New Law Provides Short-Term Physician Fee Schedule Fix, Extension of Therapy Cap Exceptions Process

Last night the Senate joined the House in approving H.R. 4691, the Temporary Extension Act of 2010, which President Obama promptly signed into law.  The legislation includes a one-month extension of the Medicare physician fee schedule freeze in lieu of the 21.2% cut that briefly went into effect March 1, 2010 (that is, the law continues to hold payments at 2009 levels through the end of March). The measure also extends the outpatient therapy cap extension process, which had expired at the end of 2009, through March 31, 2010.  In addition, the law extends COBRA insurance premium assistance through March 31, 2010. Note that lawmakers are negotiating a longer-term extension of expiring Medicare provisions, along with an extension of enhanced federal Medicaid matching payments and other health policy revisions, as part of a broader jobs bill, the "American Workers, State and Business Relief Act."

House Approves Health Care Antitrust Act

On February 24, 2010, the House of Representatives approved H.R. 4626, the “Health Insurance Industry Fair Competition Act,” by a vote of 406 to 19. The bill, which would repeal the antitrust exemption for health insurance companies provided under the McCarran-Ferguson Act, now moves to the Senate, where it could be considered as part of broader health reform legislation. 

Congressional Health Policy Hearings

A number of recent hearings in the House of Representatives have focused on health policy issues, including: 

In addition, today the House Energy and Commerce Health Subcommittee is holding a hearing on medical radiation, and on March 3, the Senate Homeland Security and Governmental Affairs Committee, Federal Financial Management Subcommittee will review oversight challenges in the Medicare Part D prescription drug program.   Two health care fraud hearings have been scheduled for Thursday, March 4. The House Judiciary Subcommittee on Crime, Terrorism and Homeland Security has scheduled a hearing entitled “The Enforcement of the Criminal Laws Against Medicare and Medicaid Fraud,"  and the House Appropriations Labor-HHS Committee is holding a hearing on "Combating Health Care Fraud and Abuse."

CMS Extends Medicare Secondary Payer (MSP) Reporting Deadline to January 1, 2011

Medicare is the “secondary” payer of health benefits for Medicare beneficiaries when another entity is the “primary” payer. Under new MSP enforcement rules, all entities that are considered primary payers and meet the definition of a responsible reporting entity (RRE) must register with CMS and comply with certain reporting requirements. Such RREs include (1) group health plans, and (2) non-group health plan (NGHP) arrangements, such as carriers of liability insurance (including self-insurance), no-fault insurance, and workers’ compensation. CMS recently announced it is extending its reporting requirement for NGHPs until January 1, 2011. CMS also has posted three new alerts on NGHP RRE Compliance, NGHP Alert Risk Management and NGHP RREs Who Must Report.

Mental Health/Substance Abuse Parity Interim Final Rules Published

On February 2, 2010, the Departments of Health and Human Services (HHS), Labor, and the Treasury published a joint interim final rule with comment period implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. The statute requires group health insurance plans to provide parity between mental health or substance use disorder benefits and medical/surgical benefits with respect to financial requirements and treatment limitations. The rule is effective April 5, 2010, and applies to group health plans and group health insurance issuers for plan years beginning on or after July 1, 2010.  CMS will accept comments on the rule until May 3, 2010.   A Reed Smith Alert on the new rules is available here.  

House Approves Temporary Medicaid Funding Increase

The House has approved a temporary extension of enhanced Medicaid matching funds as part of legislation designed to spur job creation. H.R. 2847, passed on December 16, 2009, would provide $23.5 billion to extend higher federal Medicaid matching fund levels under the American Recovery and Reinvestment Act of 2009 (ARRA) through June 2011. The bill also would provide $12.3 billion to extend from nine to 15 months the 65% COBRA health insurance subsidy for individuals who have lost their jobs. The bill, the “Jobs For Main Street Act of 2010,” now moves to the Senate, where the outlook is questionable given that chamber’s current focus on health reform legislation. 

Congressional Hearings (Nov. 2009)

A number of Congressional committees have held hearings recently on health policy issues, including a Senate Health, Education, Labor, and Pensions hearing examining increasing health costs facing small businesses and a House Appropriations Committee “briefing” on the "2009 H1N1 Influenza Pandemic: Examining the Federal, State, and Local Public Health Response." In addition, on November 18, 2009, the House Energy and Commerce Committee has scheduled a hearing on “H1N1 Preparedness: An Overview of Vaccine Production and Distribution.”

House Panel Approves Bill to End Insurance Anti-Trust Protections

The House Judiciary Committee has passed H.R. 3596, the Health Insurance Industry Antitrust Enforcement Act of 2009. H.R. 3596 would prohibit companies that provide health and medical malpractice insurance from price fixing, bid rigging, or allocating markets while providing coverage for health insurance or medical malpractice claims. The Congressional Budget Office (CBO) estimates that the legislation would have no significant effect on the premiums that private insurers would charge for health insurance, in part because state laws already bar the activities that would be banned under federal law. 

Congressional Hearings on Health Policy Issues

A number of Congressional committees have held hearings recently on health policy issues, including the following:

October Congressional Hearings

A number of Congressional committees have held hearings recently on health policy issues, including the following:

In addition, several hearings are scheduled for October 15.  The Senate Small Business Committee is holding a hearing on "Sensible Health Care Solutions for America's Small Businesses." The Senate HELP Committee will examine health care equality for women.  The Energy and Commerce Oversight Subcommittee is holding a hearing on the problem of underinsurance.

Genetic Nondiscrimination Rules Published

On October 7, 2009, CMS published an interim final rule with comment period implementing sections certain provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA) that prohibit discrimination based on genetic information in health insurance coverage and group health plans.  These interim final regulations are effective on December 7, 2009; comments will be accepted until January 5, 2010. In a related development, the Department of Health and Human Services (HHS), Office for Civil Rights, also published a proposed rule on October 7 that would modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy standards to implement GINA provisions addressing the privacy and confidentiality of genetic information and make certain other changes to the HIPAA privacy rule. Comments will be accepted until December 7, 2009.

CBO Score of Finance Committee Health Reform Bill Released

The Congressional Budget Office (CBO) has released its preliminary score of the Senate Finance Committee health reform bill, as amended in committee.   In brief, the CBO concludes that the bill would cost $829 billion gross over 10 years, but result in a net savings of $81 billion over 10 years.  CBO estimates that the bill would would reduce direct spending on Medicare, Medicaid, and CHIP by $404 billion over the 2010–2019 period, and the Medicare and Medicaid provisions would increase federal revenues by approximately $16 billion over this period.  Program savings include $162 billion in reductions to annual updates to Medicare fee-for-service rates (other than physicians’ services), and a $117 billion cut in payments to Medicare Advantage plans.  The number of uninsured nonelderly individuals would be reduced by about 29 million, leaving about 25 million nonelderly residents uninsured (about one-third of whom would be unauthorized immigrants).  The Finance Committee is scheduled to vote on the bill on October 13, 2009.

