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Washington Highlights: January 8, 2010

AAMC President Calls on Congress to Address Doctor Shortage

In a Jan. 4 Wall Street Journal op-ed, AAMC President and CEO Darrell G. Kirch, M.D., calls on Congress to "lift the freeze on support for medical training now, as part of health care reform." Dr. Kirch indicates that this is an important step to increasing the number of physicians in primary care and other needed specialties. The article continues, while the U.S. medical school class-size expands "the overall per capita supply of doctors in the country will decline without an expansion in the number of residency training positions." Additionally, the article states "while the cost to add new physicians is significant, it is less than 1% of current Medicare expenditures and an essential investment if people are to have timely access to a physician's care."

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

AAMC Makes Recommendations for Reconciliation of Health Care Bills

AAMC President and CEO Darrell G. Kirch, M.D., sent a Dec. 30 letter to the congressional leadership making key recommendations as they move forward to reconcile differences between the House-passed "Affordable Health Care for America Act" (H.R. 3962) and the Senate-passed "Patient Protection and Affordable Care Act" (H.R. 3590). The letter was sent to Senate Majority Leader Harry Reid (D-Nev.), Assistant Majority Leader Richard Durbin (D-Ill.), Finance Committee Chair Max Baucus (D-Mont.), Health, Education, Labor, and Pensions Committee Chair Tom Harkin (D-Iowa), as well as Sens. Christopher Dodd (D-Conn.) and Charles Schumer (D-N.Y.). In the House it was sent to Speaker Nancy Pelosi (D-Calif.), Majority Leader Steny Hoyer (D-Md.), Energy and Commerce Chair Henry Waxman (D-Calif.), Ways and Means Chair Charles Rangel (D-N.Y.), Education and Labor Chair George Miller (D-Calif.), and Assistant to the Speaker Rep. Chris Van Hollen (D-Md.).

The AAMC recommends that the final health care reform package:

  • Expand the physician workforce to avert a decrease in the number of physicians per capita;
  • Reform Medicare's physician payment methodology to preserve access to physician services;
  • Decrease the cuts in Disproportionate Share Hospital (DSH) payments imposed on teaching hospitals; and
  • Forgo the creation of any new independent payment board that could arbitrarily and disproportionately threaten support for the missions of teaching hospitals and physicians.

The letters congratulate Congress for "the historic progress it has made toward reforming the nation's health care system." The AAMC pledges to continue working with Congress to "ensure the enactment of policies that strengthen our nation's system of medical education."

The House and Senate are scheduled to reconvene Jan. 12 and Jan. 18, respctively; however, House and Senate leaders are already working to reconcile the differences between the two bills.

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

Len Marquez, Director
AAMC Government Relations
lmarquez@aamc.org
(202) 862-6281

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

House Members Oppose IMAB

In a Dec. 17 bipartisan letter to House Speaker Nancy Pelosi (D-Calif.), members of the House urged the Speaker to "reject the inclusion" of an Independent Medicare Advisory Board (IMAB) in the final health reform legislation [see Washington Highlights, Aug. 7]. The IMAB was included in the Senate-passed health reform legislation (H.R. 3590). The letter indicates that it would have broad authority to craft and execute new Medicare policies with limited Congressional input.

In the letter, circulated by Rep. Richard Neal (D-Mass.), the members oppose the creation of a board that "would surrender our legislative authority and responsibility for the Medicare program to unelected, unaccountable officials." Additionally, the members state that beneficiaries and providers would be "greatly limited in their ability to help develop and implement new polices" by the IMAB.

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

CMS and ONC Issue Rules on EHRs

The Centers for Medicare and Medicaid Services (CMS) Dec. 30 issued a proposed on the Electronic Health Record Incentive Program. On the same day, the Office of the National Coordinator for Health Information Technology (ONC) issued an interim final rule titled "Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology." The CMS proposed rule has a 60-day comment period that will begin once the rule is published in the Federal Register, which is expected to be on Jan. 13. The ONC interim final rule will be effective 30 days after publication in the Federal Register, but the comment period extends for 60 days after publication in the Federal Register. Both rules implement provisions of the American Recovery and Reinvestment Act (ARRA, P.L.111-5).

