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Weekly Legislative & Regulatory Round-up

Week of February 21 - 27

GAO reports

Nonprofit Sector: Significant Federal Funds Reach the Sector through Various Mechanisms, but More Complete and Reliable Funding Data Are Needed GAO-09-193

 

OIG reports

Comparing Pharmacy Reimbursement: Medicare Part D to Medicaid (OEI-03-07-00350)

 

Bills introduced
Number/
Title
Date Introduced Sponsor Description

H.R. 1117

2/23/09

TAMMY BALDWIN (D-WI)

A bill to amend title XIX of the Social Security Act to establish a State plan option under Medicaid to provide an all-inclusive program of care for children who are medically fragile or have one or more chronic conditions that impede their ability to function; Referred to the Committee on Energy and Commerce.

H.R. 1118

2/23/09

MARSHA BLACKBURN (R-TN)

A bill to amend the Social Security Act to improve choices available to Medicare eligible seniors by permitting them to elect (instead of regular Medicare benefits) to receive a voucher for a health savings account, for premiums for a high deductible health insurance plan, or both and by suspending Medicare late enrollment penalties between ages 65 and 70; Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

H.R. 1125

2/23/09

MARCY KAPTUR (D-OH)

A bill to amend title XVIII of the Social Security Act to improve the quality of care in skilled nursing facilities under the Medicare Program through requiring the reporting of expenditures for nursing; Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

H.R. 1137

2/23/09

EDOLPHUS TOWNS (D-NY)

A bill to amend title XVIII of the Social Security Act to provide improved access to physical medicine and rehabilitation services under part B of the Medicare Program, and for other purposes; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

S. 457

2/24/09

JOHN R. THUNE (R-SD)

A bill to establish pilot projects under the Medicare program to provide incentives for home health agencies to utilize home monitoring and communications technologies; Referred to the Committee on Finance.

H.R. 1142

2/24/09

ANNA ESHOO (D-CA)

A bill to amend title XIX of the Social Security Act to require States to provide hair prostheses under the Medicaid Program for individuals diagnosed with alopecia areata; Referred to the Committee on Energy and Commerce.

 H. Con. Res. 58

2/24/09

JAMES LANGEVIN (D-RI)

Concurrent resolution expressing the sense of Congress that any effort to reengineer the health care system in the United States should incorporate sustainable wellness programs that address the underlying causal factors associated with chronic disease; Referred to the Committee on Energy and Commerce

S. 468

2/25/09

DEBBIE A. STABENOW (D-MI)

A bill to amend title XVIII of the Social Security Act to improve access to emergency medical services and the quality and efficiency of care furnished in emergency departments of hospitals and critical access hospitals by establishing a bipartisan commission to examine factors that affect the effective delivery of such services, by providing for additional payments for certain physician services furnished in such emergency departments, and by establishing a Centers for Medicare & Medicaid Services Working Group, and for other purposes; Referred to the Committee on Finance.

H.R. 1188

2/25/09

BART GORDON (D-TN)

A bill to amend title XVIII of the Social Security Act to improve access to emergency medical services and the quality and efficiency of care furnished in emergency departments of hospitals and critical access hospitals by establishing a bipartisan commission to examine factors that affect the effective delivery of such services, by providing for additional payments for certain physician services furnished in such emergency departments, and by establishing a Centers for Medicare & Medicaid Services Working Group, and for other purposes; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 1189

2/25/09

KAY GRANGER (R-TX)

A bill to amend the Public Health Service Act to establish a national screening program at the Centers for Disease Control and Prevention and to amend title XIX of the Social Security Act to provide States the option to provide medical assistance for men and women screened and found to have colorectal cancer or colorectal polyps; Referred to the Committee on Energy and Commerce.

H.R. 1197

2/25/09

HARRY MITCHELL (D-AZ)

A bill to assign a higher priority status for hospital care and medical services provided through the Department of Veterans Affairs to certain veterans who are recipients of the medal of honor; Referred to the Committee on Veterans' Affairs.

H.R. 1200

2/25/09

JIM MCDERMOTT (D-WA)

A bill to provide for health care for every American and to control the cost and enhance the quality of the health care system; Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Oversight and Government Reform, and Armed Services.

