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Washington Highlights: December 19, 2008

AAMC Outlines Policy Priorities for Presidential Transition

AAMC President and CEO Darrell G. Kirch, M.D., is submitting to President-elect Barack Obama and his transition team an outline of the association's policy priorities "to help fashion and implement solutions that will strengthen the health of our nation and its commitment to serving the public good."

The document provides an overview of academic medicine and acknowledges AAMC-member institutions' "significant role in the U.S. health care system," given their contribution to educating and training the physician workforce, providing quality health care, and discovering new knowledge through research. For example, the book notes that AAMC-member institutions provide a disproportionate share of all charity care. The document also highlights AAMC-members' substantial commitment to biomedical and other health care research; the document reports that the National Institutes of Health (NIH) invests nearly half of its $29 billion budget at medical schools and teaching hospitals.

The book organizes recommendations for the incoming administration - such as "predictable, regular expansion of the nation's investment in medical research," sustained support for graduate medical education through the Medicare program, and principles for health care reform - in four broad categories:

  • Academic Medicine and Health of the Nation;

  • Medical Education;

  • Medical Research; and,

  • Health Care

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

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

AAMC Urges NIH Funding in Stimulus

The AAMC joined with nearly 200 patient groups, scientific societies, research organizations and companies in a Dec. 16 letter to President-elect Obama endorsing a recommendation to include at least $1.2 billion in NIH funding in any immediate economic-stimulus effort, and to include this funding in the base for subsequent budget years.

The letter states, "Research contributes to the economic strength of the nation by creating skilled jobs in communities nationwide, new products, and improved technologies." The letter also notes, "The recent history of the NIH budget has hindered scientific discovery and is limiting the capacity of a key engine for today's innovation-based economy."

The groups also called on the President-elect to appoint a permanent NIH director "who understands the complexity and breadth of NIH's mission and who can help deploy scientific research investments wisely for maximum economic and health benefit."

The letter was organized through the Ad Hoc Group for Medical Research, which the AAMC cosponsors.

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

AAMC Comments on Physician Value Based Purchasing

The AAMC submitted a Dec. 16 comment letter to the Centers for Medicare and Medicaid Services (CMS) on issues regarding physician value-based purchasing (PVBP). Among the many comments submitted, the AAMC stated that any PVBP program should consider the mission of academic medicine and should adjust for the impact of teaching residents, conducting research, and providing specialized services.

The "Medicare Improvement for Patients and Providers Act of 2008" (P.L. 110-275) requires CMS to present a Physician Value Based Purchasing Plan to Congress by May 2010. To start the discussion, CMS released an issues paper and hosted a listening session on Dec. 9 [see Washington Highlights, Dec. 5]. CMS is asking for input on the PVBP objectives, assumptions, and design principles. In addition, CMS seeks input and feedback on how the program should be designed and implemented. As such, CMS poses many questions throughout the paper in the broad topic areas of measures, incentive structure, data strategy and infrastructure, and public reporting.

Information:
Mary Patton, Senior Specialist
AAMC Health Care Affairs
mpatton@aamc.org
(202) 862-6297

HHS Issues "Provider Conscience Regulation" Final Rule

The Department of Health and Human Services (HHS) Dec. 19 issued a final rule, "Ensuring that Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law." The rule grants HHS the authority to consider all legal options, including termination of funding, for health care entities that fail to provide necessary accommodations for employees, trainees, or volunteers that object to participate in medical services or procedures conflicting with their personal, moral or religious convictions. According to an HHS impact analysis, the rule has the potential to affect more than 570,000 health care entities [see Washington Highlights, Sept. 12].

The regulation takes effect Jan. 18, 2009, and requires written certification by Oct. 1, 2009, that recipients and sub-recipients of HHS funds operate in compliance with three existing federal statutes prohibiting individuals in the health care field from participating in actions they find religiously or morally objectionable (42 USC 300a-7, section 245 of the Public Health Service Act, and the Weldon Amendment to the FY 2008 Consolidated Appropriations Act). Complaints of discrimination addressed by the regulation will be referred to the HHS Office for Civil Rights.

The AAMC strongly opposed the proposed rule and submitted a Sept. 23 comment letter noting that there must be a "careful balance between the rights of the health care professional to avoid behavior that violates his/her moral code, and the right of the patient to receive legal health care services that are medically appropriate." The letter also points out that there exist times when the rights of the patient, who is in the more vulnerable position, must be given precedence.

Information:
Will Dardani, Constituent Services Specialist
AAMC Health Care Affairs
wdardani@aamc.org
(202) 828-0541

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

CBO Releases Two Health Care Studies

The Congressional Budget Office (CBO) Dec. 18 released two key studies focusing on health care issues. The first document titled, "Key Issues in Analyzing Major Health Insurance Proposals," focuses on large-scale proposals, provides extensive background information, and explains CBO's analysis of numerous issues in the health insurance system. It does not provide analyses of specific proposals; rather, it provides an overview of CBO's approach to major questions and issues. The second document titled, "Budget Options, Volume 1: Health Care," includes specific issues related to the financing and delivery of health care.

Both of these reports provide a foundation for the CBO's work in the next Congress. According to CBO Acting Director Robert A. Sunshine, "CBO will continue its own energetic research efforts and will follow carefully the research of other on health care issues."

