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March 1, 2004


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MHA's Monday Executive Briefing
March 1, 2004
In this week's edition...
- State News -
1. Edwards to visit state March 6; Kerry trip in plans
2. Senate approves cap on damages awards
3. U.S. Chamber Honors Sen. Trent Lott with “Spirit of Enterprise” Award
4. Campaign finance bill clears House committee
- National News -
5. GOP still seeking afterglow of vote on drug benefits
6. McClellan's Nomination To Top CMS Post Faces Opposition Because Of His Stance On Drug Imports
7. CMS seeks comment on hospital quality data collection
8. Medicaid Cost Dispute Likely Between Federal and State Officials
9. Frist Names Five to Pension Bill Conference
10. AHA recommends changes to proposed psych PPS rule
11. Docs’ group forms to press Congress on liability reform
12. Medicare reform remains a pivotal campaign issue
13. AHA advocacy agenda for 2004 available online
14. U.S. Senate fails to act on medical malpractice legislation
- State News -
1. Edwards to visit state March 6; Kerry trip in plans
The top two Democratic rivals for the White House are planning visits to Mississippi as the March 9 presidential primary nears. U.S. Sen. John Edwards of North Carolina is booked for a fund-raiser at the Brandon home of attorney Lance Stevens on March 6, state Democratic Party officials confirmed Friday. U.S. Sen. John Kerry of Massachusetts, the front-runner, is likely to come to Jackson and Tupelo, but details have yet to be worked out, supporters said. Thirty-three Democratic Party delegates from Mississippi are up for grabs.
Being a lawmaker from the South will help Edwards as he seeks Mississippi votes, supporters say. The Edwards fund-raiser will be $500 per person or $750 per couple. It begins at 7 p.m. Kerry has 686 delegates to 206 for Edwards, 184 for former Vermont Gov. Howard Dean and 107 for other candidates, based on an analysis of election results by The Associated Press. A candidate needs 2,162 delegates to lock the nomination. Kerry supporters say his chances at defeating President Bush in the November general election look good. He leads Bush in a number of national polls.
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2. Senate approves cap on damages awards
The Mississippi Senate on Feb. 25 passed a bill that Gov. Haley Barbour says will effectively stop lawsuit abuse in Mississippi. During a press conference and tort reform rally, Barbour praised the bill and stressed the need for further tort reform in this legislative session. Representative Jeff Smith, Chairman of House Judiciary B Committee, and Senator Charlie Ross, Chairman of Senate Judiciary A Committee, both discussed their tort reform bills. Chairman Ross introduced SB 2763, which passed the Senate 32-15 on the 25th and will now go before the House for consideration. Chairman Smith has introduced HB 1579, a comprehensive civil justice reform bill, which has 60 cosponsors. The bill would cap pain and suffering damage awards at $250,000, limit punitive damage awards against companies and require that all medical malpractice claims be evaluated by a medical review panel.
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3. U.S. Chamber Honors Sen. Trent Lott with “Spirit of Enterprise” Award
The United States Chamber of Commerce last week presented Sen. Trent Lott (R-MS) with its 2004 “Spirit of Enterprise” award for his strong support for its pro-business legislative agenda in the first session of the 108th Congress. The Chamber awards the “Spirit of Enterprise” based on rankings it gives members of Congress for key business votes set out in its annual publication How They Voted. Sen. Lott earned a 96 percent score with the Chamber last year and has compiled an 89 percent cumulative ranking during his tenure in Congress. Among the key votes counted by the Chamber in 2003 were votes approving the $350 billion Jobs and Growth Tax Relief package, the Singaporeand Chilefree trade agreements, and the most sweeping overhaul of Medicare since the program's creation in 1965.
Chamber-designated “key votes” are recorded floor votes on issues established as priorities by the Chamber’s board of directors and on which the Chamber communicates its position prior to the vote. Members of Congress who support the Chamber’s position on at least 70 percent of key votes receive the “Spirit of Enterprise” award. For the first session of the 108th Congress, the Chamber designated 23 Senate votes and 30 House votes as key votes.
