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PPSV's Healthcare Reform Resource Center
Please visit and bookmark this page for daily updates on the healthcare reform debate.
In this issue, you'll find:
Senate Continues Debating Amendments to Healthcare Bill
OIG Report Recommends FDA Seek Additional Statutory Authority for Reporting Requirements
CMS Extends Joint Commission's Deeming Authority
CMS Again Delays Application of Medicaid Rule
Hearings and Floor Activity
Top Story
Senate Continues Debating Amendments to Healthcare Bill
After working through the weekend, the Senate will resume consideration of amendments to its version of the healthcare reform bill Monday morning at 10 am. The chamber voted on a series of amendments last week and Saturday and Sunday, with President Obama visiting the Hill Sunday afternoon for a Senate Democratic caucus. The votes included unanimous passage of an amendment mandating that guaranteed Medicare benefits not be cut through the bill, just after Senator John McCain's (R-AZ) amendment to block cuts to Medicare failed.
Liberal and moderate Democrats in the Senate have yet to find consensus on a few key issues, including whether or not the bill should retain a public option - and the form that option should take if it remains in the bill. The current version of the legislation, HR 3590, includes a public plan that states could choose to leave out of their insurance exchanges. This "opt out" provision has its share of detractors, however, and a group of Democratic Senators are trying to reach a compromise that could take the shape of a non-government, not-for-profit option that states would adopt if no affordable private option is created through reform. This "trigger" concept is similar to that suggested earlier by Republican Senator Olympia Snowe (ME), and if adopted could ultimately attract her support for the bill.
Health Care News
OIG Report Recommends FDA Seek Additional Statutory Authority for Reporting Requirements
In its Semiannual Report to Congress released last week, HHS' Office of Inspector General recommended that the FDA consider seeking additional statutory authority to strengthen certain information and records requirements. In one review, the OIG was able to trace only 5 of 40 products through the food supply chain. In addition, a majority of the facilities reviewed did not meet FDA requirements to maintain certain records, and a quarter were not aware of those requirements. The OIG concluded that FDA would likely have difficulty tracing food products through the food supply chain in the event of an emergency, and recommended that FDA seek additional statutory authority to help remedy the problem.
The report also provided information on FY 2009 audit, investigation and evaluation programs generally. According to the OIG press release on the report, the OIG excluded 2,556 individuals and organizations from participation in Federal health care programs. OIG also reported 671 criminal actions against individuals or organizations that engaged in crimes against HHS programs and 394 civil actions, including False Claims Act and unjust enrichment suits filed in Federal district court, Civil Monetary Penalties Law settlements, and administrative recoveries related to provider self-disclosure matters.
CMS Extends Joint Commission's Deeming Authority
Earlier this month, CMS extended through July 2014 the Joint Commission's deeming authority for hospitals that participate in the Medicare or Medicaid programs. The Medicare Improvements for Patients and Providers Act of 2008 had eliminated the Commission's authority to accredit hospitals and required the organization to apply to CMS for deemed status. Other hospital accrediting organizations already must apply to CMS for deeming status.
CMS Again Delays Application of Medicaid Rule
CMS last week delayed until July of 2010 implementation of a rule, finalized in November of last year, that would allow states to amend their Medicaid plans to offer alternative "benchmark plans" which are either approved by HHS or equivalent to state or certain federal employee coverage. The final rule was set to take effect December 31. The rule was originally schedule to be applied earlier this year, but was previously delayed twice.
Upcoming Events
Hearings and Floor Activity
Monday, December 7
Senate Floor Action
Debate on Healthcare Reform Bill, HR 3590
Begins 10 a.m.
Tuesday, December 8
Prescription Drug Price Inflation
House Energy and Commerce - Subcommittee on Health
9:30 a.m., 2123 Rayburn Bldg
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.
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