WASHINGTON WIRE


September 18, 2009
Issue 214

For daily updates on the healthcare reform debate, please see and bookmark PPSV's Healthcare Reform Resource Center 

Finance Chair Max Baucus Releases Mark of Healthcare Reform Bill

Leahy and Conyers Drop Bill to Repeal Health Insurer Exemption from Antitrust Laws

HHS Announces ARRA Grants for Community Wellness Programs

PPSV Principal Awarded MNCHA “Member of the Year” Award

PPSV Attorneys Participate in MGMA Seminar

Hearings

Top Story

Finance Chair Max Baucus Releases Mark of Healthcare Reform Bill

On September 16, Senate Finance Committee Chairman Max Baucus (D-MT) released an $856 billion proposal to reform the nation's healthcare system that would require individuals to get health insurance coverage. Described as a Chairman's Mark, the proposal reads more like a section-by-section of the bill and includes new requirements for the private insurance market, expands Medicaid eligibility and provides funding for state-based cooperatives to compete with private health plans. The Committee is scheduled to begin mark-up of the legislation Tuesday, September 22.

By far the most conservative plan for healthcare reform put forth in Congress, it is still unclear if the proposal will attract any Republican support. After the release of the bill, Senator Olympia Snowe (R-ME) released a letter with three fiscally conservative Senate Democrats that praised Baucus' efforts to reach a bipartisan compromise and pledged continued involvement in those efforts, but stopped short of an endorsement of the bill.

The bill's revenue provisions include Medicare and Medicaid spending reductions, a tax on insurers offering more expensive plans and new fees on sectors of the healthcare industry. The legislation omits a mandate for employers to offer employees insurance, although it does impose a fee on employers (with 50 employees or more) that refuse to offer insurance.

Health Care News

Leahy and Conyers Drop Bill to Repeal Health Insurer Exemption from Antitrust Laws

The Chairmen of the Senate and House Judiciary Committees introduced legislation Thursday September 17 that would apply federal antitrust laws to health and medical malpractice insurers. Senator Patrick Leahy (D-VT) and Representative John Conyers (D-MI) introduced the bill that would repeal the insurers' current exemption from Department of Justice and Federal Trade Commission antitrust regulations.

Insurers generally were granted statutory exemption from federal antitrust laws in the 1945 McCarran-Ferguson Act. Insurers argue that the repeal is unnecessary since they are already prohibited against price fixing and collusion on claims settlements.

HHS Announces ARRA Grants for Community Wellness Programs

On Thursday September 17, HHS announced $650 million in American Recovery and Reinvestment Act grants to promote community wellness programs. The ARRA funding will go towards the Communities Putting Prevention to Work Initiative, which aims to reduce risk factors, prevent chronic disease, promote wellness in children and adults and provide positive health changes in communities.

Over half of the funding will be awarded to communities through a competitive selection process.The CDC will distribute funding for community cooperative agreements that use evidence-based approaches to prevent chronic disease and work towards achieving the following outcomes:

* Increased levels of physical activity;
* Improved nutrition;
* Decreased overweight/obesity prevalence;
* Decreased tobacco use; and
* Decreased exposure to secondhand smoke.

PPSV in the News

PPSV Principal Awarded MNCHA "Member of the Year" Award

PPSV principal Jim Pyles was awarded the "Member of the Year" award by the Maryland National Capital Homecare Association at its annual meeting on September 16, 2009. Mr. Pyles has served as legal advisor to the board for many years. MNCHA is the state association for home health and durable medical equipment companies in Maryland and the District of Columbia.

PPSV Attorneys Participate in MGMA Seminar

On September 22, 2009 Rebecca Burke and Robert Saner will be participating in a live Webinar sponsored by the Medical Group Management Association on Medicare Part B "incident to" coverage and billing policies which will include a review of Medicare "incident to" rules, the relationship between "incident to" services and the Stark law, and the recent OIG report which found that a significant number of "incident to" services provided in physicians' offices are performed by unqualified individuals. For information on participating in the Webinar click here.

Upcoming Events

Hearings

Tuesday, September 22

Mark-Up of Health Care Reform
Senate Finance Committee
9:00 a.m., in 216 Hart Senate Office Building

Federal Oversight Of High Containment Bio-Laboratories
House Ways and Means Subcommittee Hearing
11:00 a.m., 2123 Rayburn House Office Building

For More Information

For further information on any topics discussed or publications listed, or to get copies of anything mentioned in this alert, please call (202) 466-6550 and ask for the Legislative Practice Group.

Powers Pyles Sutter & Verville P.C. is a full service law firm specializing in health care and education law and located at 1501 M St., NW 7th Floor, Washington DC 20005

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