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Washington Highlights: April 11, 2008

AAMC Testifies on VA Physician Recruitment and Retention

On behalf of the AAMC, John A. McDonald, M.D., Ph.D., April 9 testified at a Senate Committee on Veterans Affairs (VA) hearing entitled "Making the VA the Workplace of Choice for Health Care Providers." Dr. McDonald is the Vice President for Health Sciences and Dean of the University of Nevada School of Medicine and a member of the AAMC VA-Deans Liaison Committee. In his testimony, Dr. McDonald stressed the importance of VA's academic affiliations, graduate medical education, and research opportunities. Committee members agreed that greater loan repayment for service at the VA would be a valuable recruitment incentive.

Committee Chair Daniel Akaka (D-Hawaii) noted that Congress had given VA research a large increase in FY 2008 and thanked Sen. Patty Murray (D-Wash.) for her work in securing those funds as a member of the Senate Appropriations Committee. Sen. Akaka also noted that the VA Committee had recommended an equally large increase for FY 2009. Ranking Member Richard Burr (R-N.C.) lauded the success of academic affiliations, and stated, "VA's high quality research can only result from these partnerships."

Jennifer L. Strauss, Ph.D., Assistant Professor in Psychiatry and Behavioral Sciences, Duke University Medical Center, testified on behalf of the Friends of VA Medical Care and Health Research (FOVA) coalition, noting the scarcity of adequate VA research facilities. The AAMC is a member of the FOVA executive committee.

Information:
Matthew Shick, Legislative Analyst
AAMC Government Relations
mshick@aamc.org
(202) 828-0525

Subcommittee Passes Bill Extending Medicaid Moratorium

The House Energy and Commerce Subcommittee on Health April 9 passed by voice vote an amendment in the nature of a substitute to the AAMC-supported "Protecting the Medicaid Safety Net Act of 2008" (H.R. 5613). The substitute was offered by Committee Chair John Dingell (D-Mich.) and preserves language that would prohibit, until April 1, 2009, any actions by the Centers for Medicare and Medicaid Services (CMS) related to the Medicaid GME proposed rule, the Medicaid Cost Limit/Unit of Government ("IGT") final rule, and five other recently issued Medicaid rules.

According to Chairman Dingell, the substitute represents an "agreement" with committee Republicans, who believed the original bill language would prohibit any action to identify and resolve fraud and abuse. Ranking Subcommittee Member Nathan Deal (R-Ga.) stated that ongoing investigations by the Government Accountability Office GAO) and Health and Human Services Inspector General indicate "well-documented" and "serious" problems in the Medicaid program that require corrective action.

To address the Republican concerns, the substitute bill would:

  • Limit the moratorium to the seven Medicaid regulations identified by the bill;
  • Require by July 1, 2008, a report from the Secretary of Health and Human Services that justifies each regulation;
  • Require by March 1, 2009, an independent study assessing the state-by-state impact of each regulation; and
  • Increase funding for Medicaid fraud and abuse initiatives by $25 million annually, effective FY 2009.

Following Chairman Dingell's remarks on the substitute, Ranking Committee Member Joe Barton (R-Texas) expressed "confidence" that the new language "may" help avert a veto threat from President Bush. However, the subcommittee could not secure a roll call vote on the substitute bill, which would have placed Republicans on record as supporting the moratorium. Rep. Dingell plans a full committee mark-up of H.R. 5613 during the week of April 14, and to move "expeditiously" to a vote on the House floor.

The cost of the bill, which is estimated at $1.7 billion, is offset partially by expanding a Republican-supported asset verification demonstration program for Medicaid applicants and beneficiaries. The cost also is offset by a one-time transfer of money from the Physician Assistance and Quality Improvement (PAQI) Fund in FY 2013. The PAQI Fund must be replenished the next year.

During the mark-up, Rep. Michael Burgess (R-Texas) urged his colleagues to consider Medicare-like legislation that establishes federal GME payments under Medicaid. He warned the subcommittee that Congress is not doing enough to invest in the training of physicians, and is ignoring a looming physician shortage. Additional information, including a webcast of the mark-up is available on the committee website.

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

MedPAC Passes Primary Care Payment, Medical Home Recommendations

At its April 9 and 10 meeting, the Medicare Payment Advisory Commission (MedPAC) continued its work on promoting the use of primary care by approving recommendations to increase payments for primary care practitioners and to implement a pilot program for "medical homes." The commission also approved a series of recommendations to move toward bundling Medicare payments for physician and hospital services. Additionally, the commission discussed public reporting of physician financial interests and reviewed the Centers for Medicare and Medicaid Services (CMS) estimate for the physician payment update for 2009. The recommendations and comments will appear in MedPAC's annual June Report to Congress.

In the first of two recommendations regarding primary care, the commission passed a recommendation to include a payment adjustment for services provided by "primary care-focused practitioners." The adjustment would be budget neutral; that is, it would be paid for by reducing payments for other physician services. The recommendation states that CMS will establish criteria for determining primary care-focused practitioners. Two commissioners, Karen R. Borman, M.D., and William J. Scanlon, Ph.D., voted against this recommendation, noting that it only would change the workforce by increasing the number of primary care physicians, but would not change the delivery system to increase coordination of care or to decrease the volume of services.

