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Washington Highlights: November 20, 2009

Senate Unveils Health Care Reform Bill

Senate Majority Leader Harry Reid (D-Nev.) Nov. 18 unveiled health care reform legislation that would expand coverage to 31 million uninsured Americans. The Congressional Budget Office (CBO) estimates 94 percent of the nation's population (excluding unauthorized immigrants) will have health care coverage under the Patient Protection and Affordable Care Act (H.R. 3590). The bill represents a merger of health care reform legislation passed by the Finance (S. 1796) and Health, Education, Labor, and Pensions (S. 1679) committees [see Washington Highlights, Oct. 16]. Sen. Reid hopes to hold the first procedural vote on H.R. 3590 before the Senate leaves for the Thanksgiving recess. The 10-year $848 billion cost of H.R. 3590 is largely offset by a new excise tax on high-premium insurance plans and payment reductions for Medicare and Medicaid providers. CBO estimates that the bill will reduce the federal deficit by $130 billion over the next ten years.

The Senate package includes an individual mandate for most Americans, effective 2014. It establishes insurance "exchanges" and offers subsidies for purchasing coverage. The exchanges include a public option that would allow for the negotiation of provider payment rates. Providers may "opt-out" of the public plan, as may states. Under H.R. 3590, nearly 15 million people will be newly eligible for Medicaid and the Children's Health Insurance Program, at an estimated cost of $374 billion over 10 years. Similar to the previous passed bills, H.R. 3590:

  • Redistributes 65 percent of currently unused residency training slots and directs those slots to hospitals in certain states;
  • Establishes a new Center for Medicare and Medicaid Innovation (CMI) to test innovative payment and service delivery models. New language in H.R. 3590 references AAMC-supported Healthcare Innovation Zones (HIZs) as one of the models that may be tested;
  • Provides a one-time 0.5 percent Medicare physician payment update for CY 2010 (costs $11.3 billion);
  • Reduces Medicare updates for most providers (saves $192 billion over 10 years);
  • Reduces Medicare and Medicaid disproportionate share hospital payments (saves $22 billion and $21 billion respectively);
  • Establishes new payment policies for hospital readmissions (saves $7 billion);
  • Implements a value-based purchasing program for hospitals (budget neutral);
  • Establishes an Independent Medicare Advisory Board, that would implement Medicare payment policy changes with limited input from Congress (saves $23 billion);
  • Includes provisions to reauthorize some of the Title VII health professions and Title VIII nursing education programs; and
  • Increases the authorization for the National Health Service Corps (NHSC) to $1.15 billion in FY 2015.

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 Approves Physician Payment Legislation

The House of Representatives Nov. 19 passed (243-183) AAMC-supported legislation that averts a scheduled 21.2 percent reduction in Medicare's 2010 physician payments. The Medicare Physician Payment Reform Act (H.R. 3961) establishes a 1.2 percent update for 2010 (the percentage increase in the Medicare Economic Index). It also eliminates the $210 billion sustainable growth rate (SGR) deficit, rebases physician payments, and establishes two new service-specific target growth rates [see Washington Highlights, Nov. 6].

In anticipation of the floor vote, a group of 127 physician organizations including the AAMC submitted a Nov. 13 letter urging Speaker Nancy Pelosi (D-Calif.), to ensure swift passage of H.R. 3961. According to the letter, "Medicine can no longer support the sort of short-term patches that have been used in the past to postpone true payment reform." The letter adds that "swift passage" of the bill will replace a "physician payment system that is widely acknowledged to be dysfunctional."

The Congressional Research Service (CRS) Nov. 6 issued a report titled "Medicare Physician Payment Updates and the Sustainable Growth Rate (SGR) System," which analyzes H.R. 3961, among other legislation. The report cites the Nov.4 Congressional Budget office (CBO) cost estimate that H.R. 3961 would increase direct federal spending by approximately $210 billion over a 10-year period, but that the modification to the SGR system may "reduce the likelihood that future expenditures exceed target expenditures, since the growth rates would be more generous under this bill than under current law."

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

Will Dardani, Constituent Services Specialist
AAMC Health Care Affairs
wdardani@aamc.org
(202) 828-0541

AAMC Testifies at HIT Standards Committee Meeting

AAMC Chief Health Care Officer, Joanne Conroy, M.D., testified Nov. 19 before the Health Information Technology (HIT) Standards Committee on teaching hospitals and health systems' experience with data theft, loss, and misuse. In her remarks, Dr. Conroy highlighted the unique security issues AAMC members face because of the number of patients they treat, the number of sites - both inpatient and outpatient - where they provide health care, the number of individuals they employ, the students they train, and the clinical research they conduct. She described approaches members are taking to combat data theft, including education programs for employees, proactive monitoring, and two factor authentication for remote users. Dr. Conroy also emphasized that AAMC members increasingly are concerned about issues related to the use of portable devices, particularly by students.

