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WASHINGTON
REPRESENTATIVE:

Bill Applegate
Director of
Government Relations

Armstrong Teasdale LLP
1747 Pennsylvania Avenue, NW
Suite 300
Washington, DC 20006-4604
P: 202- 454-2864
F: 202-
393-0363
wapplegate@armstrongteasdale.com

American Society
of Transplantation
15000 Commerce Pkwy.
Mt. Laurel, NJ 08054
P: 856-439-9986
F: 856-439-9982
ast@ahint.com


 

 

 

 

 

 

 

 

  PUBLIC POLICY LIBRARY
   

American Society of Transplant Physicians
 

Public Policy Library Document

May 29, 1998 Washington Round-Up

Appropriations Season to Start after Memorial Day Recess

When Congress returns from Memorial Day Recess on Tuesday, June 2, 1998, Congress will focus its attention on the 13 appropriation bills for Fiscal Year 1999. Among the most contentious bills will be the Labor, Health and Human Services, and Education bill. The tentative discretionary spending allocations for the House and Senate subcommittees that hold jurisdiction over these bills have been set and are the following:

President's Request Senate Allocation House Allocation

(Budget Authority, in millions of dollars)

Labor, HHS, Education $84,146 $82,319 $82,052

The total amount of discretionary spending for all 13 subcommittees in both the Senate and House is $532,820 billion, which is approximately $6 billion less than the White House requested for FY 1999.

At a luncheon on May 18th, Senator Ted Steven (R-AK), Chairman of the Senate Appropriations Committee, explained to all 13 Senate Appropriation Subcommittee Chairmen that they should only spend 95% of their allocation, and reserve the remainder of the cost for the "year 2000 computer fix program" that starts next year. This would make it more difficult for Senator Arlen Specter (R-PA), Chairman of the Senate Appropriations Subcommittee for Labor, Health and Human Services, and Education, to provide a substantial increase to the National Institutes of Health (NIH) for FY 1999.

The ASTP has initiated and conducted a variety of targeted grassroots efforts to mobilize Congress in support of increased research funding at the NIH. In addition, ASTP has testified before the House Appropriations Subcommittee on Labor, Health and Human Services and the Appropriations Subcommittee on Veterans Affairs. ASTP grassroots efforts have included targeted letter-writing, telephone call, and e-mail campaigns focused on the Members of Congress serving on the Appropriations Committees. ASTP leadership has also been conducting a series of "face-to-face" meetings on Capitol Hill to educate key Congressional leaders on the importance of increased funding for research.

Tobacco Legislation Continues to Travel Rough Road in the Senate

In hopes of leaving for the Memorial Day recess with one of the "most far-reaching consumer and public health bills of the modern era," sponsors of tobacco legislation in the U.S. Senate withdrew their measure late on Thursday, May 21, 1998. S. 1415, the Universal Tobacco Settlement Act, a bill to reform and restructure the processes by which tobacco products are manufactured, marketed, and distributed, to prevent the use of tobacco products by minors, and to redress the adverse health effects of tobacco use, had been the Senate's best hope for tobacco legislation this year. However, two factors broke down any chances of the bill before Memorial Day adjournment:

1) The deletion of an $8 billion annual civil liability cap on tobacco firms, which was one of the more favorable parts of the legislation for big tobacco companies.

2) An amendment that would strengthen goals in the bill to reduce youth smoking by punishing companies for not meeting a target of reducing teen smoking by 67 percent over the next 10 years. Opponents called this measure unconstitutional to punish companies for not meeting a goal that it cannot directly control.

A large portion of the funding within the President's FY 1999 budget request is based upon a tobacco settlement bill being passed by Congress this year. This directly reflects upon funding for the NIH, as the increase proposed by the President within the Labor, HHS, and Education section of the budget, where the NIH is funded, is based upon monies that currently do not exist.

Managed Care Following Suit in the House

Trying to put together a managed care proposal that would be agreeable by both parties for passage before the Memorial Day recess, the House Republican health care task force has continued to run into roadblocks. On Wednesday, May 20, 1998, Speaker Newt Gingrich (R-GA) urged the task force to rework its draft proposal to make sure that it does not place excessive Federal mandates and constraints on managed care plans or employers. Gingrich stated that, "I believe in empowering citizens, not bureaucrats," over his concerns that the task force's proposal would be too regulatory and involve the government too much in the health care process.

