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Washington Highlights: February 27, 2009

White House Unveils FY 2010 Budget Overview

The Office of Management and Budget Feb. 26 released a "FY 2010 Budget Overview" document, outlining the Obama Administration's fiscal policies and major budgetary initiatives. The full, detailed FY 2010 budget is expected this spring.

The budget overview assumes $675 billion in non-defense discretionary spending, including $78.7 billion for the Department of Health and Human Services (HHS), a $1.4 billion (1.7 percent) decrease below the FY 2009 comparable estimate. The overview notes that the American Recovery and Reinvestment Act (ARRA, P.L. 111-5) provides an additional $22.4 billion in FY 2009 and FY 2010 spending for HHS [see Washington Highlights, Feb. 13].

Within the HHS total, the budget overview highlights a number of health initiatives, including $6 billion for cancer research at the National Institutes of Health (NIH), "as part of the Administration's multi-year commitment to double cancer research funding." The budget overview also "expands research comparing the effectiveness of medical treatments," to build upon comparative effectiveness research supported through ARRA, though no specific recommendation is included.

Additionally, the budget overview recommends $330 million "to address the shortage of health care providers in certain areas." Specifically, the document highlights loan repayment programs for physicians and other health professionals serving in underserved areas, nursing school capacity, and dental workforce development grants. The document also notes that "The Budget's new resources will sustain the expansion of the health care workforce funded in the Recovery Act."

In addition, the budget overview document emphasizes the role of investing in science as a means of bolstering the economy, and vaguely outlines a plan to double over 10 years funding for basic research through the National Science Foundation (NSF), the Department of Energy's Office of Science, and the National Institute of Standards and Technology (NIST). The overview assumes $7.0 billion for NSF in FY 2010, emphasizing support for early-career researchers, high-risk research, and climate change research and education.

With respect to education, the budget overview indicates that all new loans will be originated through the Direct Loan program, while using private providers to service those loans. The administration estimates this will save more than $4 billion annually, which will be reinvested into student aid. Further, the budget overview proposes to modernize the Perkins Loan program.

The overview document also articulates 8 principles to guide health care reform efforts. The document establishes a $634 billion reserve fund (over 10 years) intended to finance certain "reforms to our health care system" that control costs, expand access, and improve quality. The cost of the non-binding reserve fund is partially offset by improving health care quality (e.g., reducing hospital readmission rates), reforming the Medicare payment system (e.g., reducing Medicare "overpayments" to private insurers), and reducing income tax deductions for high-income individuals. The overview doucment also states that "the Administration would support comprehensive, but fiscally responsible" changes to the Medicare physician payment formula.

AAMC President and CEO Darrell G. Kirch, M.D., issued a Feb. 26 statement praising the administration's focus on health care reform as a top priority. Concurring with the outlined reform principles, Dr. Kirch encouraged the administration to "preserve the greatest strengths of our current system," noting, "We agree with the need to reduce waste and inefficiency in our system, but at the same time, these savings should not undermine the ability of our teaching hospitals and physicians to care for their communities."

The Ad Hoc Group for Medical Research also issued a statement, applauding the president for recognizing the value of science investments in improving both the nation's economic strength and quality of life. Expressing thanks for the $10.4 billion for NIH in ARRA, the statement emphasizes that "The next step is to build on this investment through predictable and sustained, long-term growth in NIH funding in the FY 2010 budget and beyond."

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

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

House Approves FY 2009 Funding

The House Feb. 25 approved, 245-178, a $410 billion omnibus bill (H.R. 1105) to complete work on the nine FY 2009 appropriations bills that were not finished by the 110th Congress. Most domestic federal programs have been operating under a continuing resolution (P.L. 110-329) that expires on March 6. The Senate is scheduled to consider the omnibus bill the week of March 2.

The Labor, Health and Human Services (HHS), Education, and Related Agencies portion of the bill (Division F) provides $151.8 billion in funding for FY 2009, a $6.7 billion (4.6 percent) over the FY 2008 comparable funding level.

National Institutes of Health: The bill includes $30.317 billion for NIH, an increase of $937.5 million (3.2 percent) over the FY 2008 comparable. An accompanying explanatory statement notes the bill "provides funding for a 2 percent increase in the average cost of new and competing as well as non-competing grants." The extramural salary cap is retained at Executive Level I, which is $196,700 for 2009. The explanatory statement also states, "NIH is encouraged to take steps to accelerate implementation of its conflict of interest policy for contract staff."