H.R. 1203

2/25/09

CHRIS VAN HOLLEN (D-MD)

A bill to amend the Internal Revenue Code of 1986 to allow Federal civilian and military retirees to pay health insurance premiums on a pretax basis and to allow a deduction for TRICARE supplemental premiums; Referred to the Committee on Ways and Means, and in addition to the Committees on Oversight and Government Reform, and Armed Services.

S. 486

2/26/09

BARNARD SANDERS (I-VT)

A bill to achieve access to comprehensive primary health care services for all Americans and to reform the organization of primary care delivery through an expansion of the Community Health Center and National Health Service Corps programs; Referred to the Committee on Health, Education, Labor, and Pensions.

S. 487

2/26/09

TOM HARKIN (D-IA)

A bill to amend the Public Health Service Act to provide for human embryonic stem cell research; Referred to the Committee on Health, Education, Labor, and Pensions.

S. 488

2/26/09

SHERROD BROWN (D-OH)

A bill to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require group and individual health insurance coverage and group health plans to provide coverage for individuals participating in approved cancer clinical trials; Referred to the Committee on Health, Education, Labor, and Pensions.

S. 497

2/26/09

RICHARD DURBIN (D-IL)

A bill to amend the Public Health Service Act to authorize capitation grants to increase the number of nursing faculty and students, and for other purposes; Referred to the Committee on Health, Education, Labor, and Pensions

S. 501

2/26/09

JOHN ROCKEFELLER (D-WV)

A bill to amend the Federal Food, Drug, and Cosmetic Act to prohibit the marketing of authorized generic drugs; Referred to the Committee on Health, Education, Labor, and Pensions.

H.R. 1210

2/26/09

ANNA ESHOO (D-CA)

A bill to amend the Public Health Service Act to provide for arthritis research and public health, and for other purposes; Referred to the Committee on Energy and Commerce.

H.R. 1211

2/26/09

STEPHANIE HERSETH SANDLIN (D-SD)

A bill to amend title 38, United States Code, to expand and improve health care services available to women veterans, especially those serving in Operation Enduring Freedom and Operation Iraqi Freedom, from the Department of Veterans Affairs, and for other purposes; Referred to the Committee on Veterans' Affairs.

H.R. 1213

2/26/09

GENE GREEN (D-TX)

A bill to amend title XVIII of the Social Security Act to provide that the Medicare initial preventive physical examination not be required for a referral with respect to ultrasound screening for abdominal aortic aneurysms and to provide for such screening with respect to at-risk Medicare beneficiaries between the ages of 65 and 75; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 1236

2/26/09

STEVEN ROTHMAN (D-NJ)

A bill to provide for the provision by hospitals receiving Federal funds through the Medicare Program or Medicaid Program of emergency contraceptives to women who are survivors of sexual assault; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

 

Federal Register notices

February 23, 2009

 

No relevant notices.

 

February 24, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

 

Opportunity To Collaborate in the Evaluation of Rapid Diagnostic

Tests for HIV and HCV

 

ACTION: Opportunities for collaboration for evaluation of rapid

diagnostic tests for HIV and hepatitis C virus (HCV). The Centers for

Disease Control and Prevention (CDC), National Center for HIV/AIDS,

Viral Hepatitis, STD, and TB Prevention (NCHHSTP), has an opportunity

for collaboration to evaluate diagnostic tests for HIV and HCV. These

evaluations will include evaluation of the sensitivity and specificity

of the tests, and the predictive value of algorithms using two or more

different rapid tests in combination.

 

 

Food and Drug Administration

 

Maximum Civil Money Penalty Amounts and Compliance With the

Federal Civil Penalties Inflation Adjustment Act; Confirmation of

Effective Date

 

ACTION: Direct final rule; confirmation of effective date.

 

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

effective date of March 27, 2009, for the direct final rule that

appeared in the Federal Register of November 12, 2008 (73 FR 66750).

The direct final rule amends the agency's regulations to update the

statutory citations regarding the new civil monetary penalties

prescribed by the Food and Drug Administration Amendments Act of 2007

(FDAAA), amends the regulations to include the new FDAAA penalties, and

adjusts the preceding maximum civil penalty amounts for inflation as

prescribed by the Federal Civil Penalties Inflation Adjustment Act of

1990 (FCPIAA). This document confirms the effective date of the direct

final rule.