 

Congressional Hearings/Markups

A number of Congressional panels have held hearings recently on health policy issues, including the following:

In addition, the following hearings and markups currently are scheduled:

 

 

Senate HELP Committee Approves Health Reform Legislation

On July 15, 2009, the Senate Committee on Health, Education, Labor, and Pensions (HELP) approved its health reform plan, the “Affordable Health Choices Act,” on a party-line 13-to-10 vote. In addition to significant insurance reforms, including a public health plan option, the legislation addresses a variety of other health policy issues, such as health care quality, health care workforce issues, preventive care, chronic care management, and a regulatory approval process for follow-on biologicals. The major features of the legislation are outlined below.

  • Insurance Market Reforms: The bill includes various insurance market reforms, including guaranteed issue/renewability, a ban on pre-existing condition exclusions or lifetime/annual benefit limits, and a continuation of dependent coverage for children until the age of 26. Premium payments within each market may vary only by family structure, geographic region, actuarial value of benefits, tobacco use, and age (with limitations). Rates may not be based on gender, class of business, or claims experience. Health insurance policies would include incentives for care coordination, chronic disease management, and other health promotion activities, and cost-sharing would be limited for certain preventive services. These provisions would not apply to plans with enrollment prior to enactment, collective bargaining agreements ratified prior to enactment, or self-insured group health plans.
  • Access to Insurance. The bill would establish an “Affordable Health Benefit Gateway” in each state to help qualified individuals and employer groups to purchase affordable health insurance. The Gateways must offer plans providing “essential health care benefits” meeting affordability standards and minimum coverage standards (states could require additional benefits but must assume additional costs). The bill also would establish a public health plan, dubbed the Community Health Insurance Plan, to ensure access to the essential health benefits package. The Secretary would be required to negotiate rates for provider reimbursement under the Community Health Insurance Plan, which may not be higher than the average of all Gateway reimbursement rates.
  • Affordability of Coverage. The legislation would establish a new subsidy structure to support the purchase of private health insurance, including premium assistance and cost sharing limits. Credits will be provided on a sliding scale based on income (up to 400 percent of the poverty level) to enable families to purchase essential health care benefit plans through the Gateway. Credits also will be available for small businesses that pay 60 percent or more of their employees’ health insurance premiums.
  • Insurance Mandates. Under the legislation, individuals would be required to have health coverage that meets minimum standards or face a financial penalty of up to $750 per year (with exemptions for individuals unable to access affordable care). Fees also would be assessed on employers who do not provide qualifying coverage for full- and part-time employees (with an exemption for employers with 25 or fewer employees).
  • Improving Access to Health Care Services. Among other things, the legislation would increase spending for Federally Qualified Health Centers, the National Health Service Corps, and community-based mental and behavioral health services. A temporary reinsurance program would be created to reimburse employers who provide health benefits to retirees not yet eligible for Medicare in states without Gateways. The legislation also would create the Community Living Assistance Services and Supports (CLASS) program, a national insurance program financed through voluntary payroll deductions that would assist individuals unable to perform two or more functional activities of daily living. Under the CLASS program, cash benefits would be paid into a Life Independence Account to purchase nonmedical services and supports needed to maintain a beneficiary’s independence at home or in another residential setting, including home modifications, assistive technology, transportation, homemaker services, respite care, personal assistance services, home care aides, and added nursing support.
  • Health Care Quality and Wellness. The legislation would require the HHS Secretary to establish a national strategy and support infrastructure to improve the quality of the U.S. health care system. Among other things, this strategy would include the development and dissemination of quality measures and the identification of best practices; improved care coordination; and updated standards for electronic health data interchange. In addition, the proposal would expand federal preventive health and wellness efforts through a new National Prevention, Health Promotion and Public Health Council. Funding also would be provided to, among other things: increase access to primary medical, dental, and behavioral health care services, particularly for targeted populations; promote community health and prevention efforts focusing on chronic diseases; support vaccination efforts; and identify and disseminate best practice information related to prevention and health impact assessments. The legislation also mandates that the FDA determine the usefulness of prescription drug fact boxes in advertising and other forms of communication.
  • Health Care Workforce. The legislation includes a number of mechanisms to expand the health care workforce, enhance health care workforce education and training, and support the existing health care workforce. Among other things, a National Health Care Workforce Commission would be established to advise Congress on how to align federal health care workforce resources with national needs, and funding would be provided through a series of grant, scholarship, and loan programs.
  • Fraud & Abuse Provisions. The legislation would establish a new Senior Advisor for Health Care Fraud within HHS and a Senior Counsel for Health Care Fraud Enforcement within the Department of Justice to coordinate each department’s health care fraud efforts. A Health Care Program Integrity Coordinating Council also would be created to provide additional federal health integrity coordination. The bill would strengthen enforcement authorities related to Multiple Employer Welfare Arrangements (MEWAs), including adding three crimes related to MEWAs to the list of federal health care offenses and prohibiting certain false statements in marketing materials. The bill also would create an optional federal privilege that would cover all confidential communications among state regulators (and the NAIC) and federal regulators to conduct regulatory oversight of covered entities. (Currently, entities must enter into a Memorandum of Understanding to protect such confidential communications.)
    Medical Therapies (Follow-on Biologicals & 340B Program). The legislation would establish a pathway for the licensure of a biological product based on similarity to a previously-licensed biological product (reference product). The FDA could not approve an application as biosimilar or interchangeable biological until 12 years from the date on which the reference product is first approved. In addition, if the FDA approves a biological product on the grounds that it is interchangeable to a reference product, no determination may be made that a second or subsequent biological product is interchangeable to that same reference product until one year after the first commercial marketing of the first interchangeable product. The legislation also includes provisions addressing patent infringement issues. Moreover, the bill includes a number of provisions that would modify the 340B Program, which allows certain safety-net providers to access discounts on pharmaceuticals. For instance, the bill would: expand the types of facilities eligible to participate in the drug discount program; address drugs used in connection with inpatient services, including allowing enrolled hospitals to obtain inpatient drugs through a group purchasing agreement or the 340B Prime Vendor Program; require enrolled hospitals to provide a credit to each state based on the estimated annual costs of covered drugs provided to Medicaid recipients for inpatient use; require the Secretary to enhance compliance with program requirements; establish an administrative process to resolve claims by covered entities and manufacturers regarding program violations; and clarify the ceiling price used to sell to 340B participants.

Note that the HELP Committee does not have jurisdiction over Medicare or Medicaid; provisions impacting those programs will be included in the Senate Finance Committee health reform bill, which is expected to be released in the coming days. After Finance Committee action, the two Committee packages then will be combined for consideration by the full Senate. In the meantime, three House Committees have begun markup of their updated, unified health reform plan; a section-by-section analysis and a summary of changes from an earlier draft package are available here.

