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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
17000 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

Washington Round-Up

March 27, 1998

Introduction of Patient Choice and Access to Quality Health Care Act

On Wednesday, March 25, 1998, Representatives Dave Weldon (R-FL) and Sherrod Brown (D-OH) introduced H.R. 3547, the Patient Choice and Access to Quality Health Care Act. The legislation was referred to the House Commerce Committee and Education and Workforce Committee. At present, H.R. 3547 has five cosponsors. They are Rep. Sherrod Brown (D-OH), Rep. Tom Coburn (R-OK), Rep. Ted Strickland (D-OH), Rep. John Cooksey (R-LA), and Rep. Gene Green (D-TX).

As introduced, H.R. 3547 seeks to establish:

  • Out-of-network access;
  • Adequate/timely in-network access to specialists (as medically necessary) for enrollees in a managed care plan;
  • Grievance process for managed care enrollees;
  • Notice of enrollee rights and an enrollee information checklist;
  • Restriction on health care professional incentive plans;
  • Prohibition of interference with certain medical communications;
  • Report from the Secretary of Health and Human Services to Congress to study the effectiveness and results of the legislation's patient protections.

Attached for your review is a summary of H.R. 3547, the Patient Choice and Access to Quality Health Care Act.

Varmus Testifies Before House Labor, HHS Subcommittee

On March 10, 1998, Dr. Harold Varmus, Director of the National Institutes of Health (NIH), testified before the House Appropriations Subcommittee on Labor, Health and Human Services, and Education on its FY 1999 budget. In his opening statement, Congressman John Porter (R-IL), Chairman of the Subcommittee, expressed concerns about the FY 1999 budget for the NIH. The biggest concern the Chairman expressed was that the Administration is requesting an 8.4 % increase for the NIH without providing to the Congress an actual funding source, but instead relying on proposed tobacco legislation.

During his testimony, Dr. Varmus pointed out the five priority areas for FY 199 for the NIH. They are: "1) Research grants, which will be increased to a record 30,000, with over 8,000 new and competing awards; 2) Development of new and more powerful instruments for research; 3) Recruitment of young investigators by increasing by 25% the stipends provided to graduate students and post-doctoral fellows; 4) Improvements in clinical research such as increased support for clinical investigators and the General Clinical Research Centers, loan repayment programs for clinical trainers, and enhancing clinical trials by improving databases; and 5) Review and improvement in administration including a re-examination of the peer review panels."

Dr. Varmus' opening statement is available on the web at www.nih.gov/welcome/director/031098.htm

Press Conference for NIH Doubling

On Thursday, March 19, 1998, leaders from both chambers of Congress and celebrities assembled to promote the doubling of NIH's budget. Those attending the rally included Christopher Reeve, Mary Tyler Moore, Senator Tom Harkin (D-IA), Senator Connie Mack (R-FL), and Congressman John Porter (R-IL). All speakers urged that the NIH budget, which is $13.7 billion for 1998, be doubled over the next five years. They also explained that current research spending is insignificant compared to the $1 trillion in indirect costs every year from major diseases. Billions of dollars could be saved if better treatments were found for diabetes, cancer, and Alzheimer's, many stated.

Commerce Health & Environment Subcommittee Looks at New Developments in Medical Research

On Thursday, March 26, 1998, the House Commerce Health and Environment Subcommittee held a hearing entitled, "New Developments in Medical Research: NIH and Patient Groups." Witnesses testifing at the hearing included Muammad Ali, Congressman John Porter, and Congresswoman Nancy Johnson. The hearing was held to examine the importance of the National Institutes of Health and the role of patient advocacy groups regarding funding for biomedical research. For copies of witness testimony from the hearing, please contact Eric Byer at (202) 857-1886 ext. 3240, or e-mail him at eric_byer@dc.sba.com.

Budget Committee Chairman Releases His Mark

On March 17, 1998, Senate Budget Committee Chairman Pete Dominici (R-NM), released his version of the FY 1999 budget resolution. His draft, more commonly know as the "chairman's mark," will be the starting point for the Senate Budget Committee's consideration of the resolution. The following is the langauage within the text of the resolution on NIH:

"The Chairman's Mark assumes for the National Institutes of Health in 1999 $15.1 billion in BA (budget authority) and $13,9 billion in outlays. This funding level represents an 11% increase in 1999, on top of the 7% increase provided in 1998. Over the period 1999 to 2003, the Mark assumes providing NIH with $15.5 billion in BA and $11.2 billion in outlays above a freeze baseline." The complete version of the Chairman's Mark can be found on the web at www.senate.gov/~budget/republican/major%20documents/mark98/markcntnts.htm.