Under ARRA, incentives are not available for "hospital-based professionals." CMS has chosen to define this term as someone who provides "substantially all" (i.e., 90 percent or more) of their services in an inpatient setting or outpatient settings that are owned by and integrated both operationally and financially into the hospital. The proposed incentives would not be available to physicians providing substantially all of their services in provider-based clinics. CMS defines "hospital" by CCN (formerly known as the provider number), so that if a system has multiple hospitals under one CCN, only one hospital would receive the hospital incentive.

The CMS proposed rule defines "meaningful use" for both the Medicare and Medicaid Electronic Health Record (EHR) incentive programs. In general, the definition of meaningful use will be similar under the Medicaid program, although CMS proposes that states can modify the definition of meaningful use or add objectives. For the initial period, 2011-2012 ("Stage 1"), the definition focuses on electronically capturing health information in a coded format, using that information to track key clinical conditions, and communicating that information for care coordination purposes; implementing clinical decision support tools; and reporting clinical quality measures and public health information. For both hospitals and physicians this requires achieving an ambitious set of objectives, including the use of computerized physician order entry (CPOE), maintaining an active medication list, and implementing 5 clinical decision support rules. To qualify for payment, all objectives must be met.

Eligible professionals and eligible hospitals also must submit summary information to CMS on clinical quality measures for the following specialty groups: cardiology, pulmonology, endocrinology, oncology, proceduralist/surgery, primary care, pediatrics, obstetrics and gynecology, neurology, psychiatry, ophthalmology, podiatry, radiology, gastroenterology, and nephrology.

Finally, "meaningful use" is achieved by using certified EHR technology. The ONC interim final rule establishes capabilities and related standards that certified EHR technology will need to include to, at a minimum, achieve meaningful use in Stage 1. The interim final rule begins to define a common language to ensure accurate and secure health information exchange across different EHR systems.

The AAMC will provide members with additional information in writing and through teleconferences, and will comment on the rules.

Information:
Ivy Baer, Director & Regulatory Counsel
AAMC Health Care Affairs
ibaer@aamc.org
(202) 828-0490

Morgan Passiment, Director
AAMC Information Resources Outreach
mpassiment@aamc.org
(202) 828-0476

OMB Issues New Guidance on Recovery Act Reporting

The Office of Management and Budget (OMB) Dec. 18 issued "updated guidance" to federal agencies and award recipients concerning reporting requirements under the American Recovery and Reinvestment Act (ARRA, P.L. 111-5). OMB provided agencies with a standard methodology for reviewing the quality of data submitted by recipients as well as standard reporting formats to provide data to OMB.

For the extramural research community, OMB provided awardees with "important simplifications to the manner in which job estimates are calculated and reported." Recipients will now report job estimates on a quarterly basis. Earlier guidance had required cumulative job estimates. In addition, OMB is no longer requiring awardees to make subjective judgments on whether jobs were created or retained as a result of the Recovery Act. OMB states, "Instead, recipients will more easily and objectively report on jobs funded with Recovery Act dollars." OMB says that these changes are based on recommendations from the Government Accountability Office (GAO).

OMB's new guidance (on page 14) explicitly acknowledges the variable effort calculation methodologies allowed under OMB Circular A-21, Cost Principals for Educational Institutions. OMB will allow educational institutions to use the same methodology they use under A-21 to calculate full workload.

OMB is not requiring recipients to revise earlier reports. However, OMB states, "Recipients should implement the updated methodology to the greatest extent possible for the January reporting period."

Based on the OMB notice, some agencies (such as the National Science Foundation) have issued related agency-specific guidance.

Information:
Diana Mayes, Specialist
AAMC Health Care Affairs
dmayes@aamc.org
(202) 828-0498

GAO Appoints Members to New Medicaid and CHIP Commission (MACPAC)

The U.S. Government Accountability Office (GAO) Dec. 23 announced the appointment of 17 members to the new Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission (MACPAC), an independent federal body that will advise Congress on issues affecting the CHIP and Medicaid programs.