Updated CBO Analysis of Senate HELP Health Reform Bill

On July 3, 2009, the Congressional Budget Office (CBO) made public a new assessment of title I of the Affordable Health Choices Act, the Senate HELP Committee health reform bill, focusing on newly-released health insurance coverage provisions (insurance market reforms, insurance exchange, public plan option, and insurance mandates).  The CBO estimates that the bill would increase the deficit by $597 billion over the 2010-2019 period— but that does not reflect the costs of the Medicaid expansion and certain other low-income subsidies (or any of the numerous Medicare, quality improvement, workforce, or public health provisions under consideration). Note that this estimated cost is roughly $400 billion less over 10 years than the cost CBO estimated for an earlier version of the proposal, mainly because the insurance subsidies would be less expensive, a penalty was added for employers that do not offer insurance coverage to their workers, and subsidies to employees with access to employer-sponsored insurance were limited. CBO estimates that the bill would reduce the uninsured population by about 20 million when fully implemented, but 34 million people would still be uninsured.  

Congressional Hearings

A number of Congressional panels have held hearings recently on health policy issues, including the following:

In addition, on June 24, 2009, the House Small Business Regulations and Healthcare Subcommittee is holding a hearing on "Health Information Technology and the New Challenges Faced by Solo and Small Group Healthcare Practices." Also on June 24, the Senate Homeland Security and Governmental Affairs Committee is holding a hearing on "Type 1 Diabetes Research: Real Progress and Real Hope for a Cure."

House Leaders Unveil Draft Health Reform Bill

Today the Chairmen of the three House committees that share jurisdiction over health policy released their 852-page draft health reform bill. As expected, the legislation would create a public health insurance plan to compete with private insurers, with provider payments based initially on Medicare payment amounts. Other mechanisms to expand access to insurance include low-income subsidies, creation of a health insurance exchange, Medicaid expansion, and private insurance market reforms, coupled with mandates for individuals to purchase insurance and employers to contribute to health care costs (with certain exceptions). The bill also includes extensive Medicare and Medicaid policy changes affecting virtually every type of health care entity. Among many other things, the bill would:

  • Reform the physician fee schedule formula, including erasing cumulative shortfalls triggered by the current payment formula, establishing separate updates for evaluation and management and other types of services, and requiring review of potentially misvalued codes;
  • Reduce payments to hospitals for a preventable readmissions;
  • Bundle payments to hospitals and certain post-acute care providers (SNFs, IRFs, LTCHs, and HHAs) for services provided within 30 days of hospital discharge (the HHS Secretary would be required to study how the readmission policy also could be applied to physicians), and require the HHS Secretary to develop a detailed plan to reform Medicare payment for post-acute care services;
  • Reduce Medicare reimbursement for imaging services by increasing equipment utilization factor for advanced imaging from 50% to 75% and increasing the multiple imaging procedure technical component discount from 25% to 50% for second and subsequent imaging studies on the same patient/same day;
  • Reduce inflation updates for a variety of providers, revise the skilled nursing facility payment methodology, and incorporate productivity improvements into market basket updates for several types of providers;
  • Limit the "whole hospital" exception to the Stark law's self-referral prohibition to those hospitals with physician ownership or investment on January 1, 2009, and add significant new conditions to that exception for existing hospitals with physician ownership;
  • Reform graduate medical education payments;
  • Reduce Medicare Advantage payments;
  • Expand drug rebates in a number of ways (increase the Medicaid drug rebate amount for brand-name drugs from 15.1% to 22.1% of the average manufacturer price, apply the additional rebate to new drug formulations, allow rebates on drugs provided through Medicaid managed care organizations, and require drug manufacturers to provide rebates for certain full premium subsidy eligible individuals under the Part D drug program);
  • Expand penalties for various types of health care fraud and abuse, including penalties for hospices that demonstrate substandard quality of care;
  • Gradually phase out the Part D coverage gap ("donut hole");
  • Establish an accountable care organization pilot program;
  • Expand comparative effectiveness research;
  • Require reporting of financial relationships between drug and device manufacturers and physicians (with a limitation on the deductions for advertising for failure to file required transparency reports); and
  • Require the disclosure of nursing home ownership information and address other nursing home quality issues.

The three House committees -- Ways and Means, Energy and Commerce, and Education and Labor -- have scheduled hearings on the legislation next week, with committee voting expected in July.

CBO Estimates $1 Trillion Price Tag for Senate HELP Health Reform Bill Without Key Features

On June 15, 2009, the Congressional Budget Office posted its preliminary analysis of the major provisions related to health insurance coverage in the "Affordable Health Choices Act," which was released by the Senate Committee on Health, Education, Labor, and Pensions (HELP) on June 9, 2009.  Among other things, that draft legislation would establish insurance exchanges through which individuals and families could purchase coverage and would provide federal subsidies to substantially reduce the cost of that coverage for some enrollees.  The CBO estimates that the HELP health reform proposal would increase the federal budget deficit by about $1.0 trillion over the 2010–2019 period. Once fully implemented, about 39 million individuals would obtain coverage through the new insurance exchanges; however, because employer-provided insurance and coverage through other sources would decline, the net decrease in the number of people uninsured would be about 16 million. The $1 trillion figure also does not include the costs of a potential expansion of Medicaid eligibility or a public health insurance options, both of which might be added at a later date.  The HELP Committee is scheduled to begin markup of the legislation on June 17.

Senate HELP Health Reform Draft Legislation, House Outline Released

Health, Education, Labor and Pensions (HELP) Committee Chairman Edward Kennedy released the Committee's draft health reform legislation, the "Affordable Health Choices Act," on June 9, 2009.  The legislation focuses on insurance market reforms and subsidies, along with other system changes, such as promotion of health information technology, follow-on biologicals (just placeholder-no language) and expanded participation in 340B drug program, long-term care/community living services, preventive care, health care workforce issues, and fraud and abuse provisions. Note that the bill does not address Medicare, because that falls within the Senate Finance Committee's jurisdiction.  A HELP Committee hearing on the bill is scheduled for June 11, followed by markup beginning on June 16. [Markup subsequently delayed until June 17].

Also on June 9, leaders of the three House committees with jurisdiction over health policy released a 4-page outline of their health reform plan. In addition to insurance market reforms and other system changes, the plan includes Medicare reforms (including reform of the physician fee schedule formula, reductions in Medicare Advantage payments, and implementation of other unspecified MedPAC recommendations) and explicitly calls for a public health insurance option.

