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Washington Highlights: June 26, 2009

House Releases Draft Health Care Reform Legislation

The House June 19 issued an initial "discussion draft" of its health care reform legislation. The draft "tri-committee" document is a joint product of the three committees of jurisdiction (Ways and Means, Energy and Commerce, and Education and Labor). The committees conducted a series of hearings on the legislation during the week of June 22 (see related story), with tentative plans to mark-up the same broadly based bill shortly after the July 4 recess. The Congressional Budget Office (CBO) has not yet released the estimated cost of the health reform package.

The committees have invited a variety of stakeholders (including the AAMC) to submit comments on the draft bill language. The AAMC is expected to submit comments shortly. The discussion draft includes several provisions of particular interest to medical schools and teaching hospitals, including:

  • A redistribution of unused graduate medical education (GME) training slots, the preservation and redistribution of Medicare-funded GME training slots when teaching hospitals close, and the elimination of regulatory barriers to placing residents in non-hospital settings for portions of their training;
  • Medicare physician payment reform that fully eliminates the scheduled 21 percent cut, establishes a one-year inflationary update in CY 2010, and implements in CY 2011 newly rebased target growth rates for two distinct service categories. The first category includes evaluation and management (E&M) and Medicare preventative services, while the second category includes all other services. The annual target growth rates for the first and second service categories are set at 2 percent and 1 percent, respectively;
  • The issuance of recommendations (no later than July 1, 2016) on the "appropriate amount, targeting, and distribution of" Medicare and Medicaid disproportionate share hospital (DSH) payments that "take into account the impact of ... health care reforms;"
  • An initiative to reduce "potentially preventable" hospital readmissions, starting in FY 2011;
  • The extension of the Physician Quality Reporting Initiative (PQRI) through 2012, along with the creation of incentive payments for counties with low rates of Medicare per capita spending on physician services;
  • Legislative language establishing that GME costs would qualify for federal Medicaid "matching" payments. The language also establishes greater accountability for "how such payments are being used;"
  • Limits on the creation and expansion of physician-owned hospitals;
  • Reauthorization of the Health Resources and Services Administration's Title VII health professions and Title VIII nursing education programs (see related story);
  • Allows practitioners to practice part-time in the National Health Service Corps (NHSC);
  • A new funding mechanism for certain Public Health Service programs, authorizing appropriators to provide funds from a mandatory Public Health Investment Fund for Title VII, Title VIII, NHSC, and other health programs; and
  • A new program providing scholarship and loan repayment for physicians providing "primary health services" and other health professionals that agree to serve in shortage areas designated by the Secretary of Health and Human Services.

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

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

House Tri-Committee Addresses Title VII Reauthorization

The discussion draft released June 19 by the House Committees on Energy and Commerce, Ways and Means, and Education and Labor (see related story) includes provisions to reauthorize the Health Resources and Services Administration (HRSA)'s Title VII health professions and Title VIII nursing education programs.

Like the draft bill being considered by the Senate Health, Education, Labor, and Pensions (HELP) Committee [see Washington Highlights, June 12], the bill:

  • Udates the Title VII Primary Care Loan program;
  • Establishes a National Center for Health Workforce Analysis;
  • Authorizes funding and activities for the Title VII primary care medicine programs distinctly from the Title VII primary care dentistry programs; and,
  • Allows Title VII primary care medicine grantees to use funds to train physicians teaching in community-based settings.

The House "tri-committee" bill strikes the individual funding authorizations for the Title VII programs, and authorizes funding for groups of programs through the bill's proposed Public Health Investment Fund, a mandatory funding stream for designated programs in the Public Health Service. The bill deposits in the fund $4.7 billion for FY 2010 up to $8.8 billion in FY 2014, and authorizes appropriators "to increase funding, over the fiscal year 2008 level" for the selected Title VII, Title VIII, and several other health programs.

Additionally, the House bill adds eligibility for geriatric medicine to the Title VII primary care medicine programs, but does not address the Title VII geriatric education training programs. The House bill also reauthorizes the Title VII diversity programs, with some changes to the Centers of Excellence and the Faculty Loan Repayment program. New programs in the House draft include a grant program promoting training in interdisciplinary and team-based care as well as a grant program to address health disparities by promoting interdisciplinary cultural and linguistic competency.

The House committees also propose establishing under Title VII a new HRSA Advisory Committee on Health Workforce Evaluation and Assessment. Similar to the Senate HELP Committee's proposed National Health Care Workforce Commission, the advisory committee is tasked with collecting, reviewing, and reporting information on projected health workforce needs.

