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Washington Highlights: March 27, 2009

House, Senate Begin Work on FY 2010 Budget

The House and Senate Budget committees each March 26 approved their respective versions of a budget blueprint for FY 2010.

The House Budget Committee passed (24-15) an FY 2010 budget resolution that allows $533 billion in non-emergency, non-defense spending. This level represents an 8.8 percent increase over FY 2009 (not including funds provided in the economic recovery package), but is $7 billion below the President's budget request. According to committee Chair John Spratt (D-S.C.), the committee's budget will support President Obama's goals of halving the deficit by 2013 and funding "critical initiatives" in energy, education, and health care.

Such initiatives include a reserve fund to support Medicare physician payment system reforms that "change incentives" to promote efficiency and quality, "improve payment accuracy" (including "appropriate compensation" for primary care), improve care coordination, and make providers "accountable" for quality and utilization. The reserve fund cannot exceed $87.3 billion over 5 years/$285 billion over 10 years. The budget resolution also includes a reserve fund for health care reforms that "may include" quality improvement, cost reduction, and public/private coverage expansions.

The legislation contains budget reconciliation language instructing the House Ways and Means Committee (which oversees the Medicare program) to identify by Sept. 29, $1 billion in savings over 5 years. The House Energy and Commerce Committee (which oversees Medicaid and Medicare Part B) must identify a similar level of savings.

Additionally, the budget resolution includes a "Sense of the House on Promoting American Innovation and Economic Competitiveness." The provision states that the "resolution builds on significant funding provided in the American Recovery and Reinvestment Act for scientific research," through funds provided under the "Health" function and other functions of the budget resolution.

The Senate Budget Committee similarly passed (13-10) an FY 2010 budget resolution that "preserves the major priorities in President Obama's budget." The Senate version permits $525 billion in non-emergency, non-defense spending, a 7.0 percent increase over FY 2009 non-recovery spending, but $15 billion below the President's proposed level.

A committee-prepared overview of the "Chairman's Mark" includes reserve funds for health care reform and changes in Medicare physician reimbursements (levels not specified), but does not contain reconciliation instructions. However, in his opening remarks, committee Chair Kent Conrad (D-N.D.) urged his colleagues to "insist" that any changes to Medicare physician reimbursement "be paid for."

The overview also acknowledges funding provided for the National Institutes of Health (NIH) in the American Recovery and Reinvestment Act (P.L. 111-5). According to the document, the "Chairman's Mark continues to support funding for NIH in 2010 including support for cancer research." The summary further pledges "funding for the Health Professions program and the National Health Service Corps to increase the number of health professionals practicing in medically underserved areas."

Chairman Conrad anticipated a Senate floor vote during the week of March 30.

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

AAMC, Health Professions Groups Outline Joint Health Care Reform Principles

The AAMC March 27 joined 14 other health professions groups on a statement on health professions education in health reform. The statement, coordinated by the Federation of Associations of Schools of the Health Professions (FASHP), outlines the group's recommendations for six principles that should be included in Congress's and the Obama administration's efforts on health care reform.

Acknowledging that the group's members "will implement innovative approaches to educate the next generation of providers who will offer this team-based, patient-centered care," the statement recommends:

  • Increased access to high-quality, cost-effective, and patient-centered care through existing or new public and private health insurance options.

  • An emphasis on prevention and wellness.

  • A stable funding source to maintain and expand the educational infrastructure for a well-educated and trained health professions workforce.

  • A stable investment to promote faculty development and address health professions faculty shortages.

  • Incentives to increase participation of underrepresented minorities and the financially disadvantaged in health professions education, as well as incentives to encourage all health professionals to practice in rural and underserved areas.

  • A mechanism to collect and analyze data on programs developed to strengthen the health professions workforce.

Information:

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

House Panel Investigates For-Profit IRBs

The House Energy and Commerce Subcommittee on Oversight and Investigations March 26 held a hearing on for-profit institutional review boards (IRBs). The focus of the hearing was a General Accounting Office (GAO) "sting" investigation, instigated at the behest of the committee, which included creating a research protocol for a fictitious medical device to approach IRBs for review and approval.

