
House and Senate Approve Budget Resolutions
House Committee Approves TBI Legislation
Hospital Associations File Lawsuit to Stop Implementation Medicaid Rule
Congress is in Recess until March 31, 2008
On Thursday, the House and Senate voted to approve their respective budget resolutions, nonbinding blueprints for the annual appropriations process.
The President released his proposed budget in early February, requesting $991.6 billion in discretionary funding for fiscal year (FY) 2009. The Senate budget would provide an additional $21.8 billion in discretionary funding over the President's budget request, while the House would provide $25.4 billion more.
The House budget includes reconciliation instructions to the Ways and Means Committee to find $750 million in savings over five years from mandatory programs under its jurisdiction. Any resulting reconciliation bill could be the legislative vehicle to which a Medicare physician fee patch will be attached, as such legislation only requires a simple majority for passage. The Senate budget did not include reconciliation instructions.
The Senate overwhelmingly voted to approve an amendment offered by Senators Harkin (D-IA) and Specter (R-PA) to provide an additional $2.1 billion to the National Institutes of Health (NIH) for increased research in the life sciences.
The two budget resolutions will now be conferenced, but do not have to be signed by the President.
The House Energy and Commerce Committee approved legislation this week to reauthorize the Traumatic Brian Injury (TBI) Act (PL 104-166), clearing the way for consideration by the full House.
The TBI Act was first enacted in 1996 and is intended to assist in the development of state-level infrastructure and service delivery systems for individuals with TBI and their families by providing grants to states. The programs specifically focus on TBI treatment and rehab, individual and family support, returning to work, housing or supportive living, personal assistance services, assistive devices and technologies, behavioral health services, and substance abuse services. The Act was reauthorized in 2000 and provisions on protection and advocacy services for individuals with TBI and their families were added.
Introduced by Congressmen Pascrell (D-NJ) and Platts (R-PA), the House bill would authorize a new study through the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health (NIH) to research the incidence, prevalence, and treatment of TBI. The measure also would authorize a study on improving access to care for veterans with traumatic brain injury, as TBI has become one of the signature injuries of the war in Iraq.
The Senate approved its companion TBI bill late last year.
The Alameda County Medical Centers, the National Association of Public Hospitals and Health Systems, the American Hospital Association, and the Association of American Medical Colleges filed a lawsuit this week to stop implementation of a Medicaid rule that would reduce federal reimbursement for public hospitals and limit payments to public providers.
The group of hospital associations states that the Centers for Medicare and Medicaid Services (CMS) overstepped its authority in promulgating the rule and improperly issued the final rule when Congress had passed a one-year moratorium on its implementation. CMS stands by the rule and states that it will preserve the integrity of the federal-state Medicaid partnership and improve transparency.
The rule would narrow the definition of a public provider and limit Medicaid payments to public hospitals to no more than the cost of the service provided. According to CMS, the rule is expected to save approximately $4 billion for federal Medicaid over five years: however, the hospital groups state the number is closer to $5 billion. The rule is one of seven recent Medicaid rules from CMS which have been criticized for threatening the stability of state Medicaid programs and access to care for Medicaid beneficiaries.
Congressional efforts are underway to extend the current moratorium on implementation of the hospital rule, which is in place until May 25, 2008.
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