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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
   

August 1999 Newsletter

Appropriations Update: House and Senate Postpone Markups

On Wednesday, July 21, 1999, the House Appropriations Subcommittee on Labor, Health and Human Services (HHS), Education and Related Agencies canceled its scheduled meeting to consider or “mark-up” the bill that funds health related programs for FY 2000. As previously reported, Congress must now face difficult budget choices brought on by the 1997 Balanced Budget Agreement (BBA). The BBA placed “caps” or limits on overall government spending. In an effort to hold spending under these caps, the pool of money available to the Labor, HHS Subcommittee, along with many of the other appropriations subcommittees, is small. Specifically, under the present “allocation,” health programs would be funded at approximately $12 billion below FY 1999 levels. Congressional leaders including House Appropriations Full Committee Chairman C.W. Bill Young (R-FL), Speaker Dennis Hastert (R-IL), and others are trying to negotiate ways to provide more funding for the Labor, HHS appropriations bill. Thus far, no concrete ideas have been offered. No firm date has been set to reschedule the mark-up.

The Senate Appropriations Subcommittee on Labor, HHS, tentatively scheduled to mark-up its version on July 28, 1999 also postponed the markup of their appropriations bill. Ted Stevens (R-AK), Chairman of the Full Senate Appropriations Subcommittee, has indicated that he would like the Senate to the break the budget caps in order to allow for more funding to flow to health programs. However, this action would require a 60-vote majority in the Senate. Negotiations continue in the Senate as the scheduled mark-up remains unknown. Both Senate and House are now expected to take up the Labor, HHS appropriations following the Congressional Recess scheduled for August 7 - September 7.

As a result, AST members are still encouraged to communicate with their Members of Congress regarding the need for increased funding. Please see the sample letter provided at http://www.a-s-t.org/policy/nih0699.htm. AST Public Policy Staff will continue to monitor the budget and appropriations process and provide updates on key developments.

Managed Care Reform Debate Still Alive in the House

On Thursday, July 29, 1999, House Speaker , J. Dennis Hastert (R-IL), announced that it is doubtful that a bill to increase patients' rights in dealing with their managed health care plans will be ready for floor action before the August recess. This announcement follows two days of discussions by House Republican leaders in regard to bringing a managed care reform plan directly to the House floor for a vote by next week prior to the August recess.

An ad hoc working group of members from the three committees of jurisdiction; the House Commerce Committee, the House Ways and Means Committee, and the House Education and Workforce Committee, are attempting to draft a composite piece of legislation. However, during a Republican Conference Meeting on July 29, 1999, leaders remained divided over how much power to give patients and their doctors in dealing with insurers. Collaborative legislation is expected to contain elements of last year’s House-passed managed care reform bill and some provisions from the Senate version (S. 1344) that was passed in the Senate two weeks ago.

AST Public Policy Staff will be utilizing AST’s website to alert members of ongoing developments and action taken to continue to make AST’s voice heard on Capitol Hill.

IOM Releases Report on Organ Procurement and Transplantation

On July 20, 1999, the Institute of Medicine (IOM) released its much anticipated report on organ procurement and transplantation policies. The report focuses primarily on issues relating to the policies and data concerning liver procurement and allocation, because those were at the center of the debate leading up to the committee's study. The IOM Report concluded that the current system is reasonably effective and equitable; however ,the allocation of livers to those with the greatest medical needs could be more efficient with improved supervision and oversight. The IOM Committee generally supported the concepts presented in the U.S. Department of Health and Human Services (HHS) Final Rule including enhanced oversight and broader sharing of organs. The IOM Report reiterated that the federal government should provide effective oversight and review of the organ procurement and transplantation system and make the necessary improvements.

In 1998, HHS published a new regulation, setting the ground rules for organ procurement and allocation in the United States. Congress suspended implementation of the regulation, asking the IOM to study its possible ramifications on organ donation rates, equitable access to transplantation, and costs. Congress is expected to address the issue of organ allocation prior to the October 21, 1999 expiration of the congressionally mandated one-year moratorium.

The IOM Report is available on the Internet at http://books.nap.edu/catalog/9628.html. AST members should stay tuned to the AST website at http://www.a-s-t.org/pubpolicy.htm for AST’s statement regarding the IOM Report.