Harkin/Chafee/Graham Tobacco Legislation

On Thursday, March 12, 1998, Senators Tom Harkin (D-IA), John Chafee (R-RI), and Bob Graham (D-FL), held a press conference to present an overview on their tobacco legislation, called the Kids Deserve Freedom From Tobacco Act, or "KIDs Act." The legislation, which will be introduced in the next few weeks, would reduce youth tobacco use through a set of comprehensive policy changes. The bill would create a National Fund for Health Research to "strengthen our national commitment to finding preventive measures and cures for diseases - especially those related to tobacco use, including cancer, heart disease, emphysema, and stroke."

ASTP Signs onto Support Letter for Increased Funding at NIH

On March 17, 1998, the ASTP endorsed a letter supporting an increase in funding for the NIH for FY 1999. The letter, which will be sent to all Senate and House Budget Committee Members, asks that Members on these committees "provide sufficient budget authority and outlays to provide a $2 billion increase (15%) for the National Institutes of Health for FY 1999."

NIAID Tesifies Before House Labor, HHS, Subcommittee

On March 18, 1998, Anthony S. Fauci, M.D., Director of the National Institute of Allergy and Infectious Diseases (NIAID), tesified before the House Appropriations Subcommittee on Labor, Health and Human Services, and Education. Attached is Dr. Fauci's written testimony before the Subcommittee.

AMA Holds Annual Leadership Meeting

On March 8-11, 1998, the American Medical Association held their 1998 National Leadership Conference at the Sheraton Washington Hotel in Washington, D.C. Guest speakers included President Bill Clinton, House Speaker Newt Gingrich, and Health Care Financing Administrator Nancy-Ann Min DeParle. Copies of these speeches can be found on the web at www.ama-assn.org/mar98nlc/nlclive.htm.

Below, please find an article from Senator Connie Mack (R-FL) on tobacco money helping to fund medical research…


DEPARTMENT OF HEALTH AND HUMAN SERVICES

Democrats to Offer Managed Care Legislation Next Week

National Institutes of Health
Statement by
Anthony S. Fauci, M.D.
Director, National Institute of Allergy and Infectious Diseases

Mr. Chairman and Members of the Committee:

I am pleased to present the President's budget request for the National Institute of Allergy and Infectious Diseases (NIAID) for Fiscal Year 1999. The President proposes that the NIAID receive $702 million, an increase of 8.0 percent for NIAID non-AIDS research activities. Including the estimated allocation for AIDS research activities, total support proposed for the NIAID is $1.47 billion, an increase of 8.6 percent over the comparable FY 1998 appropriation. Funds for NIAID AIDS research efforts are included in the Office of AIDS Research budget request.

The activities of the NIAID are covered by the NIH-wide Annual Performance Plan required under the Government Performance and Results Act (GPRA). The FY 1999 performance goals and measures for NIH are detailed in this performance plan and are linked to the HHS GPRA Strategic Plan which was transmitted to Congress on September 30, 1997. The NIAID is anxious to meet the challenges set forth in this plan and we look forward to continued support from Congress that will facilitate our achieving these goals.

FIFTY YEARS: ADVANCING KNOWLEDGE, IMPROVING HEALTH

This year, the NIAID celebrates fifty years of progress in understanding, treating and preventing infectious and immunologic diseases. During the past five decades, NIAID-supported research in fields such as microbiology and immunology has led to new therapies, vaccines and diagnostic tools that have profoundly benefited global health. Capping this remarkable half-century are recent advances and initiatives that promise to further reduce the burden of disease in this country and around the world. Meanwhile, new challenges to the public health continue to emerge, underscoring the need for continued progress in our fight against infectious microbes and diseases of the immune system.

IMMUNOLOGIC TOLERANCE

A long-standing goal of NIAID-supported immunology research is the development of new and better ways to prevent the rejection of transplanted organs and tissue "grafts" by the immune system. While current immunosuppressive drugs have greatly reduced graft rejection, these agents are highly toxic and increase a patient's risk of infection, cancer and other complications. In addition, despite major improvements in immunosuppressive therapy, 10 to 50 percent of transplanted organs and tissues are rejected by patients' immune systems within the first year. (1)

Even with the latest immunosuppressive drugs, approximately 60 percent of transplanted kidneys, the organ most often transplanted, are rejected within 10 years. (2)

As we work to improve this record, we are encouraged by new findings, underpinned by years of basic immunology research, that show the feasibility of a totally new approach to preventing graft rejection. NIAID-supported researchers have demonstrated that it is possible to induce immunologic "tolerance" to a graft by turning off the specific immune responses that would otherwise attack it. Promising results in animal models have been achieved with transplanted kidneys and livers; early human studies suggest that long-term tolerance of transplanted bone marrow may be achieved with appropriate therapy.