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4. Campaign finance bill clears House committee
A bill designed to plug loopholes in Mississippicampaign finance laws cleared the House Apportionment and Elections Committee. The bill, approved on Feb. 23, would require candidates to disclose the source of loans. It also would require disclosure of "soft money" spent by interest groups before elections and mandate that searchable electronic reports be filed by candidates who raise at least $50,000 of campaign cash a year. Most campaign finance reports are filed on paper, making page-by-page searches time consuming.
The bill is backed by Secretary of State Eric Clark, Attorney General Jim Hood and open-government groups such as Common Cause Mississippi. It now moves to the full House. Hood said the bill uses language recently upheld by the U.S. Supreme Court in the federal McCain-Feingold campaign finance law. The bill is House Bill 1244.
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- National News -
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5. GOP still seeking afterglow of vote on drug benefits
Three months after the GOP-controlled Congress expanded Medicare to include prescription drug benefits that Americans have long wanted, the political bounce that Republicans had hoped for is eluding them, as critics rail against the new law and voters say they still trust Democrats more on the issue. To read the full story in the Washington Post, click here.
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6. McClellan's Nomination To Top CMS Post Faces Opposition Because Of His Stance On Drug Imports
Sen. Byron Dorgan (D-ND) said February 25 that he plans to hold up FDA Commissioner Mark McClellan's nomination to head the Centers for Medicare and Medicaid Services because of his recent actions opposing drug importation from Canada. According to a February 25 report in the New York Times, Sens. Debbie Stabenow (D-MI) and John McCain (R-AZ) also have expressed reservations about McClellan's nomination because of his position on drug importation. To read Sen. Dorgan's press releases, click here and here.
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7. CMS seeks comment on hospital quality data collection
The Centers for Medicare & Medicaid Services (CMS) is inviting public comment on the information collection requirements for its Hospital Reporting Initiative, which will require hospitals to submit data on 10 quality measures to receive a full Medicare payment update in fiscal year 2005. CMS estimates it will take participants roughly 52 hours to report on all 10 measures, which are currently part of the voluntary hospital-led Quality Initiative and will be required for a full market basket update in FY 2005-07 under the Medicare Prescription Drug, Improvement and Modernization Act. CMS will accept comments on the proposed data collection until March 18. For more, see the Federal Register notice here under "Centers for Medicare & Medicaid Services.
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8. Medicaid Cost Dispute Likely Between Federal and State Officials
The Bush Administration and states appear headed for a confrontation as officials from the Centers for Medicare and Medicaid Services begin to clamp down on state efforts to shift more of the cost of Medicaid to the federal government. In his proposed 2005 fiscal year budget, President Bush said the federal government could save $1.5 billion next year and $23.6 billion in the next decade with efforts to restore the "fiscal integrity" of Medicaid. The Bush administration published a notice in the Federal Register in February to inform states that the federal government plans to require them to provide detailed descriptions of each source of revenue used to pay their shares of the cost of Medicaid.
Under the plan, the federal government would have to approve state Medicaid budgets and states could not receive federal funds for additional costs unless federal officials approve the expenditures. However, state officials have balked at the plan and maintain that efforts by the federal government to limit practices such as intergovernmental transfers of funds would lead to "a real hardship" for state Medicaid programs.
Federal officials maintain that state efforts to shift more of the cost of Medicaid to the federal government, which currently covers between 50 percent and 70 percent of the cost of the program, have raised federal Medicaid expenditures. According to the General Accounting Office, which has added Medicaid to a list of high-risk programs, states have used various financing strategies to generate excessive federal Medicaid matching funds while their own share of expenditures has remained unchanged or decreased.
