AAMC Home   Tomorrow's Doctors Tomorrow's Cures
  Home  Government Affairs   Newsroom   Meetings   Publications Shopping Cart   Site Map    

Washington Highlights: June 12, 2009

AAMC, AAU Comment on NIH Conflicts of Interest Measures

The AAMC and the Association of American Universities (AAU) June 10 jointly submitted comments to the National Institutes of Health (NIH) on how to strengthen the regulatory framework governing conflicts of interest in federally funded research. The letter responds to a May 8 Advance Notice of Proposed Rule Making (ANPRM) issued by the NIH [see Washington Highlights, May 8].

The AAMC-AAU letter is consistent with earlier recommendations from the associations, and it supports enhancing transparency and strengthening regulations in key respects. The comments support requiring covered investigators to report to institutions all of their external financial interests directly or indirectly related to their research responsibilities, regardless of amount. They also support NIH lowering to $5,000 the threshold for requiring institutions to disclose to the awarding agency related external financial interests of investigators that have been determined to represent conflicts of interest. The letter indicates that the associations would not be opposed to a zero disclosure threshold, except for the enormous amount of "noise" generated by such a requirement. The associations also note that receiving and reviewing such a huge volume of information would have a trivial impact, if any, on research integrity.

The letter supports requiring institutions to submit information on managed conflicts of interest that goes beyond current regulatory requirements, and, as is currently the case, to submit full management plans when requested by the awarding component. The comments oppose mandatory accreditation of conflicts of interest programs but support the Association for the Accreditation of Human Research Protection Programs (AAHRPP)'s current efforts to enhance its standards relating to conflicts of interest with respect to existing regulatory requirements governing research on human subjects.

Senator Charles Grassley (R-Iowa) praised AAMC and AAU as "real leaders for their professional communities in trying to establish transparency and, in turn, build public confidence" and urged NIH to consider the recommendations outlined in the comment letter. He noted, "The research community could have avoided a lot of the problems we see today with great discrepancies and disregard for policies, if it had listened to the AAU and the AAMC in 2001, when they made recommendations along the same lines."

The comment deadline on the NIH notice is July 7.

Information:
Susan Ehringhaus, Sr. Director & Regulatory Counsel
AAMC Biomedical Health Sciences Research
sehringhaus@aamc.org
(202) 828-0543

HELP Democrats File Health Care Reform Bill

Democrats on the Senate Health, Education, Labor, and Pensions (HELP) Committee June 9 unveiled the Affordable Health Choices Act, a comprehensive bill that addresses health care reform issues under the committee's jurisdiction. Meanwhile, the House Committees on Energy and Commerce, Ways and Means, and Education and Labor, June 9 issued a document outlining their joint principles for health care reform.

The HELP bill strives to expand health insurance coverage and improve its affordability by reorganizing private insurance markets, creating new government agencies, subsidizing premiums, and expanding Medicaid. The bill also includes individual and employer mandates. Additionally, the legislation includes several provisions aimed at improving the health care workforce. The HELP Committee is scheduled to consider the legislation on June 16.

Of particular interest to academic medicine, the bill:

  • Establishes a program for publicly reporting Readmission rates;
  • Authorizes grant funding for the development of Community Health Teams to support the medical home model;
  • Creates a demonstration program through grant funding to develop and implement patient safety and quality improvement curriculum into health professionals' clinical education;
  • Requires the Secretary of Health and Human Services (HHS) to publish a notice of proposed rulemaking to establish in consultation with relevant stakeholders a methodology for designating medically underserved populations and health professions shortage areas;
  • Directs the Secretary to establish a Center for Health Outcomes Research and Evaluation to conduct and support research that compares the "outcomes, effectiveness, and appropriateness" of health care services;
  • Incrementally increases the authorization for the National Health Service Corps (NHSC) to $1.15 billion in FY 2015, and establishes a formula for increased authorizations in future years;
  • Establishes a primary care extension program offering grants through states to assist primary care providers in educating health care professionals on preventive medicine, health promotion, chronic disease management, mental health, and other areas;
  • Promotes efforts to prevent, detect, and address health care fraud and abuse;
  • Establishes a National Health Care Workforce Commission to collect, review, and report information on projected health workforce needs and capacity; and,
  • Reauthorizes the Health Resources and Services Administration's Title VII health professions and Title VIII nursing education programs (see related story).