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

Nuclear Regulatory Staff Support Options for Cesium Chloride

The Nuclear Regulatory Commission (NRC) Dec. 12 released a memorandum on the use of Cesium-137 Chloride, commonly used as a radiation source in medical and research applications. The memo, "Strategy for the Security and Use of Cesium-137 Chloride Sources," reports conclusions by NRC staff that use of cesium chloride ought to be continued, with greater emphasis on improving security of these sources rather than banning or phasing out their use. The NRC release notes that the commission itself has not yet voted on the staff recommendations.

The staff recommendations largely agree with views expressed by many medical and scientific organizations, including the AAMC [see Washington Highlights, Oct. 10], that underscored the benefits of these sources and the difficulty of replacing them. The organizations argued that for many research uses, no effective alternatives currently exist. Security improvements recommended by the staff include improvements in the built-in security of the irradiators at time of manufacture, better articulation of current security requirements, and active development of alternative forms of cesium sources that would be less dispersible in event of release.

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

IOM Issues Recommendations for Improving HHS, Health Care Workforce

The Institutes of Medicine (IOM) Dec. 12 released a series of recommendations for "improving the organization and operations" of the Department of Health and Human Services (HHS). The recommendations were part of a broad IOM assessment of HHS, as requested by the House Committee on Oversight and Government Reform.

Directed at Congress, the recommendations urge action to achieve greater departmental adaptability and accountability, a more efficient health care system, and a stronger health care workforce. For example, the report recommends:

  • Longer terms for the directors of the National Institutes of Health and Centers for Disease Control and Prevention;
  • An appointment process for senior-level officials that "protects the scientific and administrative integrity of major departmental units";
  • Establishing "a capability for assessing" the clinical and cost effectiveness of medical interventions and procedures;
  • Assuring that reimbursement policies are outcomes-based;
  • Innovative programs and benefits" to encourage "talented" and "experienced" individuals to transition between government and private sector service;
  • New programs that "invest in the future generation of biomedical and health services researchers"; and
  • A "new compact" between Congress and HHS that allows the department greater flexibility yet requires greater accountability.

The report addresses HHS's role in bolstering the health care workforce in chapter 5, noting the drastic decline in funding for Title VII health professions programs and that "HRSA's workforce training programs may at present be an undervalued asset." Recommendations include:

  • Directing HHS to "develop a comprehensive national strategy to assess and address current and projected gaps in the number, professional mix, geographical distribution, and diversity" of the health care workforce; and
  • Directing HHS to "evaluate existing health care professional training programs, continued education programs, and graduate medical education funding and encourage Congress to invest in programs with proven effectiveness."

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

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

HHS Describes New HIT Privacy Principles

The Department of Health and Human Services (HHS) Dec. 15 unveiled a new "toolkit" designed to help ensure that consumer health information remains safeguarded as health information technology becomes more prevalent. Identifying eight privacy principles, HHS Secretary Mike Leavitt noted the need for "finding the balance between increased access to information and privacy" and predicted that "over time, consumer confidence in the handling of health information is likely to grow just as consumer confidence in online banking has grown," provided the appropriate privacy protections are in place.

The guidelines recommend:

  • Individual access to personal health information in a readable form and format;
  • A timely means for consumers to dispute and correct erroneous personal health information;
  • Information about the policies and practices related to the collection, use and disclosure of personal health information;
  • Individual choice about with whom, when, and how personal health information is shared;
  • Limitations on the collection, use and disclosure of personal health information (however, the guidelines specify that with the proper precautions, collecting and analyzing health care data should be encouraged as a public good);
  • Reasonable assurances that those who hold records maintain data integrity, even in situations when the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule does not apply;
  • Reasonable administrative, technical, and physical safeguards; and,
  • Accountability for those who put consumers' personal health information at risk.

The HHS Office of Civil Rights (OCR) also published new HIPAA Privacy Rule guidance documents as part of the toolkit. The OCR guidance seeks to describe "how the Privacy Rule can facilitate the electronic exchange of health information."

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

President-elect Announces Arne Duncan as Secretary of Education

President-elect Barack Obama Dec. 16 announced Arne Duncan as his choice for Secretary of Education. Duncan is the Chief Executive Officer of the Chicago Public Schools and currently serves on the Board of Overseers at Harvard University, his alma mater. At the announcement, Secretary-designate Duncan said in his remarks, "Whether it's fighting poverty, strengthening the economy or promoting opportunity, education is the common thread."

On the Hill

President-elect Barack Obama nominated three current Members of Congress to his Cabinet this week. The President-elect Dec. 17 announced Senator Ken Salazar (D-Colo.) as his choice for Secretary of the Interior. Colorado Governor Bill Ritter (D) will name a successor to fill Senator Salazar's seat through 2010. Senator Salazar currently serves on the Senate Finance Health Subcommittee, as well as the Senate Agriculture; Nutrition and Forestry; Energy and Natural Resources; Select Ethics; and, Special Aging Committees.

President-elect Obama Dec. 19 named Rep. Hilda Solis (D-Calif.) to lead the Department of Labor. Once she vacates her seat, Governor Arnold Schwarzenegger (R-Calif.) will have 14 days to call a special election. Rep. Solis serves on the House Energy and Commerce Health Subcommittee, the Natural Resources Committee, and the Select Committee on Energy Independence and Global Warming. She also chairs the Congressional Hispanic Caucus' Task Force on Health and the Environment.

Also on Dec. 19, the President-elect nominated Rep. Ray LaHood (R-Ill.) as Secretary of Transportation. Rep. LaHood is retiring from Congress this year after 14 years in the House.