Subcommittee Chair Bart Stupak (D-Mich.) opened the hearing by noting the committee "wanted to know whether IRBs are rubber stamping research studies, whether clinical researchers are 'IRB shopping' or choosing IRBs based on how quickly and inexpensively they approve studies, and whether governmental oversight of IRBs is adequate."

Gregory Kutz, Managing Director, GAO's Forensic Audits and Special Investigations, provided a summary of GAO's investigation, which also included creating a fake IRB, which it registered with the Department of Health and Human Services (HHS), and then using this registration to apply for and receive an HHS-approved assurance for GAO's fictitious medical device company.

Daniel Dueber, Chief Executive Officer, Coast IRB, LLC, in Colorado, accused GAO of fraud in investigating his company without probable cause of the commission of a crime and of violation of federal and state criminal laws. Coast IRB approved the bogus protocol for human subjects testing after only minor edits of the falsified submission materials.

Jerry Menikoff, M.D., J.D., Director, HHS Office for Human Research Protections, and Joanne Less, Ph.D., Director, FDA's Good Clinical Practice Program, testified on the procedures followed by their respective offices.

Committee members criticized HHS and FDA for lax or non-existent oversight. In his opening statement, Subcommittee Ranking Member Greg Walden (R-Ore.) challenged the HHS officials, saying "[W]hat in the devil is going on in your agency that allows you to think you can ignore the law and regulations governing the adequacy of IRBs and simply enter whatever is emailed your way and put the U.S. Government stamp of approval on an IRB?" Rep. Joe Barton (R-Texas), the ranking Republican on the full committee, asked Drs. Menikoff and Less what their agencies "are prepared to do today to shut down Coast IRB."

While the investigation and hearing focused on for-profit IRBs, committee members, including Reps. Stupak, Walden, and Diana DeGette (D-Colo.) spoke forcefully about the need to review the entire system for approving experimental testing for humans and called for additional legislation and regulation. Rep. DeGette noted that she reintroduced her "Protection for Participants in Research Act" (H.R. 1715) on March 25. In a press release, Rep. DeGette said her bill would:

  • Make federal regulations applicable to all research that is in or affects interstate commerce;

  • Strengthen the education and monitoring of IRBs;

  • Harmonize FDA regulations and the Common Rule, the two major sets of federal regulations governing research participant protection;

  • Strengthen protections against conflicts of interest by investigators or IRB members; and

  • Improve monitoring of research risks and reporting of adverse events and unanticipated problems.

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

NIH Director Testifies on Use of Recovery Funding

Raynard Kington, M.D., Ph.D., Acting Director of the National Institutes of Health (NIH), March 26 told the House Labor-HHS-Education Appropriations Subcommittee that the agency is employing "a number of innovative strategies to quickly and wisely invest" funds made available by the American Recovery and Reinvestment Act (ARRA, P.L. 111-5). Emphasizing the essential role that medical research plays in the economy, he expressed appreciation to the Congress for "the continued trust that you place in NIH to make the discoveries that will lead to better health for everyone." He told the subcommittee that NIH is already hearing from principal investigators about jobs that will be saved by supplemental funding.

Dr. Kington said NIH intends to use the ARRA funds to expand their understanding of various diseases and to expand their efforts in community based research. He described the Challenge Grants, which have the largest RFA in NIH history. He also mentioned the Grand Opportunity (GO) grants, which would be 2-year grants for large, specific research topics (see related story). He talked about various initiatives that would cross the NIH, and a summer program for high school and undergraduate students, as well as K-12 and community college teachers. He also mentioned a program aimed at newly trained faculty, to help young investigators get their first opportunities.

Dr. Kington explained the extramural construction funds would not only create but also help ease the backlog of necessary construction projects at research centers across the country. He did not provide an estimate of how many jobs will be created by the construction projects or by the research programs, except to say that each grant leads to 6-7 jobs. He said that the increased reporting required by ARRA will assist NIH in determining how many and what types of jobs are created by NIH grants.

