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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
   

March 1999 Newsletter

OPTN Report on Waiting Times Released

On January 22, 1999, the Department of Health and Human Services (HHS) released a report showing wide disparities in the length of time patients wait for organ transplants in different geographic areas of the United States. The study, produced by the United Network for Organ Sharing under contract with HHS, includes data on local waiting times across the country for patients placed on a transplant waiting list during two periods of time: 1993 to 1995 for kidneys, and 1994 to 1996 for pancreas, kidney-pancreas, hearts, livers, and lungs. The report also documents the number of registered patients transplanted, organ recovery rates from 1994 to 1996 for each OPO, and waiting list activity (additions and removals) for each transplant program nationwide. The Executive Summary of “The 1997 Report of the OPTN: Waiting List Activity and Donor Procurement” can be accessed from UNOS’ World Wide Web site at www.unos.org. Organ-specific volumes may be ordered by calling UNOS at 804-330-8541. For specific volumes of the report, purchasers will be required to pay shipping and handling charges.

“State of the Union” Outlines Bold Health Initiatives

In the “State of the Union” Address, President Clinton devoted attention to the “aging of America” through proposals on Medicare and long-term care. Clinton proposed using one-sixth of the budget surplus for the next 15 years to keep Medicare solvent until 2020 and called on Congress to reform Medicare to include prescription drug coverage. Other key health care measures in the speech proposed:

• Investing $320 million in NIH to further biomedical research in the areas of Parkinson’s, Alzheimer’s, diabetes, and developing vaccines for tuberculosis, malaria, and AIDS.

• Calling for the passage of the Patients’ Bill of Rights, including provisions ensuring continuity of care, the right to see a specialist, and the right to emergency care.

• Expressing concern over the threats to the privacy of electronic medical records.

• Rehashing plan to allow those aged 55 and older to buy into Medicare.

• Calling for coverage options for uninsured workers.

Legislative Priorities for 106th Congress: Managed Care Debate

Congressional leaders agreed that saving Social Security and Medicare are the government’s top priorities in the 106th Congress. However, in the Senate, the “Patients’ Bill of Rights” (S. 6) emerged as the Democrats top agenda item. Sen. Tom Daschle (D-SD) and Rep. John Dingell (D-MI) re-introduced last year’s bill in the Senate and House respectively. The “Patients’ Bill of Rights” aims to allow patients to sue managed care plans for damages over delayed or denied care, gives physicians the authority to decide whether a service or treatment is “medically necessary,” and affords patients greater access to specialty care.

The Republicans responded with their revival of last year’s legislation, “Patients’ Bill of Rights Plus” (S. 300). Some of the core protections seek to provide direct access to obstetrician-gynecologists and pediatricians, continuity-of-care provisions, and guarantee coverage of emergency services. The bill also contains a measure which would allow patients and providers the right to an external appeal of health plans’ decisions for rejecting thought to be medically unnecessary or experimental. Senate staff informed us that the Republicans made several changes to last year’s reform attempt in order to clarify language and to further define loopholes of Democratic critics.

AST Public Policy staff have learned from senior leadership aides that House Speaker Dennis Hastert (R-IL) is promising a vote on patient protection legislation this year and is calling for a bipartisan effort to produce a reform package that ensures that health care is “affordable and available” and will “empower” patients who feel they do not have enough power over health decisions.

Medicare Commission Debates Premium Support Model

The AST Public Policy staff attended the meeting of the “National Bipartisan Commission on the Future of Medicare,” the 17-member panel looking into the revamping of the federal health program, in which Sen. John Breaux (D-LA) introduced a draft proposal that would model Medicare as a premium support system, similar to the Federal Employees Health Benefits Program (FEHBP), where the government would make a fixed contribution that each beneficiary would use to pay the premium of the private health insurance plan of his or her choice. This proposal was met with skepticism by commission members, who requested more details on the core benefit package, short- and long-term costs of the proposed system, how prescription drug coverage could be added, and how graduate medical education would be financed. Members also voiced concerns over the role of the Health Care Financing Administration.

While the President proposed using 15 percent of the budget surpluses over the next 15 years to shore up Medicare as it stands today, Medicare Commission members argue that this prolongs the problems and prevents any significant reform to the program. AST Public Policy staff have learned from Commission staff that, while some members are calling for the extension of the March 1st deadline to report to Congress on their recommendations to overhaul Medicare, several Commission leaders are still stressing the need to finish their work on time. In order to make a formal recommendation, the 17-member panel must reach a consensus of 11 votes favoring any plan.

Congress Facing August Deadline on Medical Privacy

AST Public Policy staff have learned that Senate Health, Education, Labor and Pensions Chairman James Jeffords (R-VT) and House Republicans are expected to introduce legislation attempting to tackle the privacy issue rather than allowing the administration to act in default. In the 1996 insurance portability law, Congress assigned itself an August, 1999, deadline for enacting legislation to ensure confidentiality of patient records. If this deadline is not met, privacy regulations proposed by Health and Human Services (HHS) to go into effect. HHS proposed regulations would permit patients to obtain a copy of their records and propose corrections. They would require organizations that provide and pay for health care to give patients a clear, written explanation of how they will use, store and disclose information. The regulations would apply to doctors’ offices, hospitals, insurance companies, employers, claims administrators and pharmacies.

