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Washington Highlights: October 2, 2009

Obama Tours NIH, Pledges "Historic Commitment to Research"

President Barack Obama Sept. 30 praised the "extraordinary groundbreaking research" at "the National Institutes of Health and at universities and research institutions across this country," as he and Secretary of Health and Human Services Kathleen Sebelius toured NIH. Speaking to NIH scientists and invited guests, including AAMC President and CEO Darrell G. Kirch, M.D., President Obama reaffirmed his administration's "historic commitment to research and the pursuit of discovery" through $5 billion in NIH grants awarded under the American Recovery and Reinvestment Act (ARRA, P.L. 111-5).

The president cited strides in research on cancer, autism, heart disease, and potential for an HIV/AIDS vaccine, but also emphasized that "these investments will save jobs, they'll create new jobs - tens of thousands of jobs - conducting research, and manufacturing and supplying medical equipment, and building and modernizing laboratories and research facilities all across America." Describing NIH as "the forefront of medical invention and innovation," he also acknowledged that "in recent years we've seen our leadership slipping as scientific integrity was at times undermined and research funding failed to keep pace."

His remarks highlighted the long-term economic and health dividends of investments in medical research, as well as the sustained support that science necessitates. "Progress takes time," he noted, "it takes hard work; it can be unpredictable; it can require a willingness to take risks and going down some blind alleys occasionally … all of this needs the support of government. It holds promise like no other area of human endeavor, but we've got to make a commitment to it."

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

Rep. Schwartz Reintroduces Healthcare Innovation Zone Legislation

Rep. Allyson Schwartz (D-Pa.) Sept. 29 reintroduced the AAMC-supported "Healthcare Innovation Zone Program Act of 2009" as H.R. 3664 [see Washington Highlights, July 17]. The reintroduced legislation clarifies and expands several issues by modifying the definition of a healthcare innovation zone (HIZ), creating and defining a "HIZ Coordinating Entity" to receive and administer payments, and expanding a waiver provision to include Medicaid and antitrust barriers, among other changes.

Under the legislation, the HIZs would comprise integrated health care delivery networks that include a medical school and/or teaching hospital and provide a full spectrum of inpatient, outpatient, post-acute and preventive care to individuals, including Medicare beneficiaries. The bill authorizes the Secretary of Health and Human Services to award between 10 and 25 planning grants ranging from $250,000 to $1 million to entities for the purpose of designing an HIZ model. The secretary will then test an unspecified number of planning grant proposals, under a three-year HIZ demonstration project. The demonstration project will waive/exempt participants from certain legal and regulatory barriers preventing integration and alignment.

In a statement on the House floor Rep. Schwartz said, "Finding a uniquely American solution to our nation's health care challenges means expanding access to health coverage, containing costs, improving quality, and achieving better health outcomes. To achieve these goals we have to bridge the current system's fragmentation, encourage coordination, and promote collaboration."

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

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

Finance Committee Concludes Health Care Reform Debate

The Senate Finance Committee Oct. 2 concluded debate on amendments to its draft health care reform legislation, the America's Healthy Future Act of 2009. Committee Chair Max Baucus (D-Mont.) will request a revised Congressional Budget Office cost analysis of the amended legislation before scheduling a vote on the measure. He has stated that the committee vote may occur during the week of Oct.5. Once passed by the committee, the package must be merged with the Affordable Health Choices Act (S. 1679), the health care reform legislation adopted July 15 by the Senate Health, Education, Labor and Pensions (HELP) Committee [see Washington Highlights, July 17].

During its second week of deliberations, the Finance Committee rejected a Medicare physician payment amendment offered by Sen. John Cornyn (R-Texas), which would have extended by two years the single year of physician payment relief (0.5 percent update in 2010) contained in the modified chairman's mark. The cost of extending the fix, which committee staff estimated at $28 billion, would have been offset by eliminating the health insurance premium tax credit for families earning between 300-400 percent of the federal poverty level. While Chairman Baucus agreed that Medicare's problematic physician payment formula must be addressed, he advised that eliminating the tax credits "was not the way to do it." He stated that he was "quite confident" the physician payment issue would be resolved as part of health care reform efforts.

Additionally, Sen. Michael Enzi (R-Wyo.), the ranking member of the Senate HELP Committee, offered and withdrew an amendment striking provisions that provide $230 million in Medicare Part A support and grants through Title VII of the Public Health Service Act for new "teaching health centers" [see Washington Highlights, Sept. 25]. According to Sen. Enzi, the HELP Committee, not the Finance Committee, has jurisdiction over matters related to community health centers.

Sen. Jon Kyl (R-Ariz.) offered an amendment to strike language establishing a 5 percent Medicare payment reduction for physicians who are identified as high resource users when compared to peers who care for "patients with similar conditions." Under the modified chairman's mark, starting in 2015, physicians ranked at or above the 90th percentile of national utilization would face the cut. Calling the cut "arbitrary," Sen. Kyl expressed strong concern that the policy could potentially discourage physicians from providing necessary services. Sen. Kent Conrad (D-N.D.) agreed and urged Chairman Baucus to consider removing the language from the modified mark. The chairman agreed to further discussion of the issue, but advised Sen. Kyl that accepting such a change would require an additional $1 billion in savings elsewhere in the bill.

