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Washington Highlights: October 10, 2008

NIH Reduces Non-Competing Grant Awards under the Current Continuing Resolution

The National Institutes of Health (NIH) Oct. 2 announced that until complete funding FY 2009 is enacted, NIH will issue non-competing research grant awards at a level below that indicated on the most recent Notice of Award (generally up to 90 percent of the previously committed level). Currently, NIH is funded under a continuing resolution that extends through March 6, 2009 [see Washington Highlights, Sept. 26]. NIH will consider upward adjustments to these levels after the final FY 2009 appropriation is enacted.

Information:
Tony Mazzaschi, Senior Director
AAMC Scientific Affairs
tmazzaschi@aamc.org
(202) 828-0059

AAMC Submits Comments on Cesium-137 Irradiators

The AAMC joined with the Federation of American Societies for Experimental Biology (FASEB) Oct. 10 in a letter asking the Nuclear Regulatory Commission (NRC) to proceed slowly in developing regulations that might lead to a ban the use of radioactive cesium-137 chloride in research and clinical applications. On July 31, the NRC published a request for comments in the Federal Register (73 Fed. Reg. 44780) on the extent to which the medical and research communities rely on cesium irradiators and the potential impact a ban on these sources might have.

The NRC has been assessing security concerns about the use of radionuclide sources for several years. Moreover, in February 2008 a National Academies panel commissioned by Congress recommended that use of cesium-137 chloride be discontinued given that the compound is highly dispersible and would be almost impossible to remediate if it were intentionally released in the environment by terrorists. The cesium-137 isotope has a half-life of more than 30 years. The NRC also held a well attended workshop on the cesium issue on Sept. 29-30.

The AAMC, FASEB, and other organizations noted that cesium source irradiators are still widely and productively used in research and clinical applications. For some types of research (including some research projects relevant to homeland security), there currently is no effective substitute. For other types of research, alternative radiation sources-where they do exist-are often less reliable, more difficult to use and more costly. In scientific investigation, switching to alternative sources would also make comparisons with controls and baseline data far more difficult. But the central argument of the AAMC-FASEB letter against an immediate ban is the concern that no system or plan currently exists for removing and storing existing cesium sources in a secure national repository. Several institutions reported extensive investment over recent years to improve security of irradiation facilities, including background checks for all personnel, 24-hour surveillance, and provisions for armed response in the event of unauthorized intrusion. The associations have therefore requested increased support for improving security of these facilities and support for development of alternative forms of cesium-137 that are less dispersible in the environment. The AAMC and FASEB also requested that any further proposal for disposition of these sources go through regular rulemaking with sufficient time for public comment.

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

MedPAC Considers Recommendations on Public Reporting of Physician's Financial Interests

At its Oct. 2 meeting, the Medicare Payment Advisory Commission (MedPAC) considered draft recommendations to Congress that would require a broad array of manufacturers to publicly report information on their financial relationships with physicians and other recipients of payments from them, including teaching hospitals, medical schools, professional organizations, and organizations that sponsor continuing medical education. The draft also would require the Centers for Medicare and Medicaid Services (CMS) to report on the prevalence of financial relationships between hospitals and physicians or other entities. The commission acknowledged that some of these relationships can lead to important advances in science, technology, and patient care and should be preserved. However, the commission also noted that these relationships can create conflicts of interest for physicians, undermine objectivity, and increase costs.

The commission actively debated the types of relationships that should be reported publicly, whether there should be full or partial preemption of state laws, and the extent of detail that should be provided to the public. The commission's discussion gave special attention to whether samples should be treated differently from other pharmaceutical and device manufacturers transfers to physicians. The threshold for reporting and whether or not physicians' financial relationships with entities in addition to hospitals and ambulatory surgery centers should be the subject of reports also received special attention.

Commission staff will revise the draft recommendations based on the Oct. 2 discussion and will resubmit recommendations to the commission at a future meeting. If ultimately approved by MedPAC, the recommendations will appear in the Commission's March 2009 Report to the Congress.

The transcript of the discussion, as well as the presentation slides can be found on MedPAC's website.

Information:
Susan Ehringhaus, Sr. Director & Regulatory Counsel
AAMC Biomedical Health Sciences Research
sehringhaus@aamc.org
(202) 828-0543

MedPAC Panel Addresses Medical Education Training

At its Oct.2 meeting, the Medicare Payment Advisory Commission (MedPAC) heard from a three-person panel on the topic "Is medical education training our physicians for health care delivery in the 21st century?" Over the last several years, the commission has expressed concern that while Medicare provides significant funding to teaching hospitals for their teaching and clinical care missions, there is little accountability for how those funds are used. MedPAC also has raised the question whether future physicians are being trained to be leaders in shaping and implementing needed changes in the health care delivery system.