Senate Finance Releases Health Reform Financing Options -- Comments Due May 26, 2009

Today Senate Finance Committee Chairman Max Baucus and Ranking Member Chuck Grassley released a policy paper setting forth options for financing health reform. This is the third and final set of policy options for discussion before the Finance Committee marks up legislation in June. The Finance Committee has scheduled a member "walk through" to discuss the financing policy options on May 20, 2009. The financing options include, among other things: adjusting annual market basket updates and imposing “productivity adjustments” for various Medicare fee-for-service providers; a variety of payment changes impacting hospitals and home health agencies; Part B payment reforms (targeting potentially-overvalued Part B services and utilization of advanced diagnostic imaging services); improvements to promote payment accuracy for durable medical equipment; a variety of reforms pertaining to Medicaid drug rebates; policy options to reduce inappropriate spending variations across and within geographic areas; revisions to beneficiary cost-sharing obligations, including Part D means testing; and a variety of tax code changes involving the exclusion for employer-provided health coverage, changes to the itemized deduction for medical expenses, and excise tax provisions affecting alcohol and sugar-sweetened beverages.  The Finance Committee will accept comments on the health reform financing options through May 26, 2009.

Senate Finance Committee Options for Expanding Health Care Coverage (Comment Deadline May 22, 2009)

On May 11, 2009, Senate Finance Committee Chairman Max Baucus (D‐Mont.) and Ranking Member Chuck Grassley (R‐Iowa) released their policy options for expanding health care coverage, including options for designing a government-run public health insurance plan. Members are scheduled to meet to discuss these options on May 14, and public comments will be accepted on the options through May 22, 2009.  An overview of the document is reprinted after the jump.   This is the second of three options papers scheduled for release by the Committee, with the third options paper on financing health care reform planned for release before a May 20 meeting of Finance Committee members.

* * *

For Immediate Release Contact: Erin Shields (Baucus)
May 11, 2009 Jill Gerber (Grassley)
(202) 224‐4515

BAUCUS, GRASSLEY RELEASE POLICY OPTIONS FOR EXPANDING HEALTH CARE COVERAGE

Options are the second of three papers in Finance leaders’ health reform effort

Washington, DC – Senate Finance Committee Chairman Max Baucus (D‐Mont.) and Ranking
Member Chuck Grassley (R‐Iowa) today released policy options for expanding health care
coverage to the 46 million Americans who are currently uninsured. The Finance leaders will
“walk through” the options at a Committee meeting on Thursday and solicit thoughts and ideas
from Members on the options for expanding coverage. The options being released today are
the second of three papers that Members will discuss before a Finance Committee mark‐up of
comprehensive health reform legislation in June.

“Expanding health care coverage is not just a moral imperative – it’s an economic necessity,”
said Baucus. “Today 46 million uninsured Americans have few places to turn for health care
besides a hospital emergency room. And the cost of that care is paid by every American with
insurance in the form of a hidden tax of more than $1,000 a year in increased premiums.
These policy options propose a uniquely American approach to provide affordable, quality
coverage to all Americans through a mix of public and private solutions, and drive down
health care costs for every American.

“Millions of Americans have no health insurance and millions more fear losing what they
have,” said Grassley. “Even people with insurance might be under‐insured. Congress has an
obligation to make insurance more available and more affordable and still give people the
option to keep what they have if they like it.”

The policy options released today aim to reform the individual and small group health insurance
markets to end discrimination against sicker individuals. They would instead create a
competitive insurance market where health plans compete on price and quality rather than the
ability to segment risk and discriminate against individuals with pre‐existing health conditions.
The options also include an expansion of public health insurance programs to cover the poorest
Americans and make coverage more affordable by providing tax credits to low income
individuals and small businesses. The policy options make purchasing coverage easier and more
understandable for all consumers.

The policy options for expanding health coverage follow the release of policy options to reduce
costs and improve patient care in the health care delivery system. The final policy options paper
on financing health care reform will be released before the Members meeting on that topic
scheduled for May 20. A summary of the policy options for expanding health care coverage
released today follows. The complete text of the policy options on expanding health care
coverage can be found on the Finance Committee website at. Public comments should be directed to Health_Reform@finance‐dem.senate.gov. The deadline for public comments on the coverage
policy options is May 22, 2009.

POLICY OPTIONS FOR EXPANDING HEALTH CARE COVERAGE

Insurance Market Reforms –Americans who like the insurance they have will be able to keep it
in a reformed health care system. But for millions of other Americans who don’t have or can’t
afford employer‐provided coverage, the insurance market is broken. These individuals and
families can’t purchase coverage because they have a pre‐existing health condition, or they
can’t afford coverage. The policy options would regulate the individual and small group markets
so that coverage is affordable and accessible for all Americans purchasing coverage.
Individual and Micro‐group (2‐10 employees) Market Reforms ‐ Under the policy options,
insurance companies would have to issue coverage to all individuals and would no longer be
allowed to bar individuals with pre‐existing conditions from qualifying for a policy. Limited
variation in premium rates would be permitted for tobacco use, age, and family composition.
Geographic variation in rating would be allowed between rating areas, but would not differ
within a rating area.

Small Group Market Reforms – Under the policy options, the rating rules for the individual and
micro‐group markets would apply to the remainder of small groups as defined by states. This
would include groups of 11 to 50 people, but could also include self‐employed and/or groups up
to 100 people depending on current state law.

Health Insurance Exchange – The policy options would make purchasing health insurance
coverage easier and more understandable by using the internet to present consumers with
available plans. The policy options would create a web portal, or Health Insurance Exchange –
or multiple exchanges – that would direct consumers to every health coverage option available
in their zip code. The web portal would standardize the health insurance enrollment
application, the format companies use to present their insurance plans, and the marketing
rules. The new web portal would be publicized and would have a call center for customer
support. The web portal will enable users to determine if they are eligible for health insurance
subsidies or public programs. The exchange would also allow consumers without access to the
internet to enroll through the mail or in person in a variety of locations.

Eligibility for the Health Insurance Exchange ‐ Under the policy options, individuals and microgroups would be able to purchase insurance through the Exchange immediately following its
creation. The remainder of the small group market (11‐50 employees or as defined by states)
would be able to purchase insurance through the Exchange once rating rules are fully phased in
by that state.

Transitioning to a Reformed Insurance Market – Once the insurance market reforms take effect,
people who want to keep the insurance they have today will be able to do so. Plans will be
allowed to continue to offer the coverage they offer today, but these grandfathered plans will
only be available to those people who are enrolled today. People who qualify for tax credits in
the reformed market will not be able to use them to purchase these grandfathered plans. Tax
credits will be offered only to purchase plans created in the reformed market that meet the
new, benefit standards.

Transitioning for Rating Requirements ‐ Federal rating rules for non‐group and micro‐group
markets (other than for grandfathered plans) will take effect by January 1, 2013, perhaps
sooner. Federal rating rules for the remainder of the small group market (as defined by the
state) would be phased in over a three‐to‐ten year period, as determined by each state, with
approval from the Secretary of HHS.

Making Coverage Affordable – The cost of health insurance has increased five times faster than
wages over the last eight years. And estimates show that just seven years from now, most
Americans will spend nearly half their income on health insurance. American businesses pay
nearly three times more than our major trading partners for health care benefits. Unaffordable
coverage prevents these companies from competing in the global market. The policy options
make coverage more affordable by creating tax credits for low income individuals and small
businesses and strengthening public programs.