Information:
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

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

HELP Bill Reauthorizes Title VII Health Professions Programs

The health care reform bill released June 9 by Democrats on the Senate Health, Education, Labor, and Pensions (HELP) Committee includes provisions to reauthorize the Health Resources and Services Administration (HRSA)'s Title VII health professions and Title VIII nursing education programs.
For example, the bill:

  • Updates the Title VII student loan programs, including the Primary Care Loan;
  • Establishes a National Center for Health Care Workforce Analysis to coordinate with State and Regional Centers for Health Workforce Analysis, and authorizes grants to establish and maintain a longitudinal database of Title VII outcomes measures;
  • Establishes a pediatric specialty loan repayment program and a public health workforce loan repayment program with obligated service requirements;
  • Authorizes funding and activities for the Title VII primary care medicine programs distinctly from the Title VII primary care dentistry programs;
  • Allows Title VII primary care medicine grantees to train physicians teaching in community-based settings, develop joint degree programs in interdisciplinary training in public health and other areas, and develop demonstration programs providing training in new competencies as recommended by the HRSA Advisory Committee on Training in Primary Care Medicine and Dentistry;
  • Prioritizes Title VII primary care applicants that, among other priorities, establish formal relationships and submit joint applications with community health centers, Area Health Education Centers (AHEC), rural health clinics, or clinics in underserved areas;
  • Expands the Title VII geriatric education training program to develop CME-satisfying fellowships on geriatrics, chronic care management, and long-term care for health professions faculty and to offer family caregiver training or to incorporate mental health best practices in training courses;
  • Directs the HHS Secretary to support the development, evaluation, and dissemination of model health professions curricula for cultural competency, prevention, and public health proficiency, and aptitude for working with individuals with disabilities;
  • Reauthorizes at higher funding levels the Title VII diversity programs, including the Centers of Excellence, Health Careers Opportunity Program, Scholarships for Disadvantaged Students, and Faculty Loan Repayment; Reauthorizes AHECs with a "Point of Service Maintenance and Enhancement Award" to maintain and improve existing AHECs, requires that each AHEC program include at least one area health education center that is not a school of medicine or the parent institution, and includes a "Sense of Congress" that each state should have an AHEC program;
  • Establishes a grant program to support distance learning, continuing education, collaborative conferences, and electronic and telelearning activities, with priority for primary care.

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

Abigail Schopick, Legislative Analyst
AAMC Government Relations
aschopick@aamc.org
(202) 828-0525

AAMC, FASEB Recommend Ways to Strengthen Security of Select Agents

The AAMC and Federation of American Societies for Experimental Biology (FASEB) May 29 jointly made recommendations on ways to strengthen the security of research with select agents. In a letter to the Working Group on Strengthening the Biosecurity of the United States, AAMC and FASEB endorsed the preliminary assessment of a separate federal body (the National Science Advisory Board on Biosecurity) that current federal select agent provisions are sufficiently strict. The organizations also noted that no incident of theft or attempted theft of a select agent from an academic facility has been reported.

The interagency working group was established by the Bush Administration in the wake of allegations connecting a federal scientist with the 2001 anthrax attacks. A central question for the working group is how best to ensure that personnel working with select agents will not endanger others, as well as protecting their own safety. The group's report is expected this summer.

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

Science and Education Community Opposes Visa Delays

The AAMC joined 29 higher education and scientific associations on a June 10 statement asking federal agencies to clear delays that impede travel by foreign scientists and scholars to the United States. The statement, sent to the Departments of State and Homeland Security and to the White House Office of Science and Technology Policy, includes recommendations for addressing increasing delays in the current visa system. The statement does not cite the number or extent of problems in the visa backlog for visiting scientists, and acknowledges that federal agencies recently have made commitments to solving problems of delay.

Among the associations' recommendations is to clear the current applications backlog expeditiously, to streamline the requirements for visa applications and approval, to make processes for visa applicants more consistent and transparent, and specifically to convene a "high level interagency panel" to review the policies and procedures put into place after Sept. 11, 2001, with attention to the rules' costs and effectiveness.

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

Senate Subcommittee Holds Hearing on HHS FY 2010 Budget

The Senate Appropriations Subcommittee on Labor, Health and Human Services, and Education June 9 held a hearing to discuss the FY 2010 budget for the Department of Health and Human Services (HHS). Subcommittee members questioned HHS Secretary Kathleen Sebelius about health care reform, the National Institutes of Health (NIH), and the health care workforce, among other issues.