One approach to inducing tolerance is to block the second of two signals needed by T cells to become activated and orchestrate an attack on a foreign tissue or organ. In this regard, several different blocking molecules have shown considerable promise. Other approaches to inducing tolerance involve manipulating immune system molecules called cytokines, or inducing the suicide of the immune cells that otherwise would attack a graft. The refinement of strategies for inducing tolerance could revolutionize the field of transplantation and benefit the tens of thousands of patients whose lives could be saved or improved by a donated organ. In addition, our growing knowledge of immune tolerance will help in understanding and treating other conditions such as cancer, autoimmune conditions, and allergic and infectious diseases.

THE BURDEN OF INFECTIOUS DISEASES

It is underappreciated that infectious diseases remain the leading killer of people globally and the third leading cause of death in the United States.(3) ,(4)

Of the approximately 52 million deaths worldwide in 1996, more than 17 million were due to infectious diseases, including approximately 9 million among children.(5)

In addition, a growing number of cancers and other chronic conditions have been attributed to infectious agents. For example, the bacterium Helicobacter pylori causes ulcers and stomach cancer, and Chlamydia pneumoniae has been implicated as a cause of artery-clogging plaques. Both hepatitis B virus and hepatitis C virus (HCV) can lead to liver cancer, and human papillomavirus is responsible for most cases of cervical cancer. In addition to their human toll, the financial burdens of infectious diseases are enormous. In the United States alone, costs associated with infectious diseases exceed an estimated $120 billion annually.(6)

In the face of the enormous challenges posed by infectious diseases, the sustained commitment of NIAID to basic and applied research has paid enormous dividends against newly recognized pathogens--such as human immunodeficiency virus (HIV) and HCV--and scourges which have long plagued humanity, including malaria, tuberculosis and life-threatening infant diarrhea.

PROGRESS AGAINST HIV/AIDS

HIV, the cause of the acquired immunodeficiency syndrome (AIDS), remains one of the greatest threats to global health. More than 30 million people worldwide are living with HIV/AIDS, a number expected to reach 40 million by the year 2000. In the 17 years since AIDS was recognized, an estimated 11.7 million people with HIV worldwide have died,(7) including approximately 380,000 in the United States.(8)

Despite the mounting toll of HIV, recent developments have provided a measure of optimism. In the United States, AIDS deaths dropped 44 percent from the first six months of 1996 to the first six months of 1997; new AIDS diagnoses declined by 12 percent during the same period.(9)

These encouraging trends are probably due to several factors, notably the increased use of potent combinations of anti-HIV drugs, and our growing ability to prevent and treat the many secondary infections associated with HIV disease.

Basic research into the structure of HIV and how it interacts with the immune system led to the development of the 12 antiretroviral drugs now licensed in this country. Various combinations of these drugs, as well as several investigational drugs now in clinical trials, have helped restore the health of many patients, dramatically reducing the amount of HIV in their bodies and lowering their risk of secondary infections, hospitalizations and death. In addition, new insights into the pathogens that prey on the weakened immune systems of HIV-infected individuals have led to improved prophylactic and curative therapies.

Unfortunately, many HIV-infected individuals have not benefited from the currently available drugs, cannot tolerate their side effects, or have difficulty complying with complex treatment schedules that may require them to take 30 or more pills a day. In addition, the ability of HIV to mutate and become resistant to the current drugs is a persistent threat. Therefore, the development of the next generation of therapies--well-tolerated, effective drugs that can be administered with a minimum of doses for prolonged periods--remains a priority. Together with partners in academia and industry, NIAID-supported scientists are pursuing many new treatment strategies and exploring ways to boost an HIV-infected person's immune system.

HIV VACCINE RESEARCH

In many developing countries, where health care spending may be only a few dollars per person each year, such therapies will probably remain beyond the reach of all but the most privileged. Therefore, continued research into an HIV vaccine and other means of preventing HIV infection is crucial to slowing the epidemic in these settings, as well as in our own country. To speed the pace of discovery, NIAID has strengthened its efforts in HIV vaccine research. Among recent initiatives are 58 new grants to foster innovative research on HIV vaccines and the establishment of a Vaccine Research Center within the NIH intramural research program.