 

Food and Drug Administration

 

Clinical Trial Design for Hospital-Acquired Pneumonia and

Ventilator-Associated Pneumonia; Public Workshop

 

ACTION: Notice of public workshop.

 

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

workshop, cosponsored with the Infectious Diseases Society of America

(IDSA), the American College of Chest Physicians (ACCP), the Society of

Critical Care Medicine (SCCM), and the American Thoracic Society (ATS)

regarding scientific issues in clinical trial design for hospital-

acquired pneumonia (HAP) and ventilator-associated pneumonia (VAP).

This public workshop is intended to provide information about, and gain

perspective from, health care providers, academia, and industry on

various aspects of antimicrobial drug development for HAP and VAP,

including diagnosis of HAP and VAP, effect of antimicrobial treatment

for HAP and VAP, endpoints for trials of HAP and VAP, and statistical

issues in analysis of results of trials in HAP and VAP. The input from

this public workshop will help in developing topics for further

discussion.

 

February 25, 2009

 

GOVERNMENT ACCOUNTABILITY OFFICE

 

Health Information Technology (HIT) Policy Committee Nomination

Letters

 

ACTION: Notice on letters of nomination.

 

SUMMARY: The American Recovery and Reinvestment Act of 2009 (Act)

established the HIT Policy Committee to make recommendations on the

implementation of a nationwide health information technology

infrastructure to the National Coordinator for Health Information

Technology, whose office was also established by the Act. The HIT

Policy Committee consists of at least 20 members, 13 of which are to be

appointed by the Comptroller General within 45 days of enactment of the

Act. For appointments to the HIT Policy Committee that will be made no

later than April 3, 2009, I am announcing the following: Letters of

nomination and resumes should be submitted by March 6, 2009 to ensure

adequate opportunity for review and consideration of nominees prior to

appointment of members.

 

February 26, 2009

 

No relevant notices

 

 

February 27, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

 

Medicare Program; Changes to the Medicare Claims Appeal

Procedures; Continuation of Effectiveness and Extension of Timeline for

Publication of Final Rule

 

ACTION: Interim final rule with comment period; continuation of

effectiveness and extension of timeline for publication of final rule.

 

SUMMARY: This notice announces the continuation of effectiveness of a

Medicare interim final rule with comment period and the extension of

the timeline for publication of the final rule. This notice is issued

in accordance with section 1871(a)(3)(C) of the Social Security Act

(the Act), which allows an interim final rule to remain in effect after

the expiration of the timeline specified in section 1871(a)(3)(B) of

the Act (the ``regular timeline'') or, if applicable, at the end of

each succeeding 1-year extension to the regular timeline, if prior to

the expiration of the timeline, the Secretary publishes in the Federal

Register a notice of continuation and explains why the regular timeline

or any subsequent extension was not complied with.

 

 

Centers for Medicare & Medicaid Services

 

Medicare Program; Application of the Utilization Review

Accreditation Commission (URAC) for Deeming Authority for Medicare

Prescription Drug Plan (PDP) Sponsors

 

ACTION: Proposed notice.

 

SUMMARY: This proposed notice announces the application of the

Utilization Review Accreditation Commission (URAC) for deeming

authority as a national accreditation organization for prescription

drug plan sponsors participating in the Voluntary Medicare Prescription

Drug Benefit Program. This announcement describes the criteria to be

used in evaluating the application and provides information for

submitting comments during a 30 day public comment period.

 

Centers for Medicare & Medicaid Services

 

Medicare Program; Application by the American Association of

Diabetes Educators (AADE) for Recognition as a National Accreditation

Organization (NAO) for Accrediting Entities To Furnish Outpatient

Diabetes Self-Management Training (DSMT)

 

ACTION: Final notice.

 

SUMMARY: This final notice announces the approval of an application

from the American Association of Diabetes Educators (AADE) for

recognition as a National Accreditation Organization (NAO) for

accrediting entities that wish to furnish outpatient Diabetes Self-

Management Training (DSMT) to Medicare beneficiaries. Approval is for a

period of 3 years.

 

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