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Weekly Legislative & Regulatory Round-up

Week of August 1 - 7

GAO reports

Biosafety Laboratories: BSL-4 Laboratories Improved Perimeter Security Despite Limited Action by CDC GAO-09-851

Unemployment Insurance Measures Included in the American Recovery and Reinvestment Act of 2009, as of July 2009

Hurricane Katrina: Barriers to Mental Health Services for Children Persist in Greater New Orleans, Although Federal Grants Are Helping to Address Them GAO-09-935T

Ryan White CARE Act: Estimated Effect of Proposed Stop-Loss Provision in H.R. 3293 on Urban Areas GAO-09-947R

OIG reports

Prevalence and Qualifications of Nonphysicians Who Performed Medicare Physician Services (PDF)
(OEI-09-06-00430)

Review of the Calculation of Additional Medicaid Funding Awarded Under the American Recovery and Reinvestment Act
(A-09-09-00080)

Bills introduced
Number/
Title
Date Introduced Sponsor Description

S. 1555

7/31/09

MEL MARTINEZ (R-FL)

A bill to establish the Office of the National Alzheimer's Project; Referred to the Committee on Health, Education, Labor, and Pensions.

H.R. 3454

7/31/09

SULLIVAN (R-OK)

A bill to amend title XVIII of the Social Security Act to reform payments and coverage for hospice care under the Medicare Program; Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

H.R. 3438

7/31/09

DARRELL ISSA (R-CA)

A bill to amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes; Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means.

H.R. 3459

7/31/09

BRIAN BAIRD (D-WA)

A bill to provide comprehensive reform regarding medical malpractice; Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary.

H.R. 3468

7/31/09

MICHAEL CASTLE (R-DE)

A bill to amend the Internal Revenue Code of 1986, the Public Health Service Act, and the Employee Retirement Income Security Act of 1974 to promote the use of prevention and wellness programs; Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor.

H.R. 3470

7/31/09

STEVE COHEN (D-TN)

A bill to authorize funding for the creation and implementation of infant mortality pilot programs in standard metropolitan statistical areas with high rates of infant mortality, and for other purposes; Referred to the Committee on Energy and Commerce.

H.R. 3472

7/31/09

KATHY DAHLKEMPER (D-PA)

A bill to provide for health insurance coverage premium discounts for healthy behavior and improvements toward healthy behavior; Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor.

H.R. 3475

7/31/09

RANDY FORBES (R-VA)

A bill to amend the Public Health Service Act to double the amount of funds authorized to be appropriated to the National Institutes of Health for medical research with the greatest potential for near-term clinical benefit; Referred to the Committee on Energy and Commerce.

H.R. 3478

7/31/09

LOUIE GOHMERT (R-TX)

A bill to amend the Internal Revenue Code of 1986 to modify rules relating to health savings accounts, to provide payments for a health savings account and for a high deductible health plan instead of entitlement to benefits under Medicare, Medicaid, and SCHIP, to give more control and coverage to patients, to lower health care costs through increased price transparency, and to require immigrants to have a health savings account and high deductible health coverage at time of admission; Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce.

H.R. 3483

7/31/09

DEAN HELLER (R-NV)

A bill to reform the medical liability system, improve access to health care for rural and indigent patients, enhance access to affordable prescription drugs, and for other purposes; Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

H.R. 3495

7/31/09

MARCY KAPTUR (D-OH)

A bill to amend title XVIII of the Social Security Act to ensure access to quality home health services for all Americans, and for other purposes; Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

S. 1572

8/4/09

JIM DEMINT (R-SC)

A bill to provide for a point of order against any legislation that eliminates or reduces the ability of Americans to keep their health plan or their choice of doctor or that decreases the number of Americans enrolled in private health insurance, while increasing the number of Americans enrolled in government-managed health care; read the first time.

S. 1578

8/5/09

PATRICK LEAHY (D-VT)

A bill to amend chapter 171 of title 28, United States Code, (commonly referred to as the Federal Torts Claim Act) to extend medical malpractice coverage to free clinics and the officers, governing board members, employees, and contractors of free clinics in the same manner and extend as certain Federal officers and employees; Referred to the Committee on the Judiciary.