Health Professions: The bill provides $222 million for Title VII, representing a $48 million (14.3 percent) increase over FY 2008. Within the total, the bill boosts the Centers of Excellence to $20.6 million (an $8 million, 61.3 percent, increase) and nearly doubles funding for the Health Careers Opportunity Program to $19.1 million (a $9 million, 94.7 percent, increase). The bill includes $48.5 million for Primary Care Medicine and Dentistry (a $0.5 million, 0.9 percent, increase), $32.5 million for Area Health Education Centers (a $4 million, 15.5 percent, increase), $13.9 million for Allied Health (a $5 million, 57.8 percent, increase), and $9 million for Public Health (a $0.7 million, 8.8 percent, increase).

All the Title VIII nursing education programs are increased for a total $171 million in the omnibus, $15 million (9.6 percent) more than in FY 2008.

National Health Service Corps: The omnibus provides $135 million for the National Health Service Corps, an increase of $11.5 million (9.3 percent) over FY 2008.

Children's Hospitals Graduate Medical Education: The omnibus provides $310 million for the Children's Hospitals Graduate Medical Education program, an increase of $8.4 million (2.8 percent) over FY 2008.

Agency for Healthcare Research and Quality: For FY 2009, the omnibus provides $372 million in program level funding for AHRQ, an increase of $37.5 million (11.2 percent) over FY 2008. The funding level includes $50 million designated for clinical effectiveness research, a $20 million (66.7 percent) increase.

National Research Service Awards (NRSA): The omnibus preserves for FY 2009 the NIH's authority to transfer 1 percent of its budget for National Research Service Awards (NRSA) to the Health Resources and Services Administration and AHRQ.

Centers for Disease Control and Prevention: The omnibus includes $6.670 billion for CDC, providing a $239 million (3.7 percent) boost. The bill maintains funding for public health research at the FY 2008 level of $31 million.

Education: The omnibus includes $67 million for Perkins Loan cancellations, $2.8 million (4.4 percent) above the FY 2008 level. The bill level funds the Federal Work Study program at $980.5 million. Under the "Higher Education Opportunity Act" (P.L. 110-315), up to 25 percent of federal work study funds can be transferred to the Perkins Loan program.

In other portions, the omnibus increases funding for the Food and Drug Administration to $2.1 billion (a $335 million or 19.4 percent increase), and the National Science Foundation (NSF) to $6.5 billion (a $363 million or 5.9 percent increase over funding provided in FY 2008). The NSF total includes $5.2 billion for research and related activities, a $339 million (7 percent) increase.

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

Harkin, Specter Introduce Stem Cell Legislation

Long-time champions of stem cell research Senators Tom Harkin (D-Iowa) and Arlen Specter (R-Pa.) Feb. 26 introduced legislation to expand the eligibility for federal funding for embryonic stem cell research. Section 2 of the "Stem Cell Research Enhancement Act of 2009" (S. 487) is identical to legislation (H.R. 873) introduced Feb. 4 by Reps. Diana DeGette (D-Colo.) and Mike Castle (R-Del.) [see Washington Highlights, Feb. 20]. This legislation is similar to legislation passed by the 110th Congress but vetoed by President Bush [see Washington Highlights, June 22, 2007].

S. 487 also authorizes the federal government to "conduct and support basic and applied research to develop techniques for the isolation, derivation, production, or testing of stem cells that, like embryonic stem cells, are capable of producing all or almost all of the cell types of the developing body… but are not derived from a human embryo." The bill calls for NIH to develop guidelines governing research involving pluripotent stem cells not derived from human embryos.

Senators Edward Kennedy (D-Mass.), Orrin Hatch (R-Utah), Dianne Feinstein (D-Calif.,), and Harry Reid (D-Nevada) are original co-sponsors of S. 487.

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

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

Grassley Reintroduces False Claims Act Revisions

Senator Charles Grassley (R-Iowa) Feb. 24 reintroduced legislation to amend the Federal False Claim Act (FCA). Supporters of the "False Claims Clarification Act of 2009" (S. 458) say it is needed to correct recent decisions by various federal courts that have limited the scope and application of the FCA through interpretations that are contrary to the original congressional intent of the 1986 amendments to the statute.