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

Senate Panel Continues Deliberating Health Care Reform Draft

The Senate Health, Education, Labor, and Pensions (HELP) Committee continued marking up its draft health care reform legislation before adjourning June 25 for Congress's week-long Independence Day recess [see Washington Highlights, June 19]. In its daily meetings since June 17, the committee has adopted more than 250 amendments on Title II (quality provisions), Title III (prevention provisions) and Title IV (workforce provisions) of the bill.

Many of the amendments make technical changes to the draft legislative text or modify proposed programs to expand eligibility for additional health professionals, populations, or geographic areas. Other approved provisions include:

  • An amendment sponsored by Sen. Richard Burr (R-N.C.) to reinstate the "20/220 pathway" of the Economic Hardship Deferment;
  • An amendment sponsored by Sen. Orrin Hatch (R-Utah) directing the Institute of Medicine to make recommendations on reducing unnecessary hospital readmissions; and
  • An amendment sponsored by Sen. Tom Coburn (R-Okla.) to address legal and regulatory barriers that prevent hospitals, group practices, and other entities from providing hardware, software, and technology support to other providers in the community.

In her opening remarks, Sen. Patty Murray (D-Wash) - who led the committee's consideration of Title IV - stressed the importance of addressing health workforce issues in the context of health reform. She noted that improving the affordability of health care without addressing its accessibility is "like building schools and not hiring any teachers."

In response to Republican concerns about incomplete information on the bill's projected cost, HELP Committee Acting Chair Chris Dodd (D-Conn.) pledged to withhold consideration of portions of the bill until cost estimates from the Congressional Budget Office (CBO) become available. Provisions on coverage, follow-on biologics, and long term care remain outstanding. The committee is expected to begin addressing those provisions July 7.

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

House Committees Hold Hearings on Health Reform Discussion Draft

The House Committees on Energy and Commerce, Ways and Means, and Education and Labor held a series of hearings the week of June 22 to discuss a discussion draft of their joint health care reform bill (see related story). These hearings were held in preparation of the bill's mark up in the three committees when Congress returns from the week-long July 4 recess.

The House Energy and Commerce Subcommittee on Health held a series of three hearings starting on June 23. The first hearing focused on consumer views of the discussion draft. The second hearing June 24 focused on single-payer health care options; state, local, and tribal issues; as well as drug and device manufacturer issues. Former Secretary of Health and Human Services (HHS) Michael Levitt commended the draft for addressing the payment system for Medicare, but cautioned that adding large populations to Medicaid will burden state budgets.

A third hearing June 25 focused on Medicare payment; employer and employee views; as well as provider and insurer issues. When asked by Rep. Jane Harmon (D-Cali.) about Disproportionate Share Hospital (DSH) payments, Patricia Gabow, M.D., CEO of Denver Health and Hospital Authority, representing the National Association of Public Hospitals, emphasized the importance of maintaining the DSH payments during the time of enrolling the uninsured under any health reform legislation that may pass.

Additionally, the Full House Energy and Commerce Committee met June 24 to hear testimony from HHS Secretary Kathleen Sebelius. Secretary Sebelius reiterated the Administration's commitment to achieving health care reform this year and working with the committees in both the House and Senate in accomplishing bipartisan comprehensive health reform.

The House Committee on Education and Labor June 23 held a hearing with a diverse group of small business owners, economists, consumers, patient advocates and other stakeholders. The hearing mostly focused on the proposed public health insurance option. Fitzhugh Mullan, M.D., Murdock Head Professor of Medicine and Health Policy, George Washington University, praised the National Health Service Corps and the Title VII health professions programs as an integral part of health care reform.

The House Committee on Ways and Means also held a hearing June 24 to discuss the draft proposal. The hearing included three groups of panelists representing policy analysts, consumer groups, and providers. Chip Kahn, President and CEO of the Federation of American Hospitals (FAH) stated, "Despite the enforcement of the individual and employer mandates in the draft…DSH payments are absolutely vital to maintaining the fragile health care safety net, especially considering well-documented Medicare and Medicaid payment shortfalls." Rep. Shelley Berkley (D-Nev.) and Rep. Allyson Schwartz (D-Pa.) both emphasized the need for more doctors, incentives for primary care doctors, increased graduate medical education (GME) funding, and medical student loan repayments.

