CMS
Proposes New Pay-for-Performance Standards for Medicare
The Centers for Medicare and Medicaid Services (CMS) announced
proposed standardized measures aimed at evaluating physicians’
treatment of patients with specific clinical conditions. CMS
submitted the set of 84 standards, called ambulatory care
measures, to the National Quality Forum for review and comment.
Although Medicare officials do not expect to incorporate all
of these measures into the final evaluation tool, the survey
will be used to evaluate the quality of care provided in physicians’
offices for specified conditions, including coronary artery
disease and heart failure, diabetes, and high blood pressure.
Physicians will receive payment for monitoring and reporting
information on these measures to CMS.
The announcement by CMS coincided with a
meeting of the Medicare Payment Advisory Commission (MedPAC),
which is exploring various pay-for-performance models for
adoption by Medicare. MedPAC is in the beginning stages of
examining tying quality care with reimbursement levels, and
is expected to make recommendations
on Medicare pay-for-performance in its March 2005 report to
Congress.

House
Passes Physician Visa Bill, Bush Expected to Sign
By an overwhelming margin of 407-4, the House
passed a bill renewing a visa program for foreign doctors
who complete their training in the United States. Typically,
foreign doctors must leave the country for two years after
completing their training, but the bill passed by the House
last week and the Senate on Oct. 11, allows physicians with
J-1 visas to stay in the United States if they agree to practice
in an underserved community for three years. Each state will
be allowed to grant 30 waivers per year, including five waivers
for physicians practicing in areas not specifically deemed
“underserved” by the Department of Health and
Human Services. The bill now goes to President
Bush for his signature.

Senate
Holds Hearings on Vioxx
Amid criticism of the market withdrawal and safety
review of the blockbuster pain medication Vioxx, representatives
from the Food and Drug Administration (FDA) and the drug’s
manufacturer, Merck, were called to testify before the Senate
Finance Committee on Nov. 18. Senate Finance Chairman Charles
Grassley, R-Iowa, issued a stern warning to the FDA, commenting
that “one of my concerns is that the FDA has a relationship
with drug companies that is too cozy.” David Graham,
the Associate Director for Science and Medicine at the FDA’s
Office of Drug Safety, offered a grim assessment of the FDA’s
safety review process, calling the injuries resulting from
Vioxx the “single greatest drug safety catastrophe in
the history of this country or the history of the world.”
Graham also warned that without immediate reform the public
remains at risk and he mentioned five drugs currently on the
market that need to be closely monitored by the FDA: weight-loss
drug Meridia, cholesterol-lowering drug Crestor, acne drug
Accutane, pain relief medication Bextra, and asthma drug Serevant.
Other FDA officials who attended the hearing denied any elevated
risks associated with these drugs and told the panel that
they should be considered safe. Raymond Gilmartin, Merck’s
CEO, also testified at the hearing, emphasizing the company’s
constant evaluation of Vioxx while it was on the market and
its voluntary withdrawal of the drug when it was found to
lead to a higher risk of heart
attack and stroke.

Congress
Passes Spending Bills for FY2005
In a rare Saturday congressional session, Senate and House
negotiators wrapped up discussions on nine appropriations
bills and passed an omnibus spending package totaling $388
billion. The final bill reflected the desire of Republican
leadership to limit domestic spending in favor of increased
funding for homeland security and the war in Iraq. The White
House had threatened to veto the bill if domestic spending
rose by more than 1 percent. Congress met this demand by issuing
a modest 2.8 percent funding increase for the departments
of Labor, Health and Human Services, and Education. Some health-related
allocations include:
- National Institutes of Health: $28.5 billion
(an $849 million increase)
- National Heart, Lung, and Blood Institute:
$2.9 billion (an $85 million increase)
- Centers for Disease Control and Prevention:
$4.5 billion (a $196 million decrease)
- Agency for Healthcare Research and Quality:
$318 million (a $14 million increase)
- CDC Heart Disease and Stroke Program: $45
million (a $3.4 million increase)
These numbers do not reflect an 0.8 percent
cut mandated for all non-defense, non-homeland
security spending.

Hospitals
Committing Fewer Errors, But Consumers Still Have Doubts
Two studies released last week revealed that although
hospitals have made headway in reducing medical errors, the
public continues to harbor concerns about hospital safety.
The LeapFrog
Group, which is comprised of more than 160 large health
benefits purchasers, released a survey last week demonstrating
that hospitals are taking steps to ensure patient safety.
Eighty percent of hospitals reported implementing procedures
to prevent wrong-site surgeries and 70 percent of hospitals
require a pharmacist to review medication orders before administering
the drug to a patient. The survey also pointed to areas where
hospitals need to improve in their safety standards, including
ensuring appropriate nurse staffing levels, explaining risks
associated with procedures to patients, and preventing bed
sores.
Despite these systemic reforms to hospital care, 40 percent
of Americans believe that the quality of health care has lessened
over the past five years. According to a
survey released by the Kaiser Family Foundation, the Agency
for Healthcare Research and Quality, and the Harvard School
of Public Health, more than half of the public is dissatisfied
with the quality of care. One-third of the 2,000 people surveyed
said either they or a family member had experienced a medical
error and 92 percent of the respondents believed medical error
reporting should be mandatory. The survey also revealed that
most Americans do not believe litigation is a viable method
of reducing errors. Instead, hospitals and providers should
report
errors promptly and give consumers access to this information,
so they can make informed choices about their delivery of
care.

Medical
Liability Online Resource: Protect Patients Now
Doctors for Medical Liability Reform (DMLR) continues to offer
physicians, patients and the public the most comprehensive
online resource for medical liability reform through its Web
site—www.protectpatientsnow.org.
Filled with detailed information reflecting the impact of
the 2004 elections on the campaign for reform, the DMLR site
provides users with a state-by-state
analysis of medical liability reform, a look at eight Senators
who signed the DMLR
pledge, and a national
perspective of the medical liability crisis. 

FDA
Recalls 10,000 AEDs
On Nov. 19, the FDA issued a Class 1
recall of Access CardioSystems Automated External Defibrillators
(AEDs). The devices were recalled due to problems with faulty
circuit boards and inoperative “on/off” switches.
For more information on this recall, please visit http://www.fda.gov/medwatch/SAFETY/2004/safety04.htm#Access.

Advocacy
Weekly Returns Dec. 6
Due to the Thanksgiving holiday, Advocacy
Weekly will not be published next Monday. Please look for
the next edition on Dec. 6.
Advocacy
Weekly is a product of the Advocacy Division of the American
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