Options for Standard Benefits – The policy options would create four benefit categories which
would be permissible in the reformed market: lowest, low, medium, and high. No policies
(except grandfathered policies) would be issued that do not comply with one of the four
categories. And all insurers would have to offer coverage in each of the four categories. All
plans would be required to provide primary care and first‐dollar coverage for preventive
services, emergency services , medical and surgical care, physician services, hospitalization,
outpatient services, day surgery and related anesthesia, diagnostic imaging and screenings,
including x‐rays, maternity and newborn care, prescription drugs, radiation and chemotherapy,
and mental health and substance abuse services. Plans would not be allowed to set lifetime
limits on coverage or annual limits on any benefits.

Individual Health Insurance Tax Credits – Under the proposal, tax credits would be provided for
people with incomes under 400 percent of poverty to help offset the cost of health insurance
premiums. Eligible low‐income individuals – including employees of small and large businesses
– would be able to use the credit to purchase health coverage through the Exchange. The
subsidy would phase‐out, providing a smaller credit as income increases.

Small business health insurance tax credits – The policy options would base the small business
tax credit on a firm’s size and average employee earnings. Firms at or below 10 full‐time
employees with average employee earnings below $20,000 would get a credit equal to 50
percent of the average total premium cost paid by the employer for employer‐sponsored
insurance in that firm’s state. Under that option, a full time employee would be one that
worked 30 or more hours per week. The credit would phase out as a firm’s size and average
wages increased and would be completely phased out for firms with more than 25 workers and
average employee earnings of $40,000.

Public health insurance option – The policy options present three alternatives for a public health
insurance option. One alternative is a Medicare‐like option that would be administered by the
Department of HHS. The Federal government would sets payment rates for that plan. Medicare
providers would participate in the plan. This public health insurance option would not have
solvency requirements. Another alternative is a public health insurance option that would be
administered through multiple, regional, third‐party administrators (TPA). These TPAs would be
required to report to the Secretary of HHS. The TPAs would establish networks of participating
medical providers and would negotiate payments for providers participating in the option. This
public option would be required to adhere to solvency requirements. A third alternative would
be a state‐run public health insurance option. The policy paper also presents the option of not
creating a public health insurance option, but expanding coverage through a reformed and
better regulated private market.

Medicaid – The policy options would standardize Medicaid eligibility for all parents, children,
and pregnant women below 150 percent of the Federal Poverty Level (FPL) or $33,000 a year for
a family of four. The policy options present three alternatives for these qualified individuals to
access this Medicaid coverage. The first is Medicaid in its current structure. Under this
alternative, Medicaid would be expanded to cover all individuals with incomes at or below 115
percent of the FPL. The federal government would provide short‐term full funding for newlyeligible
Medicaid beneficiaries. Then standard FMAP rates would be phased‐in over time. A
second alternative would be for people eligible for Medicaid to access the program through the
Exchange. This alternative would also expand Medicaid to cover all individuals with incomes at
or below 115 percent of the FPL. And it would also provide short‐term full federal funding for
newly‐eligible Medicaid beneficiaries and then phase‐in standard FMAP. The third alternative is
to provide access to coverage through Medicaid and through the Exchange. In this alternative,
parents, children, and pregnant women would access Medicaid through the current structure.
All other individuals at or below 115 percent of the FPL would not become Medicaid eligible, but
instead would get a subsidy to purchase health care coverage. The policy options would also
make improvements to the Medicaid program that would simplify and streamline enrollment
and retention in the program, expand access to home and community‐based services, and
create an automatic countercyclical stabilizer to sustain the program during economic
downturns when more people qualify for the program, but states have less tax revenue to
sustain it.

Additional Options for Public Health Insurance Programs – The paper also addresses creating
options for people ages 55 to 64 years old and for changing the Medicare 24‐month disability
waiting period. The policy options would not make changes to the Children’s Health Insurance
Program (CHIP) until after September 30, 2013. After that date, CHIP would be offered through
the Exchange and would provide additional benefits for low‐income children not eligible for
Medicaid.

Eliminating Health Care Disparities – The policy options propose collecting uniform data on race,
ethnicity, gender, and disability that could help researchers work to end disparities among those
groups. States would also have the option of covering non‐pregnant, legal immigrant adults
during their first five years in the U.S. The options also propose policies to promote maternal
and child health.

Fair share responsibility for individuals – The policy options would create an individual fair share
responsibility to have health care coverage. At the same time, the policy option would establish
exemptions from the requirement. These exemptions would include religious exemption (as
defined in Medicare) and an exemption for undocumented aliens.

Fair share responsibility for employers – The policies set out two options for the employer fair
share responsibility. The first is that employers must offer qualified coverage to full‐time
employees. The coverage must be actuarially equivalent to the lowest coverage option and it
must include first dollar coverage for prevention services. Under this alternative, the employer
would have to contribute 50 percent of the premium costs and that requirement would be
enforced through the tax code. Employers with total annual payroll of less than $250,000 would
be exempt from offering coverage. The second option the policies set out is to not create an
employer fair share responsibility.

Strengthening Coverage of Preventive Services in Medicare – The policy options would make a
wellness visit available to Medicare beneficiaries once every five years and provide a
personalized prevention plan. The options would also provide incentives for Medicare
beneficiaries to utilize preventive services. Examples of these incentives include reducing or
eliminating cost sharing for screenings and offering rebates for completion of health promotion
programs like tobacco cessation. The policy options would also align Medicare coverage for
preventive services with scientific evidence to ensure patients receive appropriate screenings.
Strengthening Coverage of Preventive Services in Medicaid – The policy options would clarify
preventive services covered at the state’s option for adults under Medicaid. These optional
benefits would be defined as all services rated “A” and “B” by the U.S. Preventive Services Task
Force and immunizations recommended by the Advisory Committee on Immunizations. States
that OPT to cover all “A” and “B” rated services and immunizations would receive a one percent
increase in the federal share of the FMAP reimbursement rate. The options would provide
incentives for Medicaid beneficiaries to utilize preventive services. Examples of these incentives
include reducing or eliminating cost‐sharing for screenings and allowing states to apply for
funding to reward Medicaid enrollees for completing health promotion programs like tobacco
cessation.

Options to Prevent Chronic Disease and Encourage Healthy Lifestyles– An additional option to
promote prevention and wellness in the short‐term is make capped grants available to states
until the Exchange is operational. The grants could be used to provide primary preventive
services such as tobacco use screening, influenza immunization, counseling on daily aspirin use,
hypertension screening, or obesity screening. Another option is to provide states with options
to improve the coordination and integration of health and human service systems. For example,
states might create an individualized plan for low income individuals or create multidisciplinary
care teams to better manage and coordinate care, transition individuals from inpatient facilities
to other settings and, refer individuals to social support and community resources. A third
option would be to create tax incentives for qualified comprehensive workplace wellness
programs.

