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Washington Highlights: May 2, 2008

Senate Debates Medicaid Moratorium

Senate Majority Leader Harry Reid (D-Nev.) April 29 requested unanimous consent for a floor vote on House-passed legislation (H.R. 5613) to delay implementation of several Medicaid regulations, including the GME proposed rule and IGT final rule [see Washington Highlights, April 25]. Sen. Tom Coburn (R-Okla.) objected, thereby blocking consideration of the bill.

According to Sen. Coburn, "These rules will make a difference" in addressing Medicaid fraud and abuse. He suggested that the Senate "ought to negotiate" with the administration to "fix" problems with the regulations "rather than saying you are not going to do any of it." In his floor remarks, Majority Leader Reid stated that the Government Accountability Office (GAO) did not recommend the regulatory changes as a way to reduce Medicaid fraud and abuse. While he assured his commitment "to ferreting out any fraud and abuse that may exist in the Medicaid program," the Majority Leader advised that the regulations were "clearly not the way to accomplish this end."

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

Congress Clears Genetics Bill for President

More than a decade after it originally was introduced, Congress this week cleared the Genetic Information Nondiscrimination Act (GINA, H.R. 493) for the White House. The House May 1 approved, 414-1, the measure, which had been amended and approved unanimously by the Senate April 24. The President is expected to sign the bill.

GINA seeks to prohibit discrimination on the basis of genetic information with respect to health insurance and employment. In an April 16 letter to the Senate, AAMC President and CEO Darrell G. Kirch, M.D., noted that without federal legal protections against such discrimination, "individuals may refuse effective genetic tests or opt out of clinical trials" [see Washington Highlights, April 18].

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

HHS Extends Comment Period for HPSA/MUP Designation Rule

The U.S. Department of Health and Human Services (HHS) has extended to May 29 the public comment period for a new proposed rule that changes the methodology for designating federal health professions shortage and medically underserved areas. HHS proposed the rule Feb. 29 and originally provided a 60-day period for written comments. In response to requests for an extension, HHS pushed back the deadline an additional 30 days.

The notice of proposed rulemaking, "Designation of Medically Underserved Populations and Health Professional Shortage Areas; Proposed Rule" (73 FR 11232), revises and consolidates the criteria for designating medically underserved populations (MUPs) and health professional shortage areas (HPSAs) into a single new methodology called the Index of Primary Care Underservice.

According to an HHS press release, the revisions are intended to:

  • create a simpler system for those who seek designation by consolidating the two existing procedures and their sets of criteria;
  • incorporate better measures of health status and access;
  • improve identification of new, currently undesignated areas of need and currently designated areas no longer in need; and
  • minimize unnecessary disruption.

Currently, the MUP and HPSA designations are used to determine site eligibility for 30 or more federal programs, including a number of Health Resources and Services Administration (HRSA) Title VII grants, the National Health Service Corps, Center for Medicare & Medicaid Services (CMS) Rural Health Clinics, and J-1 visa waivers for international medical graduates (such as the Conrad State 30).

Additional information and HHS clarification of the proposed rule is available on the HRSA website. The AAMC is reviewing the proposed rule.

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

Rajeev Sabharwal, Senior Research Associate
AAMC Medical School Affairs
rsabharwal@aamc.org
(202) 828-0979

HHS Advisory Committee Issues Report on Genetic Testing Oversight

The Secretary's Advisory Committee on Genetics, Health, and Society (SACGHS) of the Department of Health and Human Services (HHS) April 30 issued its final report on genetic testing oversight. HHS Secretary Michael Leavitt charged the committee wi th the task in March 2007, and the committee chose to examine federal, state, and private-sector activities in the field.

In its report, the committee recommends enhancements in five areas:

  • Regulations on clinical laboratory quality;
  • The clinical validity of and appropriate use of genetic tests;
  • Transparency of clinical testing;
  • Gaps in the knowledge of the usefulness and impact of genetic tests; and
  • Education, training, and other tools for health professionals, the public health community, patients and consumers to interpret and communicate genetic test results.

The report also urges greater coordination across agencies and between public and private sector oversight activities. Further, the committee notes the increasing difficultly in distinguishing between genetic and other complex laboratory tests, and therefore applies several of its recommendations to lab tests generally.

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