In a second primary care-focused recommendation, MedPAC unanimously recommended that Congress initiate a "medical home" pilot project. According to MedPAC, the purpose of a medical home entity would be to increase care coordination, including enhanced primary care, and improve care efficiency. Such an entity must be capable of furnishing primary care, conducting care management, using information technology for clinical decision support, and must have a formal quality program. MedPAC envisions the medical home would receive a monthly per beneficiary payment for medical home infrastructure and activities, and could still continue to bill separately for practitioner services. The recommendation also states that Medicare should provide timely data to the medical homes and that some type of pay-for-performance program also should be integrated in the pilot.

In an attempt to better align incentives around hospital services, MedPAC endorsed a series of recommendations on bundled payments for hospitals and physicians for services around a hospitalization. The first recommendation is for CMS to report confidentially resource use to both hospitals and physicians around select hospitalizations for two years. Public reporting would begin in the third year. The second recommendation provides an interim step toward bundled payments, stating that CMS should reduce payments for hospitals with relatively high readmission rates and allow for "shared accountability" (also referred to as gainsharing) between physicians and hospitals to encourage collaboration and better coordination of care. In addition, the Secretary should report within two years the feasibility of broader approaches, such as virtual bundling, for "encouraging effectiveness" around a hospitalization. In the final recommendation, CMS should set up a voluntary pilot to test the feasibility of implementing an actual bundled payment system for hospital and physician services around a hospitalization.

MedPAC continued its review of publicly reporting physicians' financial relationships with manufacturers, hospitals, and ambulatory surgical centers (ASCs). No recommendations were made, but a chapter on this topic will appear in the June report. MedPAC also indicated that it would continue working on this topic in the fall.

As mandated by law, MedPAC staff presented an overview of CMS's estimate for the physician services for 2009. CMS estimates the 2009 update to be negative 5.4 percent.

Other items discussed at the MedPAC meeting include:

  • Revised prospective payment system for skilled nursing facilities;
  • Employer group Medicare Advantage plans;
  • Producing comparative-effectiveness information;
  • Accountable care organizations;
  • Consumer education campaigns; and
  • Content and quality of hospice care.

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

Mary Patton, Senior Policy Analyst
AAMC Health Care Affairs
mpatton@aamc.org
(202) 862-6297

Senators Urge Title VII Restoration

A total of 49 Senators signed an April 4 letter that urges restored funding of the Title VII health professions programs to the FY 2005 level of $300 million. Senators Jack Reed (D-R.I.) and Pat Roberts (R-Kan.) organized the letter, addressed to Labor, Health and Human Services, and Education Appropriations Subcommittee Chair Tom Harkin (D-Iowa) and Ranking Member Arlen Specter (R-Pa.). The letter notes that "dramatically reduced funding" levels for the programs have had a "devastating effect on the country's neediest communities." Representatives Diana DeGette (D-Colo.) and Cathy McMorris Rodgers led a March 14 companion letter in the House, which gathered 131 signatures [see Washington Highlights, March 21].

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

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

IRS Releases Draft Instructions, Worksheets for Schedule H

The Internal Revenue Service (IRS) April 7 released the draft Form 990 instructions, including draft instructions and worksheets for Schedule H [see Washington Highlights, Jan. 18]. Hospitals, defined by the IRS as "a facility that is, or is required to be, licensed or certified in its state as a hospital," use Schedule H to report charity care and other community benefits. For the 2008 tax filing year, hospitals only are required to complete Part V, Facility Information, of Schedule H. All other parts will be required for 2009.

The IRS is inviting comments from the public through June 1, 2008, and intends to publish final instructions and worksheets at the end of 2008.

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

NIH Center for Research Resources Posts Strategic Plan

The National Institutes of Health (NIH)'s National Center for Research Resources (NCRR) April 8 posted its draft strategic plan for 2009-2013 and seeks public comment. The NCRR supports major programs for development of shared infrastructure and vital national resources, including primate and other animal facilities, instrumentation and biotechnology centers, research at minority institutions, regional centers of excellence, and clinical research resources such as the Clinical and Translational Science Awards (CTSA, initiated under the NIH Roadmap). In her message welcoming public comments, NCRR Director Barbara Alving, M.D., said that NCRR also would be developing an implementation progress report in the coming weeks. The deadline for public comments is April 23.

Information:
Irena Tartokovsky, Clinical Research Program Manager
AAMC Biomedical and Health Sciences Research
itartakovsky@aamc.org
(202) 862-6134

On the Hill...

Former state lawmaker Jackie Speier (D-Calif.) April 10 was sworn in to the U.S. House of Representatives. Rep. Speier succeeds Rep. Tom Lantos (D), who succumbed to esophageal cancer earlier this year.

Rep. Albert Wynn (D-Md.) April 9 resigned from the House Committee on Energy and Commerce, two months before his resignation from the House is scheduled to take effect. In February, challenger Donna Edwards defeated Rep. Wynn in Maryland's Democratic primary.