Finance Committee Releases Health Care Delivery System Reform Options; Comment Opportunity (Due May 15)

Senate Finance Committee Chairman Max Baucus and Ranking Member Chuck Grassley released a lengthy policy paper on April 28, 2009 discussing options for reducing health care costs and improving quality in the health care delivery system, including significant Medicare payment reform proposals. Key areas addressed in the paper include the following:  

  • Promoting Quality Care – Policy options to promote quality in the Medicare program include: establishing value‐based purchasing programs for hospitals, home health, and SNFs by FY 2012; expanding programs leading to value‐based purchasing for doctors, IRFs, and LTCHs; tying Medicare Advantage payments to quality of care; and restricting utilization of diagnostic imaging services.
  • Fostering Care Coordination and Provider Collaboration – Policy options to enhance care management efforts include: establishing Medicare payment incentives for hospitals that reduce preventable hospital readmissions; providing a single bundled Medicare payment for acute and post‐acute episodes of care; establishing Medicare pilot programs of patient‐centered care coordination models for the chronically ill ; making reforms to Medicare physician reimbursement rates.
  • Infrastructure Investments – Potential health delivery infrastructure investments include:  additional efforts to support widespread adoption and meaningful use of health information technology (beyond ARRA provisions); the development of quality measures; the establishment of a independent institute to conduct comparative effectiveness research; and improvements to health care workforce training.
  • Transparency– Policy options to promote transparency include: requiring drug and device manufacturers to report publicly certain payments to physicians; establishing new restrictions on specialty hospitals; and expanding information for consumers on nursing home quality. 
  • Other Health Care Delivery Options – Among other things, the plan calls for various steps to promote primary care (including providing primary care practitioners and targeted general surgeons with a 5% Medicare payment bonus) and expanded efforts to fight Medicare fraud and abuse.

The the deadline for public comments is May 15, 2009. The document is the first of three sets of potential option papers, each covering a different topic area that members will discuss before a bipartisan “Chairman’s Mark” on comprehensive health care reform is developed. Policy option papers on increasing health care coverage and financing health care reform will be released following future roundtable discussions on those topics. Note that the Finance Committee held its roundtable discussion on access to health care coverage on May 5, 2009, so an options paper on that topic should be available in the near future. In addition, on May 12, the Senate Finance Committee is holding its third roundtable discussion, this one focusing on financing comprehensive health care reform.

Congressional Health Policy Hearings

A number of Congressional panels have held hearings recently on health policy issues, including the following:

  • The Senate Finance Committee held a “roundtable” discussion on "Increasing Access to Health Care Coverage." 
  • The Ways and Means Committee held two hearings on health reform, one focusing on employer-sponsored insurance and the other featuring a discussion with HHS Secretary Sebelius on the President’s principles for health care reform. 
  • The Senate Health, Education, Labor and Pensions Committee held hearings on "Primary Health Care Access Reform: Community Health Centers and the National Health Service Corps"; “Learning from the States: Individual State Experiences with Health Care Reform Coverage Initiatives in the Context of National Reform"; and on the nomination of Margaret A. Hamburg to be Commissioner of Food and Drugs. 
  • The Senate Aging Committee held a hearing on “solutions to stop Medicare and Medicaid fraud from hurting seniors and taxpayers”

Mental Health Parity

CMS and the Internal Revenue Service have filed a joint notice seeking comments on certain issues under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 in advance of future rulemaking. The notice requests information on such issues as: financial requirements and treatment limitations associated with certain health benefits, criteria for medical necessity and coverage determinations with respect to mental health or substance use disorder benefits, and out-of-network coverage issues, among others. In addition, the notice seeks comments on various issues related to direct and indirect costs to group health plans, health insurance issuers, businesses, and other stakeholders associated with implementation of the law. Comments are due by May 28, 2009. 

Upcoming Congressional Hearings on Health Reform, Medicare/Medicaid Fraud

Ways and Means Hearing on Employer-Sponsored Health Insurance (April 29)

The Ways and Means Committee has scheduled an April 29 hearing on health reform, focusing on employer-sponsored health insurance.

Congressional Hearings

A number of Congressional panels have scheduled hearings on health policy issues, including the following:

In addition, on April 21, 2009, the Senate Finance Committee has scheduled a vote on the nomination of Kathleen Sebelius to be Secretary of Health and Human Services.

Other Health Bills Clear House

On March 30, the House approved the following health policy measures: H.R. 1246, the “Early Hearing Detection and Intervention Act of 2009”; H.R. 756, the “National Pain Care Policy Act of 2009”; H.R. 20, the “Melanie Blocker Stokes MOTHERS Act,” to address postpartum depression and psychosis; and H.R. 479, the “Wakefield Act,“ to improve emergency medical services for children. On March 31, the House approved H.R. 1253, the “Health Insurance Restrictions and Limitations Clarification Act of 2009,” which would require group health plans to disclose all limitations and restrictions to consumers in a timely and easily understood manner. 

Other Congressional Hearings

A number of Congressional panels have held hearings recently on health policy issues, including the following:

Senate Insurance Industry Hearings (March 26 & 31, 2009)

The Senate Commerce, Science and Transportation Committee is holding hearings on March 26 and 31, 2009 entitled “Deceptive Health Insurance Industry Practices – Are Consumers Getting What They Paid For?”

Upcoming Hearings

On March 24, 2009, the Senate HELP Committee will examine addressing insurance market reform in national health reform. On March 25, the Senate Finance Committee has scheduled a hearing on the "Role of Long-Term Care in Health Reform," and the Senate Aging Committee is holding to receive an update from the Alzheimer's Study Group.

Congressional Hearings

A number of Congressional panels have held hearings recently on health policy issues, including the following:

Congressional Health Policy Hearings

On March 18, 2009, the Finance Committee is holding a hearing on “What is Health Care Quality and Who Decides?”. Also on March 18, 2009, the House Small Business Committee is holding a hearing on "The President's FY 2010 Budget and Medicare: How Will Small Providers be Impacted?" On March 24, the Senate Health, Education, Labor, and Pensions Committee is holding hearings to examine addressing insurance market reform in national health reform.

House Panel Approves Tobacco Regulation and Other Health Measures

On March 4, 2009, the House Energy and Commerce Committee approved the following health policy bills: H.R. 1256: Family Smoking Prevention and Tobacco Control Act; H.R. 1259, the Dextromethorphan Distribution Act of 2009; H.R. 1246, the Early Hearing Detection and Intervention Act of 2009; H.R. 1253, the Health Insurance Restrictions and Limitations Clarification Act of 2009; H.R. 20, the Melanie Blocker Stokes Mom's Opportunity to Access Health Education, Research, and Support for Postpartum Depression Act; H.R. 479, the Wakefield Act (addressing emergency medical services for children); H.R. 577, the Vision Care for Kids Act of 2009; H.R. 756, the National Pain Care Policy Act of 2009; H.R. 914, the Physician Workforce Enhancement Act of 2009; and H.R. 307, the Christopher and Dana Reeve Paralysis Act. The legislation now moves to the full House for further consideration. 

