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Washington Highlights: May 29, 2009

AAMC Opposes Health Care Reform Options that Reduce Medicare, Medicaid Support for Teaching Hospitals

The AAMC May 28 submitted comments on the final of three health reform "policy options papers" issued by the Senate Finance Committee [see Washington Highlights, May 22]. The third paper, released by the Committee May 20, focuses on ways to finance comprehensive health system reform. Among the options "offered for discussion" in the paper are reductions in Medicare and Medicaid support for graduate medical education (GME), as well cuts to Medicare and Medicaid disproportionate share hospital (DSH) payment levels "as more individuals become insured as a result of health care reform." The paper states that "not all the options in this document have the support of Chairman Baucus or Ranking Member Grassley." It also reiterates the committee's plan to mark-up health reform legislation in June.

In its comments, the AAMC agrees with the Finance Committee that "controlling rising health care costs is one of our nation's greatest challenges," and is "committed to helping the SFC tackle that challenge." However, the comments advise that implementing "new programs and structures will take time," and urges that the existing GME and DSH payments "should be fully supported until we are sure that their replacements are, as determined by a variety of criteria, better and more rational than the systems they would be replacing." The comments note the unique education, research, and patient care missions of major teaching hospitals, which typically work in close collaboration with medical school faculty.

Additionally, the AAMC comments urge Congress to lift the current cap on Medicare-supported residency slots and to "work to prevent implementation of the Medicaid GME proposed rule." The AAMC "strongly opposes" a Finance Committee option to codify IRS regulations regarding the FICA tax exception for students, as well as an option to codify organizational and operational requirements for determining whether a hospital is a charitable organization for purposes of obtaining tax-exempt status.

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

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

AAMC Comments on NIH Proposed Guidelines for Federal Funding of Embryonic Stem Cell Research

AAMC May 23 wrote to the National Institutes of Health (NIH) generally supporting the agency's draft "Guidelines for Human Stem Cell Research." NIH issued the draft guidelines April 17 in response to President Obama's March 9 Executive Order, "Removing Barriers to Responsible Scientific Research Involving Human Stem Cells" [see Washington Highlights, April 17]. President Obama lifted restrictions on the federal funding of human embryonic stem cell research imposed by President George Bush in August 2001 and ordered NIH to finalize funding guidelines by July 7.

Under the new guidelines, institutions receiving funding for stem cell research will be required to provide an assurance that such research meets various procedural and donor informed consent requirements. The AAMC letter notes that the "NIH's proposed assurance system is appropriate, consistent, and workable. For stem cell lines created after the effective date of the final NIH guidelines, we believe the processes and consent requirements are workable and reasonable."

However, AAMC wrote, "The most vexing issue unresolved by the proposed guidelines is the status of the hundreds of stem cell lines in existence, but derived before the guidelines become effective." AAMC urged "that NIH allow federal funding for all human embryonic stem cell lines in existence before the effective date of the final guidelines, based on an institutional assurance" that certain criteria are met.

AAMC suggested that NIH use four criteria used for the past eight years:

  • The stem cells must have been derived from an embryo that was created for reproductive purposes;
  • The embryo was no longer needed for these purposes;
  • Informed consent must have been obtained for the donation of the embryo; and
  • No financial inducements were provided for donation of the embryo.

AAMC also wrote that "an NIH Registry of eligible stem cell lines would give our community some compliance certainty. However, we understand NIH's reluctance to manage a registry that may grow exponentially over time. Alternatively, we suggest NIH consider maintaining a registry of stem cell lines that are ineligible for funding, based on the NIH Intramural Program's review of a line's derivation process or from verified institutional concerns."

The AAMC letter also offers a number of technical suggestions to the guidelines.

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

AAMC Thanks Congress for Letters Opposing IME Adjustment

AAMC President and CEO Darrell G. Kirch, M.D., May 28 sent letters to Sens. Charles Schumer (D-N.Y.) and Pat Roberts (R-Kan.) and Reps. Richard Neal (D-Mass.) and Patrick Tiberi (R-Ohio) thanking them for their leadership as sponsors of bi-partisan sign-on letters urging rescission of the regulation eliminating (effective Oct. 1) the indirect medical education (IME) adjustment under Medicare's capital reimbursement system [see Washington Highlights, May 15]. The House letter was sent to President Obama, while the Senate letter was sent to CMS Acting Administrator Charlene Frizzera. The letter emphasizes the importance of the IME adjustment, especially as it "helps teaching hospitals maintain several unique missions, including training the next generation of physicians and providing the highest level of care available." In the letter, "The AAMC pledges our continued support of efforts to prevent the elimination of the capital IME adjustment."