The commission was established by the Children's Public Health Insurance Reauthorization Act of 2009 (P.L. 111-3) and comprises a mix of different professionals who bring expertise in the financing and delivery of health care services. The members are charged with reviewing Medicaid and CHIP access and payment policies.

The commission chair is Diane Rowland, Sc.D., Executive Vice President of the Henry J. Kaiser Family Foundation and Executive Director of the Kaiser Commission on Medicaid and the Uninsured. The vice chair is David Sundwall, M.D., who has been the Executive Director of the Utah Department of Health and Commissioner of Health for the State of Utah since 2005. Two hospital CEOs are among the commissioners. Patricia Gabow, M.D., is the Chief Executive Officer of Denver Health and Hospital Authority. Herman Gray, M.D., MBA, is the President of Children's Hospital of Michigan (CHM) and Senior Vice President of the Detroit Medical Center and has previously served as associate dean for graduate medical education (GME) and Vice president for the GME at Wayne State University School of Medicine and the Detroit Medical Center, respectively.

The full list of commissioners, including their biographies, is included in the GAO's Dec. 23 press release.

Information:
Diana Mayes, Specialist
AAMC Health Care Affairs
dmayes@aamc.org
(202) 828-0498

On the Hill...

Sen. Christopher Dodd (D-Conn.) Jan. 6 announced that he would not seek re-election at the completion of his sixth term in 2010 to spend more time with his family. Sen. Dodd is the second ranking Democrat on the Senate Health, Education, Labor and Pensions Committee and sheparded health care reform through the committee in Chairman Ted Kennedy's absence.

Sen. Byron Dorgan (D-N.D.) Jan. 5 announced in a press statement that he would not seek re-election to a fourth term in November. Sen. Dorgan is the eighth ranking Democrat on the Senate Appropriations Committee.

Rep. Parker Griffith, M.D., (Ala.) Dec. 22 announced his intent to leave the House Democratic Caucus and join the House Republican Conference. With Rep. Griffith's switch, the Democratic majority of the House of Representatives is 257-178.

On the Agenda in Washington

Jan. 12: House Convenes for Second Session
The House is scheduled to convene the second session of the 111th Congress Jan. 12. Planned recesses include a week-long Presidents Day recess beginning Feb. 13, a two-week spring recess after wrapping up business March 26, and week-long breaks for Memorial Day and for Independence Day. Summer recess is scheduled to begin Aug. 6, with the House planning to reconvene Sept. 14. House leaders are aiming to adjourn by Oct. 8 during this election year.

Jan. 13: HIT Policy Committee Meeting
9 a.m., The Park Hyatt Hotel, 24th and M Sts. NW
The HIT Policy Committee of the Office of the National Coordinator for Health Information Technology will meet to hear reports from its workgroups, including the Meaningful Use Workgroup, the NHIN Workgroup, the Privacy and Security Policy Workgroup, and the Strategic Plan Workgroup.

Jan. 19: Senate Convenes for Second Session
The Senate is scheduled to begin the second session of the 111th Congress Jan. 19. Planned recesses include a week-long Presidents Day recess beginning Feb. 13, a two-week spring recess after wrapping up business March 26, and week-long breaks for Memorial Day and for Independence Day. Summer recess is scheduled to begin Aug. 6, with the Senate planning to reconvene Sept. 13. Senate leaders have not set a target adjournment date for 2010.

Jan. 20: AHRQ Comparative Effectiveness Research Clinical Registries Advisory Committee Meeting
8 a.m.; Marriott RIO, 9751 Washingtonian Blvd., Gaithersburg, Md.
The Agency for Healthcare Research and Quality (AHRQ) will hold a meeting of a Health Care Policy and Research Special Emphasis Panel titled "AHRQ Developing Prospective Practice-based Comparative Effectiveness Research Clinical Registries: Orthopedic Devices, Drugs and Procedures."