Congressional Hearings

A number of Congressional panels have held hearings recently on health policy issues, including the following:

Upcoming Hearings

On March 10, 2009, the House Education and Labor Subcommittee on Health is holding on "Strengthening Employer-Based Health Care." Also on March 10, the House Energy and Commerce Health Subcommittee will examine “Making Healthcare Work for American Families: Designing a High Performing Healthcare System.” On March 11, the House Ways and Means Committee will hold a hearing on “Health Reform in the 21st Century: Expanding Coverage, Improving Quality and Controlling Costs.”

Senate Health Reform Hearings Scheduled

The Senate Health, Education, Labor and Pensions Committee has scheduled a hearing on February 23 on "Principles of Integrative Health: A Path to Health Care Reform," and a second hearing February 24 on "Addressing Underinsurance in National Health Reform." Also, on February 25, the Senate Finance Committee is holding a hearing entitled "Scoring Health Care Reform: CBO's (Congressional Budget Office) Budget Options."

Economic Stimulus Package/Health Provisions

On February 13, 2009, the House and Senate approved the conference report to accompany H.R. 1, the American Recovery and Reinvestment Act.  President Obama signed the bill into law on February 17, 2009.  The $790 billion economic stimulus package includes a number of health care policy provisions.  Among other things, the final agreement includes:

  • $19 billion to accelerate the adoption of health information technology systems;
  • Strengthened federal privacy and security provisions to protect personally-identifiable health information;
  • Approximately $87 billion in additional federal matching funds over two years to help states maintain their Medicaid programs in the face of state budget shortfalls;
  • $1.1 billion to support comparative effectiveness research;
  • $1 billion for a new Prevention and Wellness Fund; and
  • Provisions to help unemployed workers maintain health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) law.
  • A provision blocking a fiscal year 2009 reduction in Medicare payments to teaching hospitals related to capital payments for indirect medical education;
  • A provision blocking a fiscal year 2009 Medicare payment cut to hospice providers related to a wage index payment add-on;
  • Technical corrections to the Medicare, Medicaid, and SCHIP Extension Act of 2007 related to Medicare payments for long-term care hospitals;
  • A temporary increase in states’ annual disproportionate share hospital allotments;
  • An extension of moratoria on Medicaid regulations for targeted case management, provider taxes, and school-based administration and transportation services through June 30, 2009, and a new moratorium on a Medicaid regulation related to hospital outpatient services through June 30, 2009;
  • An extension of Transitional Medical Assistance and the Qualified Individual program; and
  • Medicaid prompt payment requirements for nursing facilities and hospitals.

Information on the versions of the measure approved earlier by the House and Senate is available here.    

Update:  On February 17, 2009, President Obama signed into law H.R. 1, the American Recovery and Reinvestment Act (the “ARRA”).  Reed Smith's Health Care Memorandum summarizes the major health policy provisions of the Act.

 

CHIP Expansion

On February 4, 2009, President Obama signed into law H.R. 2, the Children's Health Insurance Program (CHIP) Reauthorization Act of 2009. The legislation extends the CHIP program through FY 2013, expands funding to cover an additional 3.9 million uninsured children, and makes a number of reforms to the program. Note that the legislation does not include an earlier House provision that would have limited the "whole hospital" exception to the Stark law's self-referral prohibition to those hospitals with physician ownership or investment on January 1, 2009, and would have added significant new conditions to that exception for existing hospitals with physician ownership. A Senate Finance Committee summary is available here.

CHIP Expansion/Specialty Hospitals

On January 14, 2009, the House approved H.R. 2, the Children's Health Insurance Program (CHIP) Reauthorization Act of 2009. The legislation would extend the CHIP program through FY 2013 and expand funding to cover an additional 4 million uninsured children. The House bill also would limit the "whole hospital" exception to the Stark law's self-referral prohibition to those hospitals with physician ownership or investment on January 1, 2009, and add significant new conditions to that exception for existing hospitals with physician ownership. The version of the CHIP reauthorization bill approved by the Senate Finance Committee and currently being debated by the full Senate does not include specialty hospital provisions. 

Mental Health Parity Law Correction

On December 10, 2008, the House approved S. 3712, a bill to make a technical correction in the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (P.L. 110-343). The legislation would clarify the effective date applicable to group health plan maintained pursuant to collective bargaining agreements. The legislation, which was approved by the Senate on November 20, is now awaiting the President’s signature.

Congressional Budget Office Reports on Health Care Budget Options, Insurance Reform

On December 18, 2008, the Congressional Budget Office (CBO) released a major report entitled Budget Options, Volume 1: Health Care,” which sets forth 115 policy options for Congress to consider as it addresses health care system reform. The CBO points out that Medicare is expected to grow from 2.8 percent of gross domestic product (GDP) in 2008 to nearly 9 percent of GDP in 2050. This spending growth will be fueled primarily by growth in per capita medical costs, according to the CBO, with the aging of the population playing a secondary role. In light of these trends, the CBO offers specific options addressing such areas as: health insurance (market reforms, tax treatment, access to federal programs); health care quality and efficiency; geographic variation in Medicare spending; paying for Medicare services (including hospital, physician, imaging, and post-acute care, and Medicare Advantage plan services, among others); financing and paying for services in Medicaid (including drug payment revisions) and SCHIP; premiums and cost sharing in federal health programs; long-term care; health behavior and health promotion; and closing the gap between Medicare’s spending and receipts.  The CBO also issued a separate report focusing on insurance reform, “Key Issues in Analyzing Major Health Insurance Proposals.” The CBO warns that without changes in policy, a substantial and growing number of nonelderly people are likely to be without health insurance. This issue cannot be addressed without making major changes in the financing or provision of health insurance and health care, which will involve "difficult trade-offs between the objectives of expanding insurance coverage and controlling both federal and total costs for health care." The report describes the assumptions that CBO would use in estimating the effects of key elements of proposals to modify the health insurance system on federal costs, insurance coverage, and other outcomes. In particular, it considers the types of issues that would arise in estimating the effects of proposals to: provide tax credits or other types of subsidies to make insurance less expensive to the purchaser; require individuals to purchase health insurance; require firms to offer health insurance to their workers or pay into a fund that subsidizes insurance purchases; replace employment-based coverage with new purchasing arrangements or provide strong incentives for people to shift toward individually purchased coverage; and provide individuals with coverage under, or access to, existing insurance plans such as the Medicare program, either as an additional option or under a “Medicare-for-all” single-payer arrangement.