The May 5 Schumer/Roberts letter was signed by a total of 56 Senators including 15 Republicans. The May 22 Neal/Tiberi letter was signed by a total of 220 Representatives including 52 Republicans.

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

ONC Publishes Schedule for HIT Standards Committee Activities

The Office of the National Coordinator for Health Information Technology (ONC) published in the May 26 Federal Register the Health Information Technology (HIT) Standards Committee's schedule for assessing policy recommendations. The "work groups" and deadlines set forth in the notice were established by the HIT Standards Committee during its first meeting on May 15, and publication in the Federal Register was required by provisions of the "American Recovery and Reinvestment Act of 2009" (ARRA, P.L. 111-5) [see Washington Highlights, May 22].

According to the published schedule, the Standards Committee's work groups will have 90 days after receiving recommendations from ONC to develop a report for the full Standards Committee. Reports will include an assessment of current standards, implementation specifications, and certification criteria; an assessment of where gaps exist and an identification of organizations with the ability address those gaps; and a timeline for the Standards Committee to issue recommendations to the National Coordinator. Upon receipt of a subcommittee report, the full committee will accept or revise the proposed timeline, assign subcommittees to conduct research, where necessary, and make recommendations to the National Coordinator on standards, implementation specifications, and certification criteria.

Information:
Lori K. Mihalich-Levin, J.D., Senior Policy Analyst
AAMC Health Care Affairs
lmlevin@aamc.org
(202) 828-0599

HIT Regional Extension Center Draft Plan Released, Comments Solicited

The Office of the National Coordinator for Health Information Technology (ONC) published in the May 28 Federal Register as a "notice and request for comments" a draft plan for the establishment of Regional Extension Centers ("regional centers") that will assist providers in selecting and implementing certified electronic health records (EHRs). The "American Recovery and Reinvestment Act of 2009" (ARRA, P.L. 111-5) requires both regional centers and a National Health Information Technology Research Center (HITRC) and provides for financial assistance to regional centers as part of the Recovery Act's $2 billion in discretionary health information technology (HIT) funding. The draft plan sets forth the services that regional centers will be expected to provide, the funding that will be available, and a proposed timeline for making awards.

As required by ARRA, regional centers must be affiliated with a U.S.-based non-profit organization and will be expected to prioritize their technical assistance to the following providers in their region:

  • Public or not-for-profit hospitals or critical access hospitals;
  • Federally qualified health centers;
  • Entities in rural and other areas that serve uninsured, underinsured, and medically underserved individuals; and
  • Individual or small group practices (or consortia thereof) that are primarily focused on primary care.

The draft plan clarifies that on-site assistance will be a "key service" offered by regional centers, that each defined geographic area will be served by only one center, and that the average award value will likely be $1 million to $2 million per center (with a maximum of $10 million per center).

ONC indicates it intends to exercise the option granted by ARRA to waive the Act's cost-sharing requirements for FY 2010, although the plan clarifies that the existence of matching funds (or a plan to obtain matching funds) will be important in determining whether an entity qualifies for an extension center grant. Preference will also be given to plans that incorporate "multi-stakeholder collaborations that leverage local resources," where stakeholders include such entities as local universities with health professions, informatics, and allied health programs, health information exchange organizations, and government entities. Awards will be made as early as the first quarter of FY 2010, through the fourth quarter of FY 2010, and the ONC proposes to set a series of proposal deadlines so that well-prepared applicants can begin work sooner and those requiring more organization will have more time to prepare a plan.

Comments on the notice are due to ONC by June 11, 2009.

Information:
Lori K. Mihalich-Levin, J.D., Senior Policy Analyst
AAMC Health Care Affairs
lmlevin@aamc.org
(202) 828-0599

House, Senate Approve Supplemental Spending Bills with Flu Funds

The Senate May 21 approved, 86-3, an amended version of a supplemental appropriations bill (H.R. 2346) that includes $1.5 billion in emergency spending for pandemic flu preparedness and response, among other spending items such as funds for military operations and international economic and security assistance. Within the flu funds, $900 million is directed to the Department of Health and Human Services (HHS), to be spent by the end of FY 2010 at the discretion of the HHS Secretary.

The House approved its version of the bill May 14 with $1.85 billion for HHS preparedness and response activities, including $200 million for the Centers for Disease Control and Prevention; $350 million for upgrading state and local preparedness and response capacity; and, $1.3 billion to augment federal stockpiles, develop and purchase a vaccine, and support surveillance and public health response activities [see Washington Highlights, May 8]. The House bill directs that the funds are to remain available until expended.

Conferees are expected to reconcile differences in the two bills shortly after Congress returns from the Memorial Day recess, before clearing the final legislation for the President. The President April 28 requested $1.5 billion in pandemic preparedness funding to be included in the supplemental.

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