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

NIH Announces "Grand Opportunity" Program, Other ARRA Opportunities

The National Institutes of Health (NIH) March 23 announced a new program entitled Research and Research Infrastructure "Grand Opportunities," or the "GO" grant program (RFA-OD-09-004) for projects with budgets greater than $500,000 a year. This program, funded through the American Recovery and Reinvestment Act (ARRA, P.L. 111-5), will support projects that address large, specific biomedical and bio-behavioral research endeavors that will benefit from significant 2-year funds without the expectation of continued NIH funding beyond 2 years. Supported research should have high short-term impact, and a high likelihood of enabling growth and investment in biomedical research and development, public health, and health care delivery. The total annual cost for individual awards is expected to vary, depending on the nature and scope of the project and the number of participating institutions. At least $200 million will be designated by participating NIH Institutes and Centers in FYs 2009 - 2010 to fund 200 or more grants.

A separate ARRA-related Funding Opportunity Announcement (FOA) solicits applications for proposals relevant to research on the heterogeneity of Autism Spectrum Disorders (ASD). These FOAs will be supported by ARRA funds, but will utilize RO1, R21, and R34 award mechanisms.

Additionally, NIH March 24 announced that $21 million of ARRA funding for administrative supplements to existing NIH grants over 2 years has been allocated for educational opportunities in NIH-funded laboratories for students and science educators. Investigators and institutions with existing NIH funding will be able to apply for separate administrative supplements to support meaningful research experiences for summer students and science educators.

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

NCRR Competitive Revision Application Information Now Available

The National Center for Research Resources (NCRR) March 24 announced a competitive revision application (formerly termed competitive supplements) funding opportunity for NIH funded investigator-initiated awards (R01, R33, R37, R21, U01) originally reviewed by the Center for Scientific Review (CSR). These revision applications will support new research objectives that are outside the scope of the approved parent grant to include innovative research, training, outreach, and networking through a partnership with NCRR Centers and Center-like Programs in active research and resource/infrastructure projects. NCRR intends to commit $20 million to this supplement program, with up to $300,000 direct cost per individual award. To be considered, all applications must contain the following title: "Enabling RPGs to Leverage NCRR Center and Center-like Programs." Application deadlines are April 21 and July 10.

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

House Panel Continues Hearings on Health Reform

The House Energy and Commerce Health Subcommittee March 24 held a hearing entitled, "Making Health Care Work for American Families: Improving Access to Care." This was the third in a series of five overview hearings on health reform. The hearing explored racial, ethnic, and geographic disparities in access to health care, and the role of the health care workforce in addressing these disparities, with particular emphasis on primary care. The hearing also examined the role of Medicare, Medicaid, and medical liability reform in addressing access and workforce issues.

In his opening statement, Subcommittee Chair Frank Pallone (D-N.J.) stated, "Titles VII and VIII of the Public Health Service Act are crucial programs to increase the primary care workforce, and the National Health Service Corps is a very successful program to entice young medical professionals to practice in underserved neighborhoods." Full Committee Chair Emeritus John Dingell (D-Mich.) indicated that loan forgiveness and scholarship opportunities were important to ensuring access to primary care practitioners.

Rep. Michael Burgess (R-Texas) noted that "the Association of American Medical Colleges reports that the physician shortage is expected to exceed 124,000 doctors by [2025]." Rep. Lois Capps (D-Calif.) stated that "one of the barriers to access today is a lack of health professionals" and stressed, "as we talk about ways to improve access to everyone, let's talk about what else we can be doing to educate more health professionals and get them into the areas where they are needed most." Rep. Kathy Castor (D-Fla.) highlighted the "arbitrary and out-dated [GME] caps on physician resident slots."