Mental Health Parity Law Correction

On November 20, 2008, the Senate approved S. 3712, a bill to make a technical correction in the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (P.L. 110-343). The legislation would clarify the effective date applicable to group health plan maintained pursuant to collective bargaining agreements. The House has not yet considered the bill. 

Hospital Stay for Mothers and Newborns

On October 20, 2008, the Department of Health and Human Services (HHS), together with the Treasury and Labor Departments, published a final rule imposing requirements on group health plans and health insurance issuers concerning hospital lengths of stay for mothers and newborns following childbirth. The rule, which finalizes interim final rules published October 27, 1998 under the Newborns’ and Mothers’ Health Protection Act of 1996 and the Taxpayer Relief Act of 1997, generally prohibits group health plans and group health insurance issuers from limiting hospital lengths of stay in connection with childbirth to less than 48 hours for vaginal deliveries and 96 hours for cesarean sections, and provides other related protections. The rule is effective December 19, 2008, and applies to individual and group health plans and group health insurance issuers for plan years beginning on or after January 1, 2009. 

Mental Health Parity Protection Enacted into Law

On October 3, 2008, President Bush signed into law the “Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008” as part of the broad Emergency Economic Stabilization Act of 2008 (H.R. 1424). The measure prohibits health plans that offer mental health coverage from imposing more restrictive financial requirements or treatment limitations for mental health and addiction benefits than are applied to comparable covered medical and surgical benefits.  

Health Policy Legislation Moves Through Congress

There has been a flurry of recent legislative activity as the 110th Congress prepares to adjourn in the coming days. Congress has taken action on a wide range of health policy bills, addressing such issues as FDA drug and device approvals, internet pharmacy regulation, health care workforce issues, insurance coverage, and medical treatment, and patent protection for antibiotics.   Specifically, the following legislation has been approved by the House and Senate and now await the President’s signature:

  • H.R. 6353, the “Ryan Haight Online Pharmacy Consumer Protection Act,” which would prohibit the sale of controlled substances over the Internet without a valid prescription and subject on-line pharmacies to a series of new restrictions.
  • S. 3560, the “QI Program Supplemental Funding Act,” which would authorize an additional $45 million for the Medicare Qualifying Individuals (QI) program, which helps certain low-income individuals pay their Medicare Part B premiums. The legislation also includes provisions to modify the patent protections applicable to antibiotics and clarify the ability of generic drug companies to gain approval of and market generic antibiotics. In addition, the bill would expand the education activities under the Medicaid Integrity Program (MIP) and extend funding for the Medicare Improvement Fund to make improvements under the original Medicare program. 
  • Several measures aimed at expanding disease research and information resources, including: H.R. 1157, which would authorize grants for the development and operation of research centers for the study of environmental factors that may be related to the etiology of breast cancer; H.R. 1532, which would reauthorize the Preventive Health Services Regarding Tuberculosis program; H.R. 5265, which would promote research into the causes and treatments of various forms of Muscular Dystrophy; S. 1810, to authorize the HHS Secretary to collect and disseminate information regarding Down syndrome or other prenatally or postnatally diagnosed diseases and to coordinate the provision of support services for those who receive a diagnosis of one of those diseases; and S. 1382, which would authorize funding for the establishment of a national registry for the collection and storage of data on amyotrophic lateral sclerosis (ALS).

 

  • S. 2932, which would reauthorize the poison center national toll-free number, provide grants for poison centers, and expand poison prevention education efforts.
  • S. 1760, which would reauthorize the Healthy Start Initiative, which provides grants to reduce infant mortality and improve maternal health.
  • H.R. 1343, which would provide funding to enable health centers to serve medically underserved populations and reauthorize the National Health Service Corps Scholarship and Loan Repayment programs.

In addition, the following bills have been approved by the House but are awaiting Senate action.

  • H.R. 1014, the Heart Disease Education, Analysis Research, and Treatment (HEART) for Women Act, which would require new drug, biologics, and device applications submitted to FDA to include any clinical data possessed by the sponsor that relates to safety or effectiveness by gender, age, and racial subgroups. This information would be posted on the internet. The bill also would authorize research and public health activities to reduce cardiovascular disease in women. 
  • H.R. 6908, the “HIPAA Recreational Injury Technical Correction Act,” which would require timely disclosure of limitations and restrictions on coverage under group health plans.
  • H.R. 758, which would require health insurers to cover minimum lengths of stay and secondary consultations for patients undergoing procedures to treat and diagnose breast cancer.
  • H.R. 2583, the “Physician Workforce and Graduate Medical Education Enhancement Act ,” which would authorize a loan repayment program for hospitals to start a residency training program.
  • H.R. 6568, which would expand research and educational activities related to pulmonary hypertension.
  • H.R. 2994, which would direct the Department of Health and Human Services to establish a national pain care education outreach and awareness campaign.
  • H.R. 6469, which would increase funding for the Organ Procurement and Transplantation Network.
  • H.R. 5352, the “Elder Abuse Victims Act,” which would establish specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, provide training to prosecutors and other law enforcement related to elder abuse prevention and protection.
  • H.R. 6901, which would improve treatment for methamphetamine addiction.

Mental Health Parity Legislation Advances

The House and Senate both passed mental health parity legislation on September 23, 2008, but the fate of the initiative still is in doubt for procedural reasons.   Both versions of the measure would prohibit health plans that offer mental health coverage from imposing more restrictive financial requirements or treatment limitations for mental health and addiction benefits than are applied to comparable covered medical and surgical benefits. While the House passed H.R. 6983, the “Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008” as a freestanding bill, the Senate approved its version of the measure as part of a larger energy and tax package, H.R. 6049. The same bill must be approved by the House and Senate before Congress adjourns for the year -- which could come as early as this week -- in order for it to be sent to the President for his signature.

Congressional Hearings

Numerous recent Congressional committee hearings have focused on health policy issues, including the following:

  • On September 24, 2008, the Senate Aging Committee examined "ways to respect Americans' choices at the end of life.” The panel also held a hearing September 17 on direct-to-consumer medical device advertising.
  • House Ways and Means Health Subcommittee held a hearing September 23, 2008 on problems in the private health insurance market, with a focus on the need for reforms in the non-group or individual market. The panel also met September 11 to examine on Medicare physician payment policy reform. 
  • On September 23, 2008, the House Oversight and Government Reform Domestic Policy Subcommittee held a hearing on Medicaid pediatric dental care reform. The full Committee also held a hearing September 16 on HIV prevention.
  • The House Energy and Commerce Subcommittee on Health held a hearing September 18, 2008 on health reform, as did the House Small Business Committee.
  • The Senate Finance Committee held a hearing September 16, 2008, on health care delivery system reform, focusing on creating a patient-centered model of care and supporting primary care. On September 23, 2008, the Committee held a hearing on insurance market reform, highlighting health insurance exchanges that connect individuals, small businesses and those eligible for premium subsidies to available health insurance plans.
  • The Senate Special Committee on Aging held a hearing September 11, 2008 on Medicare information issues