Secretary Sebelius spoke about the need to provide high quality, cost effective health care for all Americans and stressed that prevention and wellness measures would be essential to lower future health care costs. When questioned about whether pay-as-you-go measures would apply to health care reform, Secretary Sebelius stressed that they would as much as possible. However, she pointed out that it is difficult to estimate the costs and savings of such reform, as cost saving measures like prevention and wellness will not be scored. She also described significant savings from curbing waste, fraud and abuse in Medicare and Medicaid.

Senator Arlen Specter (D-Pa.) urged the Secretary to take another look at the NIH budget. Both Sen. Specter and Subcommittee Chair Tom Harkin (D-Iowa) stressed that although the American Recovery and Reinvestment Act (ARRA, P.L. 111-5) provides NIH with additional funds, the NIH's base budget needs to be looked at without the ARRA funds. Sen. Specter stated that ARRA funding was intended as a one time infusion of funding to create jobs and stimulate the economy, and was not intended to be looked at as part of NIH's FY 2010 funding. Chairman Harkin stated that he is worried about NIH's base, as purchasing power has decreased in the past few years. Secretary Sebelius echoed their concern about the need to invest in science and research, and testified that it is important to try to prevent a funding cliff after the ARRA funding ends.

Both Chairman Harkin and Sen. Specter also expressed concern about the administration's designation for over half of the proposed increase for NIH to go specifically toward cancer and autism research, with Sen. Specter stating that this designation politicizes science. They both spoke about the need for researchers to designate where the money needs to go, not Congress or the administration.

Senator Mark Pryor (D-Ark.) questioned the Secretary about the challenge of ensuring adequate providers for all Americans, especially in rural areas. He pointed out that while many focus on access to insurance as a barrier to providing health care for all, access to providers needs to be looked at as well. Secretary Sebelius expressed a shared concern about problems with provider distribution. She acknowledged that part of the problem is the disparity in Medicare reimbursement rates, and stated that HHS is looking into this problem. She mentioned that health information technology (HIT) is making rural medicine more appealing, especially with advances in telemedicine allowing easier access to other providers, especially specialists. Additionally, she mentioned that programs such as the National Health Service Corps encourage providers to practice in rural and underserved areas, and many of those providers end up staying in such areas.

Information:
Abigail Schopick, Legislative Analyst
AAMC Government Relations
aschopick@aamc.org
(202) 828-0525

House Appropriators Approve Allocations

The House Appropriations Committee June 9 approved its FY 2010 allocations. The allocations, also known as 302(b)s, determine how $1.086 trillion in non-emergency spending in FY 2010 will be divided among the 12 annual spending bills.

The allocations provide the first details on how Democrats intend to implement a spending plan that is estimated to be $8.9 billion less than President Obama's request. Previous estimates released when Congress finalized its FY 2010 budget resolution (S. Con. Res. 13) had put the difference at $10 billion [see Washington Highlights, May 1].

The Labor-HHS-Education Appropriations Subcommittee received an allocation of $160.7 billion - an increase of nearly $8.9 billion (5.8 percent) over the subcommittee's funding level in the FY 2009 omnibus (P.L. 111-8) and approximately $50 million short of the President's request.

The committee also announced the Labor-HHS-Education subcommittee tentatively is scheduled to mark up its bill July 8, followed by full Appropriations Committee action July 14, and House floor consideration July 22 through July 24.

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

Baucus, Conrad Introduce Comparative Effectiveness Legislation

Senate Finance Committee Chair Max Baucus (D-Mont.) and Senate Budget Committee Chair Kent Conrad (D-N.D.) June 9 introduced legislation to establish a private entity responsible for advancing comparative effectiveness research (CER). The "Patient-Centered Outcomes Research Act of 2009" (S. 1213) creates the Patient-Centered Outcomes Research Institute, which would be responsible for identifying national priorities for "comparative clinical effectiveness research." Such research would account for a variety of factors, including disease prevalence and "burden," practice variations, and the potential for "an effect on health expenditures" and "patient needs, outcomes, and preferences, including quality of life."

The bill establishes a Patient-Centered Outcomes Research Trust Fund (PCORTF) to support the institute's activities. The PCORTF is funded by transfers from the Medicare Trust Funds and fees on private health plans.

The bill directs the Institute to establish a research agenda and "provide for" CER (both in-house and on a contract basis). Additionally, the institute would appoint expert advisory panels that include practicing and research clinicians to "ensure that ... such research is clinically relevant to ... clinicians and patients at the point of care."