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9. Frist Names Five to Pension Bill Conference
Sen. Majority Leader Bill Frist (R-Tenn.) has appointed five senators to a conference committee charged with reconciling House and Senate versions of a bill that would extend pension relief for hospitals and other employers for two years while Congress studies a long-term solution. While different, both bills would temporarily replace the 30-year Treasury rate used to calculate pension fund contributions with a composite corporate bond rate. The new rate would reduce required contributions, which have soared in recent years due to a steep drop in the Treasury rate.
The Senate conferees are Finance Committee Chairman Charles Grassley (R-Iowa) and ranking member Max Baucus (D-Mont.); Health, Education, Labor and Pensions Committee Chairman Judd Gregg (R-N.H.) and ranking member Edward Kennedy (D-Mass.) and Senate Majority Whip Mitch McConnell (R-Ky.). House Speaker Dennis Hastert (R-Ill.) could name additional conferees.
Hospitals are pushing for final passage of pension relief legislation before April, when many hospitals will be required to contribute to their employees' pension funds. Temporary relief enacted by Congress last March expired Dec. 31.
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10. AHA recommends changes to proposed psych PPS rule
The AHA on Feb. 26 urged the Centers for Medicare & Medicaid Services to modify its proposed prospective payment system rule for inpatient psychiatric facilities to lessen the financial impact on the facilities, particularly distinct part units, and protect patients' access to mental health care. "We are gravely concerned that the proposed rule will further weaken our fragile mental health system...and prevent many individuals from getting the treatment they urgently need," AHA Executive Vice President Rick Pollack said in a comment letter to the agency. While the AHA supports a shift from a cost-based system to a PPS, it recommended several changes, including increasing estimates of the agency's spending under current law, providing an adjustment for facilities with an emergency department, and adding to the list of co-morbid conditions. The AHA said that, though the recommended changes would minimize the impact of the new PPS on distinct part units, CMS also should implement a "stop loss" policy to protect providers that suffer significant payment cuts. CMS' proposed rule, which would affect nearly 2,000 freestanding psychiatric facilities and distinct part units, was published last Nov. 28; a final rule is expected later this year. The comment letter will soon be available at www.aha.org under "What's New."
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11. Docs’ group forms to press Congress on liability reform
A new physicians’ organization announced its formation last week solely to push a medical liability reform bill through Congress and began a print and television advertising campaign on the topic. Doctors for Medical Liability Reform, Washington, arose from the failure of the Senate last year to pass a bill—already cleared by the House—that would establish a $250,000 limit on noneconomic damages in medical malpractice cases. The group said it is separate from the American Medical Association and has 23,000 doctors as members. The prints ads were to run in the Wall Street Journal, USA Today and the Washington Post.
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12. Medicare reform remains a pivotal campaign issue
With Senators Kerry and Edwards leading the Democratic field for the presidential nomination, Medicare reform remains a defining campaign issue that highlights what some see as key differences between the two major parties, if not between the leading Democratic candidates. For the full story, click here.
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13. AHA advocacy agenda for 2004 available online
The AHA has published its 2004 advocacy agenda. The document outlines the AHA's legislative and policy agenda for the coming year, designed to help hospital leaders tackle challenges ranging from workforce shortages and increased demand to rising medical liability costs and caring for the poor and uninsured. The agenda can be found at www.aha.org under "Advocacy and Representation."
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14. U.S. Senate fails to act on medical malpractice legislation
The U.S. Senate last week failed to garner the 60 votes needed to further debate and pass S. 2061, the Healthy Mothers and Healthy Babies Access to Care Act. MHA and the American Hospital Association supported this bill, which would have limited non-economic and punitive damages in medical liability lawsuits involving obstetrical and gynecological services, while maintaining unlimited economic damages. Under Senate procedures, 60 votes are needed to permit a vote on passage of the legislation.
A similar vote failed last July on an overall malpractice reform bill, and Democrats remain opposed to the legislation. The House passed a comprehensive malpractice reform bill last March. S. 2061 would apply medical malpractice reforms to only those lawsuits involving obstetrical-gynecological services. It represents a Republican strategy to achieve approval of legislation on a piecemeal basis.
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