Senator Specter and Senator Harkin Call for More Research Funding

Senator Arlen Specter (R-PA) and Senator Tom Harkin (D-IA) introduced Senate Resolution 19 calling on Congress to increase funding for biomedical research by $2 billion for the FY 2000 budget. The measure, introduced last week, specifically cites the challenges associated with hepatitis C virus, an insidious liver condition leading to an increase in liver transplants, and the comprehensive threat posed by cancer to any tissue or organ of the body, and the subsequent need to address these problems by providing the National Institutes of Health (NIH) with the resources it deserves. Although the resolution is “non-binding” and would not automatically mandate an increase in funds for NIH if passed, it is, nonetheless, a significant step in providing support for biomedical research. Both Senators are key members of the Appropriations Subcommittee that has jurisdiction over NIH funding.

NIH Announces New Grant Application Procedures

On January 21st, AST Public Policy staff received an announcement from Dr. Harold Varmus, Director of the National Institutes of Health (NIH), regarding new grant application, review, and award procedures that will apply with the June 1, 1999, grant application receipt date. The new streamlined format, known as the Modular Research Grant Application and Award Initiative, will apply to many major research grant applications, including the most popular research grant mechanisms.

NIH announced its goal of reducing an applications receipt to award cycle from ten months to six months by the year 2000. Under the new grant application and award procedure, applicants will request total direct costs in $25,000 increments, up to $250,000, in any year of a project. Applicants requesting more than $250,000 in direct costs in any given year will continue to follow existing application and award procedures. For more information on the new grant process, please access the following Web Page sponsored by NIH: http://www.nih.gov/grants/funding/modular/modular.htm.

Surgeon General Honored; Cites Research as Top Priority

AST Public Policy Staff attended the Genome Action Coalition’s 4th Annual James D. Watson Lecture and Award Ceremony where Dr. David Satcher, Surgeon General and Assistant Secretary, Office of Public Health and Science, was presented with the James D. Watson Award for outstanding service in the field of genome research by the Genome Action Coalition. In accepting the award, Dr. Satcher spoke on the need for sound, cutting-edge research in attaining public health care goals. He emphasized the need to apply the most recent technology to the current health care system. Dr. Satcher outlined the following evolving health care priorities he will pursue as Surgeon General in the next few years.

• Provide a healthy start to our children including pre-natal care.

• Promote healthy lifestyles by reducing toxins, working against substance abuse, emphasizing importance of nutrition and physical activity, and promoting responsible sexual activity.

• Change mental health environment to one of caring and support.

• Eliminate discrimination and disparities toward ethnic minorities by our health care system.

• Move towards a balanced community health system.

Dr. Satcher used the problems of diabetes and End Stage Renal Disease (ESRD) as examples of health disparities among minorities. During a recent trip to the West Coast, the Surgeon General was reminded first hand how kidney-related diseases disproportionately affect members of the Native American and African American communities. In response to these problems, Dr. Satcher advocated continued research and stepped up efforts in the field of prevention and early detection as just a few steps in the right direction.

Medicare Health Plans Consumer and Performance Assessments Now Available

This week, the Health Care Financing Administration (HCFA) began posting the results of a survey involving more than 100,000 Medicare beneficiaries enrolled in managed care plans that participate in Medicare on their website (http://www.medicare.gov). The public can now examine information assessing the quality of care provided by Medicare-contracted health plans, as rated by other beneficiaries.

Medicare on “High-Risk” List as HCFA Fails to Combat Fraud

A General Accounting Office (GAO) report released this week once again characterized Medicare as “High-Risk,” as it analyzed federal programs to determine which ones are most at risk for waste, fraud, and abuse. According to the report, HCFA has been slow to develop initiatives to curb fraud, waste, abuse, and mismanagement despite Congress’ legislative efforts.

Subcommittee Assignments and Leaders Named

Rep. Jesse Jackson, Jr. (D-IL) and Rep. Randy Cunningham (R-CA) are the newest members of the House Appropriations Health and Human Services Subcommittee. Rep. Jackson is supportive of increased spending for biomedical research, especially in the areas of minorities and women. Rep. Cunningham is a supporter of cancer research. On the Senate Appropriations Health and Human Service Subcommittee, Sen. Ted Stevens (R-AK) and Sen. Jon Kyl (R-AZ) fill slots opened by departing members.

The Senate Finance Committee Chairman, Sen. William Roth (R-DE), called on Sen. John Chafee (R-RI) to head the Health Care Subcommittee which has jurisdiction over health programs under the Social Security Act and health programs financed by a specific tax or trust funds such as Medicare.

Sen. Joseph Lieberman (D-CT) replaces retiring Sen. John Glenn (D-OH) as ranking member on the Senate Governmental Affairs Committee charged with oversight of government operations and organization and intergovernmental regulations. The Governmental Affairs Permanent Subcommittee on Investigations, chaired by Sen. Susan Collins (R-ME) and Sen. Carl Levin (D-MI) as ranking member, is currently examining Medicare fraud and abuse legislation.

AST’s Support of Organ Donation Commended on the Floor of the Congress

On February 2, 1999, Congressman Elijah Cummings (D-MD) introduced the Organ Donor Leave Act, H.R. 457. The legislation seeks to incentivize organ donation by increasing the amount of leave time for federal employees serving as organ donors. During the introduction of the bill, Congressman Cummings stated, “This bill has the support of the American Society of Transplantation, the largest professional transplant organization in the United States. In a letter expressing their support for the bill, the AST stated, and I quote, ‘A lack of leave time has served as a significant impediment and disincentive for individuals willing to share the gift-of-life.’” In addition, Congressman Cummings read an entire letter of support from AST President John Neylan, M.D., on the floor. Cummings praised the AST for its strong commitment to increasing donation and its leadership regarding transplantation issues on Capitol Hill.

 

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