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Washington Highlights: June 6, 2008

Congress Adopts FY 2009 Budget Resolution

The House and Senate gave final approval to the FY 2009 budget plan this week, allowing appropriators to move forward with work on the 12 annual spending bills.

The House June 5 approved the conference agreement for the FY 2009 Budget Resolution (S. Con. Res. 70, H. Rept. 110-659), 214-210, with 14 Democrats joining all 196 voting Republicans in opposing the measure.

The Senate had voted, 48-45, to approve the conference agreement a day earlier. Maine Republican Senators Olympia Snowe and Susan Collins broke ranks with their party to support the budget plan, while Senator Evan Bayh (Ind.) was the lone Democrat to oppose the measure. Due to the absences of Senators Ted Kennedy (D-Mass.) and Robert Byrd (D-W.Va.), Senators John Warner (R-Va.) and Pete Domenici (R-N.M.) withheld their opposing votes.

House and Senate negotiators had released details of the conference agreement May 20 [see Washington Highlights, May 23]. The budget plan includes approximately $21 billion more for non-defense discretionary (appropriated) spending than requested by the President, an increase of slightly more than 2 percent. The budget resolution also rejects the Administration's proposed cuts to Medicare and Medicaid and does not include reconciliation instructions.

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

AAMC Urges Congress to Block Scheduled Elimination of Capital IME Payments

AAMC President and CEO Darrell G. Kirch, M.D., sent a May 30 letter urging Congress to block regulatory action to eliminate the indirect medical education (IME) adjustment for teaching hospitals made under the Medicare capital reimbursement system. Medicare's FY 2008 Inpatient Prospective Payment System (IPPS) final rule establishes a 50 percent cut to the capital IME adjustment in FY 2009 and completely eliminates the adjustment in FY 2010. Under this rule, teaching hospitals will lose an estimated $530 million over 2 years ($176 million in FY 2009 and $354 million in FY 2010). The AAMC had outlined its strong opposition to these cuts in a Nov. 20, 2007 comment letter to Acting CMS Administrator Kerry Weems.

The May 30 letter - to House Ways and Means Committee Chair Charles Rangel (D-N.Y.), Ways and Means Health Subcommittee Chair Pete Stark (D-Calif.), and Senate Finance Committee Chair Max Baucus (D-Mont.) - states that the cuts would "directly affect Medicare beneficiaries by significantly reducing funding for institutions that serve their unique and often complex needs." According to the letter, "the elimination of these payments threatens the fiscal viability of teaching hospitals because they serve a high volume of Medicare beneficiaries and provide many services unavailable elsewhere in the community." Additionally, since "CMS has not provided any analyses of the effect that the cuts may have on critical services provided to Medicare beneficiaries or others in the community, or their potential effect on medical education or research …. at a minimum, CMS must allow for sufficient time to thoroughly study the impact of such cuts."

Information:
Travis W. Crytzer, Legislative Analyst
AAMC Health Care Affairs/Government Relations
tcrytzer@aamc.org
(202) 828-0418

Supplemental Spending Negotiations Continue

Negotiations on a supplemental spending package to fund military operations in Iraq and Afghanistan continued this week, as House Democratic leaders worked to resolve disagreements over the size and cost of domestic spending provisions in the bill.

The House is considering the measure after the Senate May 22 added $10 billion in discretionary spending over the President's request to the version the House had approved May 15 [see Washington Highlights, May 23].

House Majority Leader Steny Hoyer (D-Md.) reportedly told reporters June 4 that negotiators may remove some spending added by the Senate, such as a proposed 13-week extension of unemployment insurance benefits.

Among other provisions, the Senate package includes $1.2 billion in FY 2008 funding for science programs, with $400 million for the National Institutes of Health (NIH). AAMC President and CEO Darrell G. Kirch, M.D., sent a June 2 letter to all Representatives urging support for the NIH funds included in the Senate package.

Both the House- and Senate-approved versions of the bill also include AAMC-supported provisions to prohibit until April 1, 2009, any CMS action on the Medicaid GME proposed rule and the Medicaid final rule regarding cost limits/units of government ("IGT final rule").

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

HHS Provides Second Extension of HPSA Rule Comment Period

The Department of Health and Human Services (HHS) June 2 announced a second 30-day extension of the proposed rule, "Designation of Medically Underserved Populations and Health Professional Shortage Areas" (73 FR 21300) [see Washington Highlights, May 2]. AAMC President and CEO Darrell G. Kirch, M.D., May 15 sent a comment letter urging HHS to extend the comment period by at least 6 months and to convene a panel of affected stakeholders and community experts for a public discussion of the proposed new methodology.

In a May 23 letter to HHS Secretary Michael O. Leavitt, Senate Democrats urged HHS to provide an additional 120 days beyond the previous May 29 deadline for public comment. The letter also requests that the Health Resources and Services Administration (HRSA) provide states -at least 45 days prior to the comment period deadline- additional analysis of the proposed rule, including:

  • An up-to-date state by state analysis of the proposed rule's impact on currently-certified Rural Health Clinics.

  • A state by state analysis of the number of people living in and physicians practicing in, areas that will lose geographic HPSA designations and areas that will gain new geographic HPSA designations. The letter notes a particular interest in the impact on the primary care physicians who currently receive MIP payments.

  • An analysis "that allows for identification of currently-designated HPSAs that shift from the highest to lowest quartiles."

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

House Panel Discusses HIT, Privacy Legislation

The House Energy and Commerce Health Subcommittee June 4 held a hearing to discuss an initial draft of health information technology (HIT) legislation that includes health information privacy and security provisions.

The draft legislation includes a set of grant programs to promote widespread adoption of electronic health records, codifies the Department of Health and Human Services (HHS)'s Office of the National Coordinator of Health Information Technology (ONCHIT), establishes 2 HIT advisory committees, and creates a demonstration program to integrate HIT into the clinical education of health care professionals. The privacy provisions would extend privacy requirements to business associates, require additional authorizations before patient information could be shared, and encourage usage of a "limited data set" for information sharing, rather than the current "minimum necessary" standard.

Committee Chair John Dingell (D-Mich.) and Subcommittee Chair Frank Pallone, Jr. (D-N.J.) emphasized at the hearing that the draft serves as a starting point for discussions with committee members and stakeholders. Committee Ranking Member Joe Barton (R-Texas) noted his concern that the bill does not go far enough in addressing health information security and suggested that the bill should formally define "privacy."

Two panels of witnesses included privacy advocates and industry representatives, as well as testimony from Agency for Healthcare Research and Quality Director Carolyn Clancy, M.D., and Deputy Director for Health Information Privacy at the HHS Office for Civil Rights Susan McAndrew, J.D.

A committee-prepared summary of the discussion draft is available on the Energy and Commerce website. Additional information on the hearing, including an archived webcast and witnesses' written statements, is also available online.

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