S. 1585

8/5/09

RICHARD DURBIN (D-IL)

A bill to permit pass-through payment for reasonable costs of certified registered nurse anesthetist services in critical access hospitals notwithstanding the reclassification of such hospitals as urban hospitals, including hospitals located in ``Lugar counties'', and for on-call and standby costs for such services; Referred to the Committee on Finance.

S. 1591

8/6/09

PATTY MURRAY (D-WA)

A bill to amend the Foreign Assistance Act of 1961, to establish the Health Technology Program in the United States Agency for International Development to research and develop technologies to improve global health, and for other purposes; Referred to the Committee on Foreign Relations.

S. 1625

8/6/09

CHRISTOPHER DODD (D-CT)

A bill to amend title II of the Public Health Service Act to provide for an improved method to measure poverty so as to enable a better assessment of the effects of programs under the Public Health Service Act and the Social Security Act, and for other purposes; Referred to the Committee on Health, Education, Labor, and Pensions.

S. 1626

8/6/09

AMY KLOBUCHAR (D-MN)

A bill to require issuers of long term care insurance to establish third party review processes for disputed claims; Referred to the Committee on Health, Education, Labor, and Pensions.

S. 1628

8/6/09

MARK UDALL (D-CO)

A bill to amend title VII of the Public Health Service Act to increase the number of physicians who practice in underserved rural communities; Referred to the Committee on Health, Education, Labor, and Pensions.

S. 1630

8/6/09

JOHN ROCKEFELLER (D-WV)

A bill to amend title XVIII of the Social Security Act of improve prescription drug coverage under Medicare part D and to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to improve prescription drug coverage under private health insurance, and for other purposes; Referred to the Committee on Finance.

S. 1634

8/6/09

JOHN ROCKEFELLER (D-WV)

A bill to amend titles XVIII and XIX of the Social Security Act to protect and improve the benefits provided to dual eligible individuals under the Medicare and Medicaid programs; Referred to the Committee on Finance.

 

Federal Register notices

August 3, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Medical Device User Fee Rates for Fiscal Year 2010

ACTION: Notice.

SUMMARY: The Food and Drug Administration (FDA) is announcing the

fee rates and payment procedures for medical device user fees for

fiscal year (FY) 2010.

 

Food and Drug Administration

Prescription Drug User Fee Rates for Fiscal Year 2010

ACTION: Notice.

SUMMARY: The Food and Drug Administration (FDA) is announcing the rates

for prescription drug user fees for fiscal year (FY) 2010.

 

August 4, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

Food and Drug Administration

Authorization of Emergency Use of Certain In Vitro Diagnostic

Devices; Availability

ACTION: Notice.

 

Food and Drug Administration

Authorization of Emergency Use of Certain Personal Respiratory

Protection Devices; Availability

ACTION: Notice.

 

Food and Drug Administration

Authorizations of Emergency Use of Certain Antiviral Drugs--

Zanamivir and Oseltamivir Phosphate; Availability

ACTION: Notice.

  

Office of the Secretary

Determination and Declarations Regarding Emergency Use of Certain

In vitro Diagnostic, Antiviral, and Personal Respiratory Products

Accompanied by Emergency Use Information

ACTION: Notice.

SUMMARY: The Secretary of Health and Human Services (HHS) is issuing

this notice pursuant to section 564(b) of the Federal Food, Drug, and

Cosmetic Act (FFDCA), 21 U.S.C. 360bbb-3(b)(4). On April 26, 2009, the

Acting Secretary of HHS determined that a public health emergency

exists nationwide involving Swine Influenza A (now known as 2009-H1N1

Influenza A, or 2009-H1N1 influenza) that affects or has significant

potential to affect national security. On the basis of this

determination, on April 26 and April 27, 2009, the Acting Secretary

declared emergencies justifying the authorization of emergency use of

certain in vitro diagnostic, antiviral, and personal respiratory

protection products accompanied by emergency use information subject to

the terms of any authorization issued by the Commissioner of Food and

Drugs (Commissioner) under 21 U.S.C. 360bbb-3(a).