The bill is similar to legislation (S. 2041) approved unanimously by the Senate Judiciary Committee in the 110th Congress [see Washington Highlights, April 4, 2008]. In a statement introducing the bill, Senator Grassley said, "I believe this version of the bill not only clarifies the original intent of the 1986 amendments but also makes a number of modifications that strengthen the False Claims Act and will help the Government recover taxpayers' dollars lost to fraud and abuse for years to come." The AAMC opposed the previous bill because of the demonstrated effectiveness of the current legislation.

The most significant change is the new bill would retain the existing language in the False Claims Act to calculate monetary liability at three times the amount "of damages which the Government sustains because of the act of that person." The previous bill would have calculated the liability at three times the total "amount of money or property paid or approved because of the act of that person."

S. 458 also would impose additional reporting requirements on the Department of Justice.

Senate Majority Leader Dick Durbin (D-Ill.), Judiciary Chair Patrick Leahy (D-Vt.), Judiciary Ranking Member Arlen Specter (R-Pa.), and Judiciary Administrative Oversight and the Courts Subcommittee Chair Sheldon Whitehouse (D-R.I.) are original co-sponsors of the bill.

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

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

Finance Committee Hearing Focuses on CBO Health Care Reform Options

The Senate Finance Committee Feb. 25 held a hearing on the Congressional Budget Office (CBO) scoring options for health care reform [see Washington Highlights, Feb. 13]. "Comprehensive health reform is no longer simply an option. It's an imperative," stated Finance Committee Chair Max Baucus (D-Mont.) in his opening statement. Although expanding health insurance to all Americans is a top priority, Baucus added that quality of care, affordable coverage, and cost containment are essential to achieving health care reform.

CBO Director Douglas W. Elmendorf outlined numerous options for controlling cost, expanding coverage, and improving quality. One such option is moving the payment system away from a fee-for-service system to one that provides greater incentives to control costs and reward value. Another area of concern was uncompensated care and cost shifting. By expanding coverage to all Americans, CBO Director Elmendorf stated, "Hospitals and doctors would experience a decline in uncompensated care or an increase in their revenues from insured patients and in response would have to lower the fees they charge private health plans." Elmendorf concluded that overall, patients and providers alike need stronger incentives to control costs and improve quality and value.

At the conclusion of the hearing Chairman Baucus stated, "CBO's work will make or break" health care reform efforts, to which Director Elmendorf responded that the hard decisions must be made by Congress with CBO providing the data upon which to base their choices. Chairman Baucus acknowledged that both CBO and the Congress will be responsible for the hard decisions surrounding health care reform, and that it will be an ongoing process.

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

NCRR to Host CTSA Videocast

The National Institutes of Health (NIH) Feb. 25 announced plans to coordinate a March 5 pre-submission videocast for the NIH National Center for Research Resources (NCRR) Clinical and Translational Science Award (CTSA) program. During the videocast, NCRR and other NIH staff will explain the goals and objectives of the CTSA program and will discuss changes to the CTSA Request for Applications (RFA). Prospective applicants may submit questions through a live event feedback form or can watch an archived copy of the videocast online.

Information:
Irena Tartakovsky, Senior Science Policy Analyst
AAMC Biomedical and Health Sciences Research
itartakovsky@aamc.org
(202) 862-6134

President Names New HRSA Administrator

President Barack Obama Feb. 20 announced the appointment of Mary Wakefield, Ph.D., R.N., FAAN, as administrator of the Health Resources and Services Administration (HRSA). Most recently, Dr. Wakefield was the Associate Dean for Rural Health at the University of North Dakota School of Medicine and Health Sciences, where she was a tenured professor and Director of the Center for Rural Health. She has served as a member of the Medicare Payment Advisory Commission and the Department of Veterans Affairs' Special Medical Advisory Group, as well as Chair of the Institute of Medicine Committee on Health Care Quality for Rural America and as subcommittee chair for President Clinton's Advisory Commission on Consumer Protection and Quality in the Health Care Industry.

In announcing the appointment, President Obama remarked that "Under her leadership, we will be able to expand and improve the care provided at the Community Health Centers which serve millions of uninsured Americans and address severe provider shortages across the country."

Current HRSA Administrator Betty Duke, Ph.D., previously had announced her intention to step down from her post effective Feb. 28. The position is a Career Senior Executive Service appointment and does not require Senate confirmation.

On the Hill . . .

The Senate Feb. 24 voted to confirm California Democrat Hilda Solis as Secretary of Labor. Upon her confirmation, Secretary Solis resigned her House seat. California Governor Arnold Schwarzenegger (R) will schedule a special election to fill the vacancy.