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

House Approves Advanced VA Funding, Panel Approves FY 2010 VA Appropriations

The House June 23 passed (409-1) the Veterans Health Care Budget Reform and Transparency Act of 2009 (H.R. 1016) to provide advanced funding for VA medical care, as well as the Medical and Prosthetic Research and Information Technology accounts. The bill would allow Congress to provide appropriations for these accounts 1-year ahead of the standard appropriations cycle. House Committee on Veterans Affairs Ranking Member Steve Buyer (R-Ind.) was the only nay vote. The Senate Committee on Veterans Affairs May 21 reported its version of the advanced appropriations bill (S. 423), which and does not include VA research or information technology.

The full House Appropriations Committee June 23 approved the FY 2010 Military Construction and Veterans Affairs appropriations bill, including FY 2011 funding for VA medical care. The bill includes $44.5 million for FY 2010 VA medical care, a 4.1 billion (10 percent) increase over FY 2009; and $48.2 million for FY 2011 VA medical care, a 3.7 billion (8 percent) increase over FY 2010. The committee approved $580 million for VA research, a $70 million (13.7 percent) increase over FY 2009. It is unclear if the House FY 2010 appropriations bill includes advanced funding for research or information technology.

The committee also directs the VA Under Secretary for Health to provide a report to the House and Senate appropriations committees on the VA Blue Ribbon Panel on VA-Medical School Affiliations' recommendations.The Blue Ribbon Panel is chaired by former AAMC President Jordan Cohen, M.D., and was created in 2006 to advice the VA "on issues related to a comprehensive philosophical framework to enhance VA's partnerships with medical schools and affiliated institutions."

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

Groups Object to Proposed Increase of SBIR Set-Aside

The AAMC joined nearly 100 organizations on a June 23 letter to Congress opposing a provision to increase the Small Business Innovation Research (SBIR) set-aside for federal research agencies.

The letter, coordinated by the Federation of American Societies for Experimental Biology (FASEB), objects to a provision in the SBIR/STTR Reauthorization Act of 2009 (S. 1233) that would increase the allocation for the SBIR program from 2.5 percent to 3.5 percent of any federal agency budget that provides more than $100 million for research [see Washington Highlights, June 19]. Signatories on the letter warn that the "mandatory increase in the SBIR allocation across agencies will necessarily result in funding cuts for the peer-reviewed research conducted by other organizations" through the National Institutes of Health, National Science Foundation, and others. Instead, the groups urge Congress to "increase funding for all research, thereby increasing the total investment in SBIR."

The Senate Committee on Small Business and Entrepreneurship approved the bill June 18, and the full Senate is expected to approve the legislation by unanimous consent. Meanwhile, the House Small Business Committee June 25 and the House Committee on Science and Technology June 24 approved an alternate bill (H.R. 2965) that does not increase the SBIR set-aside.

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

HIT Standards Committee Holds Second Meeting, Workgroup Proposes Taxonomy

The Office of the National Coordinator for Health Information Technology's (ONC's) HIT Standards Committee June 16 held its second meeting to hear reports from its three workgroups and to discuss areas in which it believes there are "gaps" in available standards. The Committee emphasized the preliminary nature of its discussions and set itself a deadline of the next meeting, July 21, for each workgroup to report recommendations to the full committee.

In general, the three workgroups are mapping their work on standards requirements to each goal set forth in the Meaningful Use Matrix the HIT Policy Committee released June 16 [see Washington Highlights, June 19]. The Clinical Operations Workgroup, for example, developed a draft taxonomy for categorizing the maturity of standards required for each measure in the matrix, ranging from well-accepted and "deployable" standards (Category I) to standards that are undeveloped and merely a "gleam in the eye" (Category IV). The Clinical Quality and Privacy and Security Workgroups are also working to map quality measures and privacy/security best practices to the Policy Committee's meaningful use objectives.

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

On the Agenda in Washington...

July 6: Senate HELP Committee to Mark Up Health Care Reform Legislation
Time TBD, 325 Russell Senate Office Building

The Senate Health, Education, Labor, and Pensions (HELP) Committee is scheduled to consider the "Affordable Health Choices Act."

July 6: Senate Military Construction and Veterans Affairs Appropriations Subcommittee to Mark Up FY 2010 Bill
Time TBD, Location TBD

The Senate Military Construction and Veterans Affairs Appropriations Subcommittee is tentatively scheduled to mark up draft FY 2010 appropriations for the Department of Veterans Affairs (VA) with full committee consideration scheduled for July 7.

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.

July 14: House Committee on Appropriations to Mark Up FY 2010 Labor-HHS-Education Appropriations
Time TBD, Location TBD

The full House Committee on Appropriations is scheduled to mark up its FY 2010 Labor-HHS-Education Appropriations.