Panel members comprised:

  • Thomas Nasca, M.D., CEO of the Accreditation Council for Graduate Medical Education (ACGME), who discussed the role of the ACGME and new approaches for residency accreditation, including the need to focus more on outcomes of residency education and the educational experiences and rotations that will produce those outcomes;
  • Michael Whitcomb, M.D., former Vice President of Medical Education at the AAMC, who noted the importance of not only residency training, but also the need to provide better systems to assist practicing physicians in maintaining clinical competence; and
  • Benjamin Chu, M.D., President of Kaiser Permanente Southern California Region, who discussed the importance of information technology (HIT) in creating highly functioning systems and then asked the question "do you reform medical education to produce drivers for systems change, or do you actually try to change systems to pull the training programs to a point where you're requiring them to train people to function in a high performance system?"

The commission plans to have further discussions on this topic at upcoming meetings. The transcript of the panel discussion, as well as the presentation slides can be found on MedPAC's website.

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

Sunny Yoder, Director of Resident Affairs
AAMC Health Care Affairs
syoder@aamc.org
(202) 828-0497

NIH Announces New Policy on Amended Applications

The National Institutes of Health (NIH) Oct. 8 announced a major change in its policy on the submission of amended grant applications. Beginning with original new applications and competing renewal applications submitted for the Jan. 25, 2009, due date and beyond, the NIH will accept only a single amendment to the original application. NIH says "It is expected that this policy will lead to funding high quality applications earlier, with fewer resubmissions."

In the transition, original new and competing renewal applications that were submitted prior to Jan. 25, 2009, will be permitted two amendments (A1 and A2). For these "grandfathered" applications, NIH will not accept A2 applications after Jan. 7, 2011.

This new policy applies to all grant applications, including applications submitted under the NIH Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, Career Development Awards, Individual Fellowships, Institutional Training Grants, Resource Grants, Program Projects, and Centers.

Information:
Tony Mazzaschi, Senior Director
AAMC Scientific Affairs
tmazzaschi@aamc.org
(202) 828-0059

NIH Responds to Comments on Public Access Policy and Implementation

The National Institutes of Health (NIH) Sept. 30 issued an analysis of comments submitted in response to a March 31 Request for Information on the Consolidated Appropriations Act of 2008 (P.L. 110-161) provision requiring "all investigators funded by the NIH [to] submit or have submitted for them to the National Library of Medicine's PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication…"

NIH reports that it received 613 unduplicated comments "from a broad cross-section of the public, including NIH-funded investigators, members of the general public, patient advocates, professional organizations, and publishers." NIH also reports that "Most comments offered broad support for the policy as written. Many comments requested a reduction in the delay period before papers can be made publicly available on PubMed Central. In some cases, commenters expressed concern about the Policy, others asked for clarification, and still others suggested alternatives to NIH's implementation."

NIH's response to the comments strongly defends its current policy. However, NIH modified several "Frequently Asked Questions" about the policy and changed the manuscript submission process as well as other program materials. NIH pointedly rejected suggestions that the implementation of the policy should have followed the Administrative Procedures Act. NIH said it "believes the initiation of notice and comment rulemaking to implement the new statute is unwarranted and contrary to the interests of science and the public health."

Information:
Tony Mazzaschi, Senior Director
AAMC Scientific Affairs
tmazzaschi@aamc.org
(202) 828-0059

HHS OIG Releases 2009 Work Plan

The Department of Health and Human Services (HHS) Office of the Inspector General (OIG) Oct. 1 issued its annual Work Plan for Fiscal Year 2009. The Work Plan describes on-going and new areas of OIG review. The OIG notes in the preamble that "over the last several years, we have allocated about 80 percent of our resources to reviews and investigations of the Medicare and Medicaid programs and 20 percent to HHS's public health and human services programs." Among the new projects this year will be a review of the Center for Medicare and Medicaid Services' (CMS) oversight of hospital compliance with the Emergency Medical Treatment and Labor Act of 1986 (P.L. 99-272, EMTALA). There will also be on-going and new reviews about the incidences of and payments for serious medical errors, known as "never events," in the Medicare population.

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