At the Nov. 19 meeting, the committee focused on security challenges and heard testimony on systems stability and reliability, cybersecurity, data theft, and building trust. Testimony addressed a wide variety of stakeholder perspectives and included discussions about how to balance security and access, creating outcome-based measures for security standards, and how to address the security not only of personal health information but also safety-critical information. The committee also discussed the use to date of the HIT FACA blog and encouraged the public to continue to contribute to this discussion through Dec. 1, the last day the public will be able to post to the blog.

The meeting agenda and all written testimony from the presentations are available on the HIT Standards Committee Web site. More detailed summaries of the meetings will be posted to the AAMC HIT Web page.

Information:
Lori K. Mihalich-Levin, J.D., Senior Policy Analyst
AAMC Health Care Affairs
lmlevin@aamc.org
(202) 828-0599

AAMC Comments on Clinical Logic for Episode Groupers

The AAMC submitted a Nov. 17 comment letter to the Centers for Medicare and Medicaid Services (CMS) on defining "episodes of care" for resource management. CMS has been researching different methods to measure efficient delivery of care. "Episodes of care" is one option that allows for the comparison of resources based on clinically similar conditions. CMS will release a request for proposal (RFP) asking interested applicants to develop a transparent, publicly available grouper logic and software specific to the Medicare population. The agency solicited comments on methodology considerations and other policy issues at a Nov. 10 listening session [see Washington Highlights, Nov. 13].

In its letter, the AAMC states that patient socio-economic status should be considered in risk adjustment methodology and that patients with mental health and substance abuse comorbidities should either be removed from analysis or put into a separate category. In addition, the AAMC encourages CMS to consider the mission of academic medicine and to adjust for the impact of teaching residents, conducting research, and for providing specialized services when comparing episodes.

Information:
Mary Patton, Senior Specialist
AAMC Health Care Affairs
mpatton@aamc.org
(202) 862-6297

Medicare Distributes $92 Million in Incentives for Physician Quality Reporting

The Centers for Medicare and Medicaid Services (CMS) Nov. 13 announced that over $92 million in incentives were paid to physicians and other eligible professionals for successfully reporting quality data through the 2008 Physician Quality Reporting Initiative (PQRI). Of the approximately 153,600 professionals who submitted quality data to CMS, more than 85,000 (55 percent) received a 1.5 percent incentive on their Medicare Part B allowed charges. The average incentive amount per professional was over $1,000.

CMS also announced an additional 3,900 professionals would receive incentive payments for the 2007 PQRI due to technical errors that were discovered in the 2007 claims analysis process. For the 2007 PQRI, CMS originally paid $36 million in incentives to more than 56,700 professionals. In that year, professionals could only report quality information for a six-month reporting period and the data had to be submitted on claims forms.

The 2008 PQRI offered more options for professionals to participate than in 2007. The number of measures increased from 74 to 119, and CMS offered the option to report on groups of measures. CMS also offered a 6-month and 12-month reporting period and allowed reporting from qualified registries. Nearly 8 percent of the PQRI participants submitted data through registries, and of those, 96 percent received incentive payments.

Information:
Mary Patton, Senior Specialist
AAMC Health Care Affairs
mpatton@aamc.org
(202) 862-6297

On the Agenda in Washington

Dec. 2: House VA Committee Hearing on VA Health Care Funding
10 a.m.; 334 Cannon House Office Building
The Full House Committee on Veterans Affairs is scheduled to hold a hearing titled "VA Health Care Funding: Appropriations to Programs."

Dec. 3: National Science Advisory Board for Biosecurity Meeting
8:30 a.m.; Bethesda Marriott, 5151 Pooks Hill Rd., Bethesda, Md.
The National Science Advisory Board for Biosecurity (NSABB) will meet for presentations and discussions regarding: (1) Introduction of new NSABB voting members; (2) federal responses to NSABB reports; (3) activities of the Working Groups on Outreach and Education and on International Engagement; (4) synthetic biology and NSABB draft report on biosecurity issues raised by synthetic biology; (5) public comments; and (6) other business of the board.

Dec. 4: Meeting of the NIH Advisory Committee to the Director
8:30 a.m., National Institutes of Health, Building 31, Conference Room 6, 9000 Rockville Pike, Bethesda, Md.
The National Institutes of Health (NIH) Advisory Committee to the Director will hold a meeting to discuss the director's report, the Council of Public Representatives Liaison report, and other pending business.

Dec. 7: Practicing Physicians Advisory Council Meeting
8:30 a.m.; 505-A Humphrey Bldg., 200 Independence Ave. S.W.
The Practicing Physicians Advisory Council (PPAC) will meet to discuss certain proposed changes in regulations and manual instructions related to physicians' services, as identified by the Secretary of Health and Human Services.