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Washington Highlights: November 30, 2007

AAMC Signs Group Letter Urging Extension of Medicaid Moratorium

The AAMC signed a Nov. 20 group letter urging Congress to "take whatever steps it considers necessary before the December recess" to prevent implementation of recently issued Medicaid rules that include the elimination of federal matching payments for graduate medical education (GME). The letter went to members of the House Oversight and Government Reform Committee as a follow-up to Nov. 1 testimony by the AAMC and other organizations opposing the Medicaid rules [see Washington Highlights, Nov. 2]. Other witnesses signing the letter included: American College of Emergency Physicians; Child Welfare League of America; National Association of Public Hospitals and Health Systems; National Association of School Nurses; and National Council for Community Behavioral Healthcare.

The Nov. 20 letter advises that the rules discussed at the hearing will "affect all Americans (regardless of coverage status) by eroding payments to public and teaching hospitals that maintain critical health care services unavailable elsewhere in the community." The letter also notes that eliminating federal Medicaid GME payments would "jeopardize the nation's capacity to care for all Americans by limiting their ability to train new doctors for years to come - just as we prepare to address a national physician shortage." Also receiving copies of the letter were Reps. Eliot Engel (D-N.Y.) and Sue Myrick (R-N.C.), who have sponsored AAMC-supported legislation (H.R. 3533) to extend by 1 year the current moratorium on implementation of the GME proposed rule (as well as the final rule on cost limits and units of government).

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

FOVA Urges Enactment of FY 2008 VA Appropriations

The Friends of VA Medical Care and Health Research (FOVA) coalition Nov. 30 urged the House and Senate Appropriations Committees to work with the Administration to enact the conference agreement on the "FY 2008 Military Construction and Veterans Affairs Appropriations Act" (H.Rept. 110-424), which provides $480 million for VA research. FOVA has recommended $480 million for VA research in FY 2008. The AAMC is a member of the FOVA Executive Committee.

As a result of the current continuing resolution (CR, P.L. 110-116), VA research is operating at a funding level lower than its FY 2006 spending level [see Washington Highlights, Nov. 16]. In FY 2007, Congress provided a total spending level of over $466 million, yet the current CR funds VA Medical and Prosthetic Research at an annual rate of $411 million, a 7.9 percent cut. The letter notes, "when available research awards decline as a function of budgetary policy, the VA risks losing physician-researchers and other clinical investigators who are integral to providing direct care for our nation's veterans and for sustaining its quality."

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

CMS Submits Value-Based Purchasing Plan to Congress

The Centers for Medicare and Medicaid Services (CMS) Nov. 21 submitted to Congress its "Plan to Implement a Medicare Hospital Value-Based Purchasing Program." The "Deficit Reduction Act of 2005" (DRA, P.L. 109-171), required CMS to develop and present to Congress a value-based purchasing plan that could be implemented in FY 2009. The proposed plan changes the current pay-for-reporting program to add a pay-for-performance component and increases the financial risk by shifting the incentive payment from a percentage of the annual payment update to a percentage of the Diagnosis-Related Group (DRG) payments. Congress will need to approve legislation for CMS to implement the plan.

CMS conducted two public listening sessions and developed two options papers to solicit input and feedback from hospitals and related stakeholders. The final plan does not differ significantly from the options paper prepared for the second CMS listening session, which contains most of the original recommendations. However, the plan is not prescriptive, and some questions regarding specific implementation details are still to be decided.

CMS suggests a phased-in approach to transition from the current pay-for-reporting program to value-based purchasing. The suggested plan initially utilizes the new financial incentive (percentage of DRG payment), based solely on pay-for-reporting and not on performance levels. This would give hospitals an opportunity to familiarize themselves with how the program works without large financial risk. The second year of the program bases 50 percent of payment on reporting and 50 percent on performance, while the third year and every year thereafter bases 100 percent of payment on performance.

The proposed plan will measure hospitals' performance on levels of attainment and improvement. Hospitals will be scored by measures in each category and those scores will translate into a percentage of the incentive payment a hospital will receive. The measures that will be considered for the plan are a subset of the measures currently reported on the Hospital Compare website. CMS provides two options for the basis of the incentive payment: a percentage of the base DRG payment or a percentage of the full DRG payment including IME, DSH payments, and outliers. The plan shows a preference for utilizing the percentage of the base DRG payment as well as suggesting a range of 2-5 percent for incentive payments.

Information:
Jennifer Faerberg, Director of GME Track/Health Care Quality Liaison
AAMC Division of Health Care Affairs
jfaerberg@aamc.org
(202) 862-6221

FDA Announces Reagan-Udall Foundation Board

The Food and Drug Administration (FDA) Nov. 16 announced the board members of the Reagan-Udall Foundation, the independent, non-profit organization established by the "Food and Drug Administration Amendments Act of 2007" (FDAAA, P.L. 110-85) to advance the FDA's mission by modernizing product development and enhancing product safety through public-private partnerships [see Washington Highlights, Sept. 28]. Former FDA commissioner and former Administrator of the Centers for Medicare and Medicaid Services Mark McClellan, M.D., Ph.D., will chair the foundation. Dr. McClellan currently serves as director of the Engleberg Center for Health Care Reform at the Brookings Institution.

As required by the FDAAA, the 14-member board includes 3 representatives from academic research organizations: William Brody, M.D., Ph.D., President of The Johns Hopkins University; Michael Doyle, Ph.D., Regents Professor and Director of the Center for Food Safety at the University of Georgia; and Phillip A. Sharp, Ph.D., Institute Professor at the Massachusetts Institute of Technology's Center for Cancer Research. The law requires four government health care officials - the commissioner of the FDA, the director of the National Institutes of Health (NIH), the director of the Centers for Disease Control and Prevention, and the director of the Agency for Healthcare Research and Quality - to appoint the board members; the FDA commissioner and NIH director will serve as non-voting members. A complete list of board members and more information about the foundation is available on the FDA website.

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

On the Hill

Senate Minority Whip Trent Lott (R-Miss.) Nov. 26 announced he will retire from the Senate by the end of the year, 5 years before his term expires. Gov. Haley Barbour (R) is expected to appoint a temporary successor within 10 days of Sen. Lott's official resignation before calling a special election to coincide with the general elections in Nov. 2008.

Rep. Dennis Hastert (R-Ill.), who served as Speaker of the House from 1999 to 2007, Nov. 26 submitted his resignation from the House of Representatives effective immediately. Illinois law requires Gov. Rod Blagojevich (D) to schedule a special election within 120 days of the vacancy.

Rep. Bobby Jindal (R-La.) announced he will resign from the House of Representatives effective Jan. 14, 2008, the same day he is to be inaugurated as governor. Current Gov. Kathleen Blanco (D) has scheduled for May 8, 2008 a special election to fill the vacancy.

Rep. Julia Carson (D-Ind.) Nov. 26 announced she will not seek reelection in 2008. Rep. Carson recently disclosed that she has terminal lung cancer.