Witnesses included:

  • Brian D. Smedley, Ph.D., Vice President and Director, Health Policy Institute, Joint Center for Political and Economic Studies;

  • Michael John Kitchell, M.D., President-Elect of Iowa Medical Society, McFarland Clinic PC;

  • Michael A. Sitorius, M.D., Professor and Chairman, Department of Family Medicine, University of Nebraska Medical Center;

  • Risa Lavizzo-Mourey, M.D., M.B.A., President and CEO, Robert Wood Johnson Foundation;

  • Fitzhugh Mullan, M.D., Murdock Head Professor of Medicine and Health Policy, Professor of Pediatrics, The George Washington University;

  • Jeffrey P. Harris, M.D., F.A.C.P., President, American College of Physicians;

  • James R. Bean, M.D., President, American Association of Neurological Surgeons; and

  • Diane Rowland, Sc.D., Executive Director, The Kaiser Commission on Medicaid and the Uninsured.

Witnesses and committee members agreed that reimbursement rates play a key part in increasing access. There was a lack of consensus among hearing participants on how to address Medical liability reform. Witnesses' written statements and audio of the hearing are available on the Energy and Commerce Committee website. The AAMC will submit a statement for the record.

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

President Names HHS Assistant Secretary for Health

President Obama March 25 announced his intent to nominate Howard Koh, M.D., M.P.H. as Assistant Secretary for Health at the Department of Health and Human Services (HHS). Dr. Koh is the Harvey V. Fineberg Professor of the Practice at the Harvard School of Public Health (HSPH), where he also is director of the Center for Public Health Preparedness. Additionally, he served as the principal investigator on research grants related to community-based participatory research, cancer prevention, health disparities, tobacco control, and emergency preparedness. Previously, Dr. Koh served as Commissioner of Public Health for the Commonwealth of Massachusetts.

An elected member of the Institute of Medicine and Chair of the Board of Scientific Counselors for the CDC's Coordinating Office for Terrorism Preparedness and Emergency Response, Dr. Koh also was appointed by President Clinton to the National Cancer Advisory Board from 2000 to 2002. Dr. Koh graduated from Yale University School of Medicine and completed his postgraduate training and chief residencies at Boston City Hospital and Massachusetts General Hospital. He has earned board certification in internal medicine, hematology, medical oncology, and dermatology.

Senate Confirms Holdren as OSTP Director

The Senate March 19 voted unanimously to confirm Harvard physicist John P. Holdren, Ph.D., as director of the White House Office of Science and Technology Policy (OSTP). Dr. Holdren also serves as Assistant to the President for Science and Technology and Co-Chair of the President's Council of Advisors on Science and Technology (PCAST).

Prior to the appointment, Dr. Holdren was the Teresa and John Heinz Professor of Environmental Policy and director of the Program on Science, Technology, and Public Policy at Harvard University's Kennedy School of Government. He served concurrently as Professor of Environmental Science and Policy in Harvard's Department of Earth and Planetary Sciences and as director of the independent, nonprofit Woods Hole Research Center. He also served previously as president of the American Association for the Advancement of Science and was a PCAST member through both terms of the Clinton administration.

The President nominated the MacArthur Foundation awardee and subsequent board member for the post in December. Dr. Holdren testified at his Feb. 12 confirmation hearing before the Senate Committee on Commerce, Transportation, and Science that scientific and technological advances have directly contributed to economic growth, noting "In today's time of economic crisis, we must resist the temptation to reduce our investments in these foundations of our prosperity."

President Names New FDA Commissioner

President Obama March 14 announced the appointment of Margaret Hamburg, M.D., as Commissioner of the Food and Drug Administration (FDA). Most recently, Dr. Hamburg worked at the Nuclear Threat Initiative as the founding Vice President for the Biological Program. Prior to that, she was the Assistant Secretary for Planning and Evaluation at the U.S. Department of Health and Human Services, and served for six years as the Commissioner of Health for the City of New York. She also was the Assistant Director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health.

President Obama described Dr. Hamburg as "a nationally and internationally recognized leader in public health and medicine, and an authority on global health, public health systems, infectious disease, bioterrorism and emergency preparedness." In announcing her appointment, he also stated, "Dr. Hamburg brings to this vital position not only a reputation of integrity but a record of achievement in making Americans safer and more secure."