AST Welcomes the Passage of the Organ Donor Leave Act

The Organ Donor Leave Act, H.R. 457, sponsored by Representative Elijah Cummings (D-MD), passed the House on July 26, 1999. This legislation seeks to incentivize organ donation by increasing the amount of leave time for federal employees serving as organ donors. It provides those individuals giving the “gift-of-life” with reassurance that they will be granted an adequate amount of time to recuperate from the life-saving process they volunteer to undertake.

Currently, federal employees are allowed to use up to seven days of paid leave in order to donate bone marrow or organs. The Organ Donor Leave Act would extend this time to 30 days for organ donors since organ donations generally require a longer recovery period.

AST has been actively involved in this legislation since its introduction and was on record during Rep. Cummings introductory floor statement as supporting this initiative. AST Public Policy Staff is actively pursuing co-sponsorship and movement of the Senate companion legislation sponsored by Senator Daniel Akaka (D-HI). The Akaka bill is expected to be taken up in the Senate during the first week in August. Following a vote on the Senate floor, this legislation would proceed to President Clinton for signature.

AST Board Member Meets with Representative Sherrod Brown

Dr. Donald Hricik, AST Councilor-At-Large, met with Representative Sherrod Brown (D-OH) to educate him on the needs of Ohio transplant recipients whose transplants are at risk due to lack of coverage for immunosuppressive drugs. Dr. Hricik encouraged Rep. Brown to co-sponsor Representative Charles Canady (R-FL) legislation, H.R. 1115. The Immunosuppressive Drug Coverage Act seeks to eliminate the time limitation on benefits for immunosuppressive drugs under the Medicare program, currently limited to only three years after transplantation.

Dr. Hricik was accompanied by Bruce Weir, President of the Transplant Recipients International Organization, Inc. (TRIO) and a patient from Cleveland, Ohio. Representative Brown seemed knowledgeable about the legislation as the Ranking Minority Member of the House Commerce Committee. On August 2, 1999, Rep. Brown signed on as a co-sponsor to this legislation following Dr. Hricik’s meeting. AST Public Policy Staff will continue to pursue co-sponsorship for this legislation in conjunction with TRIO and the National Kidney Foundation.

Medicare Proposes 2000 Physician Fee Schedule

The Health Care Financing Administration (HCFA) published the Notice of Proposed Rulemaking regarding physician fee scheduled for calendar year 2000 that seeks a transition to a fairer physician payment system. The 2000 Medicare physician fee schedule continues the transition relating payments for physician practice expenses to the actual resources used to provide medical services rather than physicians' historical charges.

The fee schedule specifies payments to physicians for more than 7,000 services and procedures, ranging from routine office visits to cardiac bypass surgery. In 2000, Medicare will spend about $37 billion on physician services. Under the proposed fee schedule for calendar year 2000, physicians who provide services primarily in office settings, such as family practice and internal medicine specialists, would receive slightly increased payments, while physicians who provide services primarily in the hospital setting would receive slightly decreased payments. However, because of the malpractice insurance cost adjustments, emergency department physicians would receive a 2.7 percent increase and nephrologists a 1.3 percent increase. No specialties are expected to receive payment decreases or increases greater than 1 percent.

The FY 2000 Medicare Fee Schedule is available from the Federal Register Online at http://www.access.gpo.gov/su_docs/aces/aces140.html in the July 22, 1999 issue. Please contact AST Public Policy Staff at 202-857-5322 should you have problems accessing the Medicare Fee Schedule.

Survey Shows Conflict Between Doctors and Managed Care Plans

A survey conducted by researchers at the Kaiser Family Foundation and Harvard School of Public Health found a high level of conflict between the medical professionals and health insurers. The random survey of 1,053 doctors and 768 nurses released on Wednesday, July 28, 1999, showed almost nine out of 10 doctors reporting that health plans have denied coverage of needed services over the past two years.

About three-quarters of the doctors and nurses said managed care has decreased the quality of care. Denials of coverage for prescription drugs led the list -- 61 percent of doctors said it happens on a weekly or monthly basis. Denials for diagnostic tests (42 percent), overnight hospital stays (31 percent), referrals to specialists (29 percent), and mental health services (18 percent) followed. Among nurses, 48 percent said a health plan decision had resulted in a decline in health for their patients.

The positive aspect of the survey was that 68 percent of the doctors surveyed cited that managed care had increased their use of practice guidelines and disease management protocols. Managed care also contributed to the greater likelihood that patients would receive preventive services as relayed by 45 percent of the surveyed doctors.

Congressional Budget Process and Timeline

To see the flow chart the government must go through to product a budget, click here.

 

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