HEPATITIS C

Another recently recognized pathogen of great concern is hepatitis C virus (HCV), identified in 1989. HCV is a leading cause of cirrhosis, liver cancer, and a major reason for liver transplants. Worldwide, more than 170 million people are chronically infected with HCV, including 4 million individuals in the United States.(10)

Annual HCV-related deaths number approximately 8,000 to 10,000 people in this country,(11) a figure projected to reach 24,000 deaths/year by 2017 if effective therapies are not found. To combat this epidemic, NIAID recently established a network of Hepatitis C Research Centers to study the virus and how it causes disease. In the past year, researchers at one of the new centers reported a major breakthrough: the construction of functional, infectious clones of HCV, using genetic engineering techniques. This advance has facilitated HCV studies in cell cultures and animal models.

RESPONSE TO THE THREAT OF H5N1 AVIAN INFLUENZA

We have come to understand that the emergence of previously unrecognized pathogens such as HIV and HCV is a continual process. As further evidence of this, the first known cases of human influenza caused by a virulent bird virus known as H5N1 avian influenza were identified in Hong Kong in 1997. Given the possibility that this avian virus might combine with a human influenza strain and become more readily transmissible, possibly resulting in a pandemic, NIAID moved quickly with our colleagues at the Centers for Disease Control and Prevention, World Health Organization and other agencies in addressing research questions and public health needs associated with the outbreak. Fortuitously, as part of our long-standing research into respiratory viruses, we had in our repository the specific antisera needed to quickly develop test kits for detecting the avian influenza virus. NIAID has also supported the production of a recombinant vaccine for use in at-risk laboratory and health care personnel, as well as a surveillance effort in Hong Kong to identify and characterize the source of the avian virus.

A COMMITMENT TO MALARIA RESEARCH

More than 40 percent of the world's population lives in areas at risk for malaria transmission.(12)

Approximately 300 to 500 million cases of malaria occur worldwide each year; every 20 seconds, a child dies of the disease.(13)

In the past year, the National Institutes of Health, together with research organizations and donor agencies from around the world, has worked to mobilize the scientific resources and political will needed to control this dread disease. The extraordinary interest among scientists, political leaders, the media and the general public in this new partnership, called the Multilateral Initiative on Malaria, is strong evidence that the global community has recognized the magnitude of the malaria problem.

At NIAID, we have strengthened our long-term commitment to malaria research. NIAID-supported malaria projects--many in collaboration with other government and international agencies--include a new repository of malaria research materials that are available to researchers worldwide; basic, field-based and clinical research on all phases of malaria research; and projects to determine the genetic sequences of important malaria species. In addition, new collaborations between intramural and extramural scientists on malaria vaccine research, production and evaluation are underway.

DIARRHEAL DISEASES

Like malaria, diarrheal diseases are leading killers of children, resulting in about 2.5 million childhood deaths each year.(14)

At least a third of these deaths are probably due to rotavirus, a disease for which NIAID researchers have developed an effective, orally administered vaccine. As recently reported in The New England Journal of Medicine, this vaccine, the culmination of more than 20 years of research, reduced severe diarrheal illness by 88 percent in a study of infants in Venezuela, a country where rotavirus circulates year round.(15)

The vaccine is nearing licensure in the United States and other countries, and promises to have a major impact on the health of children worldwide. In the United States alone, widespread use of the NIAID-developed rotavirus vaccine could greatly reduce the 500,000 doctor visits(16) and 100,000 hospitalizations related to rotavirus each year,(17) as well as the $1.4 billion in direct and indirect costs associated with the illness.(18)

THE PROMISE OF NEW TECHNOLOGIES

Many of the advances I have described have been facilitated by rapid advances in molecular biology, notably the development of fast and accurate methods for sequencing the genomes of disease-causing microbes. Sequence information can be used in many ways, such as finding targets for therapies, identifying antigens to incorporate into vaccines, detecting mutations that cause drug resistance, and determining the factors that influence the virulence of a microbe.

The success of the first microbe sequencing project--the delineation of the complete Haemophilus influenzae genome in 1995--encouraged the Institute's current efforts to sequence the full genomes of eight other medically important bacteria. NIAID also supports projects to provide complete or partial genome sequences of large parasitic protozoa.

MAINTAINING A RESEARCH BASE

The burden of infectious and immunologic diseases, in human and economic terms, is enormous. It is critical that we maintain a strong scientific infrastructure in core disciplines such as infectious diseases, immunology and microbiology to meet the challenges of these diseases. With skillful use of the increasingly powerful tools of molecular biology, by identifying research opportunities and priorities and vigorously pursuing them, and by sustaining a strong research base, we will be well-positioned to make further progress against current disease threats as well as the new diseases that will inevitably emerge.

Tobacco Money Must Help Fund Medical Research
By Sen. Connie Mack

In recent weeks there has been a considerable effort to develop a consensual, bipartisan tobacco agreement. I have been very encouraged by these outstanding efforts. A consensual agreement is realistically the most effective way to win the war on teen smoking and improve the health of our citizens.