The institute may not issue practice guidelines or recommendations on coverage or other policy issues. Unlike previous iterations of CER legislation, S. 1213 specifies that the Secretary of Health and Human Services (HHS) can use the institute's CER findings to make Medicare coverage determinations only if "such use is through an iterative and transparent process." The legislation also requires the Government Accountability Office to submit a report to Congress determining whether HHS complies with such requirements when using CER to make such coverage determinations.

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

House, Senate Differ on President's Call for Pay-As-You-Go Law

President Obama's June 9 call for Congress to promptly pass legislation to help control the federal budget deficit is receiving mixed reviews on Capitol Hill. The Statutory Pay-As-You-Go Act of 2009 would require Congress to offset non-emergency increases in entitlement spending or taxes cuts by raising taxes or reducing other entitlement programs. If the Office of Management and Budget determines at the end of the fiscal year that the new initiatives have not been paid for, the President would be required to make across-the-board cuts in entitlement spending.

The proposal is similar to statutory requirements, also known as PAYGO, in place during the Clinton Administration. Republicans allowed the law to lapse in 2002. In a statement announcing the proposal, the President said, "I am committed to returning our Government to a path of fiscal discipline, and PAYGO represents a key step back to the path of shared responsibility."

House leaders reportedly want to move quickly to pass the legislation, but the proposal is running into solid opposition in the Senate. The President released his proposal at a June 9 White House event attended by House leaders and a number of members of the House Blue Dog Coalition. The Blue Dogs are fiscally conservative Democrats who have made reinstituting PAYGO into law a top priority.

Senate leaders, including Senate Budget Committee Chair Kent Conrad (D-N.D.), who has not been supportive of statutory PAYGO rules, were conspicuously absent from the White House unveiling. Conrad has supported the creation of a bipartisan task force to develop policy recommendations on long-term budget issues that would be voted on by Congress.

When the Democrats regained control of Congress in 2007, they implemented PAYGO rules that frequently have been waived. The President, Blue Dogs, and House leaders maintain the rule would be strengthened by putting it into statute.

However, the Obama proposal would exempt a number of high-price programs already in place. Congress could extend the Bush tax cuts past their scheduled 2010 expiration, restrain the growth of the alternative minimum tax, and continue to delay scheduled payments cuts for Medicare physician fees without off-sets. In a statement reacting to the proposal, the Committee for a Responsible Federal Budget (CRFB) said "Although [the Committee] is a proponent of PAYGO and stands by the President's efforts to pass it into law, we believe that exempting these items largely undermines the purpose." CRFB, a bipartisan group of former budget officials, estimates the exemptions would increase the deficit by more than $2.5 trillion over the next decade.

The Blue Dogs have agreed to the exemptions in return for restoring statutory PAYGO requirements. House Democratic leaders have pledged not to consider conference reports on legislation extending the exempted policies unless pay-as-you go legislation is enacted, the conference agreement includes langue to implement PAYGO, or they are fully offset. This may complicate House-Senate negotiations when Medicare legislation is considered later this year.

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

On the Agenda in Washington . . .

June 16: HIT Policy Committee to Meet
10 a.m. to 1 p.m., Hubert H. Humphrey Building (200 Independence Ave., SW) or via Web cast and teleconference
The Health Information Technology Policy Committee established by the American Recovery and Reinvestment Act (ARRA, P.L. 111-5) is scheduled to hold its second meeting. The meeting will be open to the public and will include presentations by the committee's work groups.

June 16: Senate HELP Committee to Mark Up Health Care Reform Legislation
2:30 p.m., 325 Russell Senate Office Building
The Senate Health, Education, Labor, and Pensions (HELP) Committee is scheduled to consider the "Affordable Health Choices Act."

June 18: House Energy and Commerce Committee to Hold Briefing on Medical Devices
9:30 a.m., 2322 Rayburn House Office Building
The Health Subcommittee of the House Energy and Commerce Committee is scheduled to hold a hearing titled, "Medical Devices: Are Current Regulations Doing Enough for Patients?"

June 23: HIT Standards Committee to Meet
9 a.m. to 12 p.m., Omni Shoreham Hotel (2500 Calvert Street NW) or via Web cast and teleconference

The Health Information Technology Standards Committee established by the American Recovery and Reinvestment Act (ARRA, P.L. 111-5) is scheduled to hold its second meeting. The meeting will be open to the public and will include presentations by the committee's workgroups.

July 8: House Labor-HHS-Education Appropriations Subcommittee to Mark Up FY 2010 Bill
Time TBD, Location TBD
The House Labor-HHS-Education Appropriations Subcommittee is scheduled to consider its FY 2010 appropriations bill.