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Washington Highlights: January 30, 2009

House Approves Economic Recovery Package

The House of Representatives Jan. 28 approved, 244-188, its version of an economic recovery package that includes $3.9 billion for the National Institutes of Health (NIH) and additional funding for other Public Health Service agencies, a retroactive moratorium on the FY 2009 Medicare indirect medical education (IME) adjustment made under the capital reimbursement system, a short-term extension of the current "Medicaid Moratorium," and state Medicaid relief.

Upon passage of the "American Recovery and Reinvestment Act" (H.R. 1), AAMC President and CEO Darrell G. Kirch, M.D., praised the House for "including critical health care provisions to improve and protect the health of all Americans" in the package [see Washington Highlights, Jan. 23]. The statement thanks the House for "a critical down payment" toward "robust budget growth for the NIH that is sustainable and predictable." Dr. Kirch also expressed appreciation for the Medicare IME provision, describing it as "an important first step by House members to halt the elimination of these adjustments, scheduled for October."

Prior to the vote, the AAMC sent a Jan. 27 letter commending House Speaker Nancy Pelosi (D-Calif.) for the bill's "recognition of the role of America's medical schools and teaching hospitals in the nation's fiscal health."

Both the statement and the letter also laud the bill's "significant financial resources dedicated to Health Information Technology (HIT)," while expressing concern that some of the bill's privacy provisions may have "unintended, negative effects on the day-to-day operations of teaching hospitals and health systems."

The Senate has crafted its own version of the bill (see related stories). President Obama and Congressional leadership have stated they aim to complete work on the legislation by the week of Feb. 16.

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

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

Senate Panel Approves Economic Recovery Spending Bill

The Senate Appropriations Committee Jan. 27 approved the discretionary spending portion (S. 336) of the Senate's economic recovery package, the "American Recovery and Reinvestment Plan." The bill includes additional funds for the National Institutes of Health (NIH) and funding to address health professions workforce shortages, among other items.

As drafted, the bill provides $3.5 billion to NIH, with $2.7 billion to remain available until Sept. 20, 2010, through the NIH's Office of the Director (OD). Of the OD funding, $1.35 billion is to be transferred to NIH Institutes, Centers, and the Common Fund in proportion to the FY 2009 appropriation. The bill also provides $500 million designated for improvements to buildings and facilities on the NIH campus and $300 million to the NIH's National Center for Research Resources (NCRR) for "shared instrumentation and other capital equipment."

Additionally, the bill provides $700 million to the Agency for Healthcare Research and Quality (AHRQ) for comparative effectiveness research (CER), with $400 million to be transferred to the NIH OD to conduct or support comparative effectiveness research. As in the House version of the recovery package, the bill provides an additional $400 million for CER, to be allocated at the discretion of the Secretary of Health and Human Services (HHS).

At the mark-up, Senate Labor-HHS-Education Appropriations Subcommittee Ranking Member Arlen Specter (R-Pa.) announced plans to introduce an amendment to add $6.5 billion to the NIH total during floor consideration of the bill. He stated that he originally had planned to offer the amendment, which would provide a total of $10 billion to the NIH, in committee.

In addition to research funding, the bill provides $600 million to the Health Resources and Services Administration (HRSA) via transfer from the Public Health and Social Services Emergency Fund (PHSSEF), to remain available through Sept. 30, 2011. The bill directs that the funding be used to address health professions workforce shortages through scholarships and loan repayment, as well as "grants to training programs for equipment and activities to foster cross-state licensure agreements."

Specifically, the bill indicates funding may be used for the National Health Service Corps, Title VII Scholarships for Disadvantaged Students, Title VII Faculty Loan Repayment, Title VIII Nursing Loan Repayment and Scholarships, and such programs and activities authorized through the community health center program. The bill also directs $200 million of the funding be used "for extending service contracts and the recapture and reallocation of funds in the event that a participant fails to fulfill their term of service." Accompanying report language recommends that up to $5 million of the funds be used for cross-state licensing and telemedicine initiatives.