 

Office of the Secretary

Implementation of Section 5001 of the American Recovery and

Reinvestment Act of 2009 (ARRA) for Adjustments to the Third Quarter of

Fiscal Year 2009 Federal Medical Assistance Percentage (FMAP) Rates for

Federal Matching Shares for Medicaid and Foster Care and Adoption

Assistance

ACTION: Notice with comment period.

SUMMARY: This notice with comment period describes the methodology for

calculating the higher federal matching funding that is made available

under Section 5001 of the American Recovery and Reinvestment Act of

2009 (ARRA). Section 5001 of the ARRA provides for temporary increases

in the Federal Medical Assistance Percentage (FMAP) rates to provide

fiscal relief to States and to protect and maintain State Medicaid

programs in a period of economic downturn.

 

Health Resources and Services Administration

Advisory Committee on Heritable Disorders in Newborns and

Children; Notice of Meeting

Dates and Times: September 24, 2009, 8:30 a.m. to 5 p.m.

September 25, 2009, 8:30 a.m. to 3 p.m.

Place: Bethesda Marriott-Pooks Hill, 5151 Pooks Hill Road,

Bethesda, MD 20814.

Status: The meeting will be open to the public.

 

August 5, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

Centers for Medicare & Medicaid Services

Medicare Program; Payment Policies Under the Physician Fee

Schedule and Other Revisions to Part B for CY 2010; Correction

ACTION: Correction of proposed rule.

SUMMARY: This document corrects technical errors in the proposed rule

entitled ``Medicare Program; Payment Policies Under the Physician Fee

Schedule and Other Revisions to Part B for CY 2010'' which appeared in

the July 13, 2009 Federal Register.

 

August 6, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

Medicare Program; Hospice Wage Index for Fiscal Year 2010

ACTION: Final rule.

SUMMARY: This final rule will set forth the hospice wage index for

fiscal year 2010. The final rule adopts a MedPAC recommendation

regarding a process for certification and recertification of terminal

illness. In addition, this final rule will also revise the phase-out of

the wage index budget neutrality adjustment factor (BNAF), with a 10

percent BNAF reduction in FY 2010. The BNAF phase-out will continue

with successive 15 percent reductions from FY 2011 through FY 2016.

 

Centers for Medicare and Medicaid Services

Medicare Program; Home Health Prospective Payment System Rate

Update for Calendar Year 2010

ACTION: Proposed rule.

SUMMARY: This proposed rule sets forth an update to the Home Health

Prospective Payment System (HH PPS) rates; the national standardized

60-day episode rates, the national per-visit rates, the non-routine

medical supply (NRS) conversion factor, and the low utilization payment

amount (LUPA) add-on payment amount, under the Medicare prospective

payment system for home health agencies effective January 1, 2010.

 

Centers for Medicare & Medicaid Services

Medicare Program; Inpatient Psychiatric Facilities Prospective

Payment System Payment Update for Rate Year Beginning July 1, 2009 (RY

2010); Correction

ACTION: Correction of notice.

SUMMARY: This document corrects typographical errors that appeared in

the notice published in the May 1, 2009 Federal Register entitled,

``Inpatient Psychiatric Facilities Prospective Payment System Payment

Update for Rate Year Beginning July 1, 2009 (RY 2010).''

 

August 7, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

Medicare Program; Inpatient Rehabilitation Facility Prospective

Payment System for Federal Fiscal Year 2010

ACTION: Final rule.

SUMMARY: This final rule updates the payment rates for inpatient

rehabilitation facilities (IRFs) for Federal fiscal year (FY) 2010.

 

Food and Drug Administration

Guidance for Industry on Pharmaceutical Components at Risk for

Melamine Contamination; Availability

ACTION:  Notice.

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