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

President Signs Continuing Resolution with Legislative Branch Appropriations

The president Sept. 30 signed a continuing resolution (CR) to keep most of the federal government operating at FY 2009 funding levels through the end of October, while Congress completes work on the 12 annual spending bills. The measure provides temporary increases for the Veterans Health Administration and the Census during the one-month extension.

The House and Senate approved the final bill Sept. 25 and Sept. 30, respectively. House and Senate negotiators on the FY 2010 Legislative Branch spending bill (H.R. 2918) attached the stopgap funding measure to the bill before approving the conference agreement Sept. 24 [see Washington Highlights, Sept. 25].

To date, the House has approved all its spending bills, while the Senate has approved six.

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

President Signs SBIR Extension

President Obama Sept. 30 signed legislation (H.R. 3614) to provide another short-term extension of the Small Business Innovation Research (SBIR) program. The measure extends the SBIR and other programs under the Small Business Act and the Small Business Investment Act of 1958 through Oct. 31, while House and Senate negotiators continue to work on legislation to reauthorize the programs.

House-passed and Senate-passed reauthorization bills differ on whether to increase the percentage of their budgets that major federal research agencies must devote to the SBIR program. The Senate-passed bill (S. 1233) includes a provision to 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, including the National Institutes of Health. AAMC opposes increasing the allocation [see Washington Highlights, June 26].

Originally scheduled to expire July 31, Congress approved a two-month extension of the SBIR program on July 29 [see Washington Highlights, July 31].

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

GAO Releases Report on Medicare Physician Services

The Government Accountability Office (GAO) Sept. 28 released a report titled "Medicare Physician Services: Utilization Trends Indicate Sustained Beneficiary Access with High and Growing Levels of Service in Some Areas of the Nation." According to a press release, Senate Finance Committee Chair Max Baucus (D-Mont.) commissioned the report and cited "new findings revealed disproportionate Medicare spending and potentially dangerous overuse of services in certain regions of the United States."

The report concluded that during the years 2000-2008 beneficiary access "generally remained the same or increased." The report also found that "some geographic areas of the country experienced much higher levels of utilization of physician services and much greater increases in utilization compared to the rest of the nation." Additionally, Medicare's sustainable growth rate (SGR) "does not account for geographic differences in utilization rates."

In his press release, Chairman Baucus said, "This report makes clear that serious work remains in determining why the use of certain services under Medicare is much higher in certain parts of the country than others." He committed to continuing "to work with Centers for Medicare and Medicaid Services (CMS) to assess its outcomes" especially in light of the "potential abuse and excessive spending revealed in this report."

Information:

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

Congressional Briefing Examines Geographic Variation and Health Care Reform

The University of California Sept. 29 held a congressional briefing to discuss geographic variation and Medicare spending in health care reform. Speakers at the briefing stressed that geographic differences in Medicare are not a measure of "efficiency, nor of health care spending overall" and that focusing on the "total amount of health care spending, not just Medicare spending" is critical. Panelists included J. Thomas Rosenthal, M.D., associate vice chancellor and professor of urology, David Geffen School of Medicine at UCLA, and chief medical officer, UCLA Healthcare; and Richard A. Cooper, M.D., professor of medicine and senior fellow, Leonard Davis Institute of Health Economics, University of Pennsylvania.

The presentation by Drs. Cooper and Rosenthal explained, "Payment changes made according to geographic differences in Medicare spending would result in major harm to the urban poor and others living in areas of urban poverty." Additionally, the speakers suggested that Congress should direct any future studies by the Institute of Medicine (IOM) to examine the unintended consequences when "the results of aggregate behavior (e.g., states, regions, counties) are applied to individual patients."

The Medicare Payment Advisory Commission (MedPAC) recently conducted its own analysis that showed the magnitude of regional variation in service use is lower than the magnitude of regional variation in spending [see Washington Highlights, Sept. 25].

Information:

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

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

On the Agenda in Washington

Oct. 7: Senate HELP Confirmation Hearing
10 a.m.; 430 Dirksen Building
The Senate Health, Education, Labor, and Pensions (HELP) Committee will hold a confirmation hearing on pending nominations, including Regina Benjamin, M.D., to be surgeon general.

Oct. 8: House Science and Technology Committee Hearing on High-Risk Research
1 p.m.; 2318 Rayburn Building.
The Research and Science Education Subcommittee of the House Science and Technology Committee will hold a hearing on investing in high-risk research. Panelists include representatives from the National Science Foundation, Carnegie Mellon University, Rice University, and Howard Hughes Medical Institute.

Oct.8-9: Advisory Committee on Genetics, Health and Society
Oct. 8: 6 p.m., Oct. 9: 8 a.m.; Park Hyatt, 1201 24th Street NW
The HHS Advisory Committee on Genetics, Health and Society will hold a two-day meeting that includes a review of three committee draft reports: a final draft report and its recommendations on gene patents and licensing practices along with comments received on the public consultation draft circulated earlier this year; a public consultation draft report on genetics education and training; and a revised draft paper on direct-to-consumer genetic testing.