For pandemic influenza preparedness and response activities, the bill provides $870 million via transfer from the PHSSEF to any HHS account, "as determined by the Secretary to be appropriate."

The National Science Foundation (NSF) receives $1.2 billion for research and related activities, as well as $150 million for major research equipment and facilities construction and $50 million for education and human resources. The NSF funding is to remain available through Sept. 30, 2010.

The bill designates $430 million for the Department of Energy's Office of Science through Sept. 30, 2010.

The Senate Finance Committee has jurisdiction over Medicare and Medicaid provisions of the recovery package and also marked up recovery legislation Jan. 27 (see related story). The Senate is expected to combine the two bills before Senate floor consideration, and before the Senate package can be reconciled with the House version (see related story). President Obama and Congressional leaders have stated that the House-Senate compromise bill will be enacted by the week of Feb. 16.

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

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

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

IME Funds Restored Under Finance Committee's Economic Recovery Package

The Senate Finance Committee Jan. 27 approved, 14-9, economic recovery legislation that includes AAMC-supported language to reverse retroactively the 50 percent cut to Medicare's Fiscal Year (FY) 2009 capital indirect medical education (IME) payments. Contained in the committee's portion of the "American Recovery and Reinvestment Act of 2009," the language would restore an estimated $175 million in FY 2009 funding for teaching hospitals. The IME provision was among several "modifications" added to the "Chairman's Mark" and was based on a bipartisan amendment filed by Sens. Charles Schumer (D-N.Y.), Pat Roberts (R-Kan.), Ron Wyden (D-Ore.), and Debbie Stabenow (D-Mich.).

A summary of the legislation includes additional provisions of interest to medical schools and teaching hospitals:

  • A temporary (Oct. 1, 2008, to Dec. 21, 2010) 5.6 percent increase in the federal medical assistance percentage (FMAP) for all states, with additional funding available to certain states with high unemployment rates;
  • " A retroactive extension of the temporary increase in disproportionate share hospital (DSH) allotments for "low-DSH" states established by the "Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003" [P.L. 108-173]; and
  • " Nearly $20 billion in incentives to promote the adoption and use of health information technology.

According to Finance Committee Chair Max Baucus (D-Mont.), the Finance and Appropriations Committees' bills (see related story) will be combined for consideration by the full Senate.

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

Senate Passes CHIP Reauthorization Legislation

The Senate Jan. 29 approved, 66-32, an amended version of the House's recently passed "Children's Health Insurance Program Reauthorization Act of 2009" (H.R. 2) [see Washington Highlights, Jan. 16]. This legislation reauthorizes the Children's Health Insurance Program (CHIP) through Sept. 30, 2013. Current authorization for CHIP expires on March 31, 2009.

The $32.8 billion legislation will continue to cover as many as 6.7 million children currently enrolled in CHIP and expand new health coverage to an estimated 4.1 million additional low-income, uninsured children. Senate Finance Committee Chair Max Baucus (D-Mont.) said after the legislation passed, "CHIP works to get low-income, uninsured kids to doctors' visits and medicines they need to stay healthy, and approval of this bill opens the door of the doctor's office to millions of children who live without proper health care today."

The House and Senate now must merge their bills in conference, with the major difference being a prospective prohibition on self-referrals to physician-owned hospitals. Upon completion of this process, the bill will be sent to President Obama, who has promised to sign the CHIP bill into law.

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

On the Hill . . .

Vice President Joe Biden Jan. 27 administered the oath of office to Sen. Kirsten Gillibrand (D-N.Y.). New York Governor David Paterson appointed the second-term Congresswoman to fill the seat vacated by former Sen. Hillary Rodham Clinton's appointment as Secretary of State. Gov. Paterson will call a special election to determine the successor to New York's 20th District House seat.