Congressman Dennis Hastert (R-IL), Chairman of the task force, explained that the group has been meeting on a monthly basis to produce a comprehensive and bi-partisan plan, and had hoped to have a proposal before leaving for the Memorial Day recess, but did not.

The task force's bill may address such issues as requiring insurers to pay for emergency medical care, appealing a health plan's decision on coverage; purchasing groups to allow small businesses to receive the same discounts on health insurance as large companies receive; and changing the current tax code to broaden the deductibility of tax benefits. Congressional leaders stated that they now hope that the task force's proposal will be completed by mid-June.

The ASTP has met with and educated members of the House Republican health care task force on key transplantation principles that should be included in any managed care reform package. In addition to meetings on Capitol Hill, ASTP conducted a Congressional grassroots letter-writing campaign addressing the concerns of the Society with regard to managed care.

Congressman Stark Introduces GME Physician Workforce Shortage Legislation

On Thursday, May 21, 1998, Congressman Fortney "Pete" Stark, Ranking Minority Member of the House Ways & Means Health Subcommittee, introduced the "Medicare Critical Need GME Protection Act of 1998." This bill would give the Secretary of the Department of Health and Human Services the opportunity to fully fund direct graduate medical education (GME) for specialties where a shortage of physicians exists.

Rep. Stark stated that, "Congress has already recognized two subspecialties for full funding of GME - preventive medicine and geriatric medicine. My bill simply provides the Secretary of Health and Human Services with the ability to define other appropriate specialties and subspecialties for similar treatment, and to provide full GME funding for as long as the Secretary deems it is necessary." Stark continued by stating that, "In general, the U.S. has an oversupply of physicians. But there are exceptions. We should not hinder training of specialists where there is evidence of a serious shortage."

In his extension of remarks to introduce the bill, Congressman Stark uses nephrology as one example of a current subspecialty facing serious shortages of professionals.

Shalala Appoints Fox as HRSA Administrator

On May 12, 1998, Health and Human Services (HHS) Secretary Donna E. Shalala announced the appointment of Claude Earl Fox, M.D., M.P.H., as administrator of the Health Resources and Services Administration (HRSA). Dr. Fox has been acting in the position since March 17, 1997.

HRSA, with a $3.67 billion budget, expands access to care for poor, uninsured and isolated individuals and families through an array of grants to state and local governments, health care providers, and health professions training programs.

The ASTP continues to work with HRSA on the OPTN regulations. A meeting between the ASTP and Dr. Fox has been scheduled on Wednesday, June 17, 1998, to discuss the regulations.

The ASTP is also working with the staff of the House Commerce Committee to assist in the planning of their upcoming hearings on the OPTN regulations. The Commerce Committee is tentatively scheduled to hold hearings on June 18th to examine HHS Secretary Shalala's recently released OPTN regulations.

Nethercutt to Introduce Legislation on Pancreas Transplants

Representative George Nethercutt (R-WA) is currently drafting legislation for Medicare benefits for pancreas transplants, according to the Insulin Free-Times. Nethercutt, whose daughter has Type 1 diabetes, is drafting the legislation because of continuing lack of coverage of pancreas transplants.

Teaching Hospitals Press HCFA for Medical Education Payments

Teaching hospitals that provide services to Medicare patients have not been receiving their direct payments from HCFA as required under the Balanced Budget Act (BBA) of 1997. The American Hospital Association (AHA) and the Association of American Medical Colleges (AAMC) sent a May 19th letter to HCFA requesting the money. The BBA required the agency to begin to make indirect medical education and direct graduate medical education payments on January 1, 1998. However, in late February HCFA announced that no payments would be made until final instructions were issued, which was projected for July 1998. The AHA and AAMC wrote to the agency that they have learned that the delay will be even longer and have requested that Medicare pay interest on all payments owed. The two organizations estimated that more than $100 million could be held up while teaching hospitals continue to provide services to Medicare patients.

 

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