical home - a provider or team of providers to help patients navigate the system - with which there is a continuous relationship.
  • Further research and evaluation of the medical home model is needed, and more evidence must be gathered on how best to implement the model.
  • Payment for the medical home model should recognize and reward providers appropriately for prevention, care delivery, and coordination.
  • Health care providers should be trained to understand and implement the medical home model within a team environment.
  • The AAMC should work with medical schools and teaching hospitals to develop a better understanding of how the medical home model can be adopted in academic and community settings.

In its 2006 Statement on the Physician Workforce, the AAMC called for an expansion of medical education and training in the U.S. to ensure that human resources are available to care for a growing population of aging and chronically ill citizens. However, the Association and its members have issued the "medical home" statement as part of their recognition that adequate human resources are only the first step to improving the health of communities; and that patients must be able to access effective care for both prevention and treatment.

Information:
Atul Grover, M.D., Ph.D., Chief Advocacy Officer
AAMC Government Relations
agrover@aamc.org
(202) 828-0410