Believe me, it has taken some time for me to come to this conclusion. I first had to get over my personal disgust with the conduct of tobacco company executives, and I'm sure many of my colleagues feel the same way.

Internal tobacco company documents show an industry that actively sought to hook Americans, and children in particular, to a product it knew caused life-threatening diseases and even death among tabacco users. A 1962 document states: "The amount of evidence accumulated to indict cigarette smoke as a health hazard is overwhelming, while the evidence challenging the indictment is scant."

Another document quotes an industry official as saying, "stopping smoking, all the research indicates, is quite as difficult as giving up alcohol or even heroin."

How were we supposed to negotiate with an industry that has a corporate philosophy of lying and deceiving the American people? Perhaps more importantly, why should we bother? The answer is simple. In the words of the attorney general of Mississippi, "If we don't get over being mad, we'll never get even."

I am proposing that we get even in the most constructive way possible, by hitting tobacco companies where it hurts: in the pocketbook. We have a monumental opportunity to force Big Tobacco to pick up the tab for finding cures for the very diseases it has caused. One of the main goals of any tobacco legislation has been to reduce the level of teen smoking and tobacco addiction in our country. This must remain our primary goal. Research from the American Cancer Society shows that one-third of high school students in the United States are current cigarette smokers, and research has also shown that 89 percent of adult smokers began using cigarettes by or at age 18. We must stop our youth before they start this addictive, destructive habit.

Yet if our emphasis is limited simply to reducing smoking without finding cures for diseases caused by smoking, only half our mission will be accomplished. We will have effectively abandoned those who have been unable to break the cycle of addiction and who will eventually be suffering from smoking- related illnesses.

As many people know, my family has had its share of battles with cancer. Although lung cancer has never been diagnosed in my family, we know firsthand the anxiety felt upon hearing the words "you have cancer." We also know the fear that upon discovering even the best

treatments available, we are often a long way from a cure. By focusing a significant portion of any tobacco agreement revenues on medical research, we will accomplish two goals at the same time: providing hope for those suffering from tobacco-related illnesses and their families while also making an investment in the future health of all Americans.

Research has repeatedly shown what happens to habitual smokers. You smoke, and eventually you'll get sick. Tobacco addiction greatly increases the likelihood that an individual will suffer from heart disease, emphysema, chronic bronchitis, and/or cancer of the mouth, lungs, bladder, or pancreas. Cigarette smoking is directly responsible for 80 percent of lung cancer deaths and 20 percent of all heart disease deaths. Research has also shown that smokers, on average, make six more trips to health care facilities per year than non-smokers.

A recent study published in Public Health Reports shows the cost of tobacco addiction in 1993 at $12.9 billion for Medicaid; roughly $1 out of $7 spent on the Medicaid program. The Centers for Disease Control estimated that in 1993, the direct medical costs for treating smoking-related illnesses totaled $50 billion.

If there is comprehensive tobacco legislation without significant medical research, it would be a tragedy. Big Tobacco should, at the very least, pay for research into new methods of treatment and the discovery of cures. After all, they have helped create many of the diseases and ailments currently plaguing our society.

I want to clarify that these funds ought to be used for basic medical research. Basic medical research has led to breakthroughs in many different areas. Congress must remain firm in its long-standing policy that scientists, not Congress, continue to decide how these funds would be directed and to resist the temptation to earmark research dollars for specific research initiatives. Why? Because you never know where scientific research will lead.

Less than two years ago, there was very little indication of a direct link between tobacco use and glaucoma. Today, because of unrestricted basic medical research, we know this link exists.

Also, in the 1980s, scientists at the National Cancer Institute were working to develop a therapy for the treatment of cancer. Unfortunately, the treatment did not work. However, this same research later led NCI scientists, working with the private sector, to develop the drug AZT, the first Food and Drug Administration-approved therapy which actually slowed down the progression of HIV.

If Congress had tied the hands of scientists by limiting the use of research dollars to a specific disease, it is highly unlikely that these two discoveries would have been made. There are many other examples of how research into one disease helps our understanding of other diseases.

Putting together a consensual, bipartisan tobacco agreement is no easy task. There are many complex and politically charged issues involved. We have the opportunity to craft comprehensive legislation and I encourage my colleagues to seize this moment. We have the knowledge. We have the technology. And most importantly, we have the support of the American people.

It is time for America to take this opportunity and win the war on teen smoking, and, at the same time, win the war against the diseases which plague our society.

Sen. Connie Mack (R-Fla) is the chairman of the Republican Conference.

 

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