Government/Regulation

July 10, 2009

Dr. Francis S. Collins tapped to head NIH

The Los Angeles Times (7/9, Maugh) reports that the White House has announced that "Dr. Francis S. Collins, the geneticist who discovered the causes of half a dozen diseases, oversaw the government's efforts to map the human genome and wrote a now-famous book presenting scientific evidence for a belief in God, will be nominated to head the National Institutes of Health." President Obama said in a statement, "My administration is committed to promoting scientific integrity and pioneering scientific research, and I am confident that Dr. Francis Collins will lead the NIH to achieve these goals."

 

Dr. Collins' nomination "had been rumored for weeks," according to the New York Times (7/9, A20, Harris), and "was praised by top scientists and research advocacy organizations for whom the health institute is a crucial patron." The Times calls the NIH "the most important source of research money in the world; over the next 14 months it will dole out about $37 billion in research grants and spend $4 billion on research programs at its Maryland campus."

 

The Washington Post (7/9, Brown) notes that Collins has recently championed "personalized medicine." He "would take over from Raynard Kington, who was named acting director last fall after Elias A. Zerhouni, NIH director during the Bush administration, resigned."

 

The AP (7/9, Neergaard) reports that "Collins has discovered numerous genes important for diseases, including the one that leads to cystic fibrosis. But the true power of genetics, he told" attendees of a medical conference "last month, has yet to be realized as researchers eventually learn enough to provide customized predictions of which diseases really threaten an individual, and personalized care to respond."

 

Bloomberg News (7/9, Chen, Gaouette) reports that Collins formerly headed the NIH's National Human Genome Research Institute. American Heart Association President Clyde Yancy called him "a brilliant researcher able administrator and visionary leader."

 

Dow Jones Newswires (7/9, Favole) adds that, as NIH director, "Collins will have to oversee new rules governing the use of stem cells for research purposes." He "will also have to avoid and deal with conflicts of interest in researchers who receive NIH funding." The Detroit News (7/9, Kozlowski) focuses on Collins' research as a professor at the University of Michigan. The Hill (7/9, Young) and AFP (7/9) also cover the story.

May 13, 2009

CMS rejects Medicare coverage for virtual colonoscopy

In the past I have blogged about virtual colonoscopy and concern over how in the future this may diminish the number of colon biopsies done to be reviewed.  Others have argued this might actually increase the number of colonoscopies performed and subsequent biopsies, citing a number of reasons, including more people getting at least virtual colonoscopy when age appropriate rather than putting off the more invasive procedure or not getting one at all.  Yesterday CMS rejected the latest proposal to pay for this sevice claiming it wasn't ready for "prime time", as the radiology community has felt. 

So, for the time being it looks like this is not an immediate threat to GI pathologists (if you believe as I do), although I can see the arguments for reimbursement and how this technology may cost costs and save lives. Gastroenterologists are safe from the CT scan as well for now.

As the digital pathology community advances the technology, garners FDA clearances for clinical use and promotes reimbursement for these services, I wonder how CMS will address the issue. 

CPT codes are in place for image assisted IHC interpretation, providing a driver to use the technology with appropriate validation perhaps but will scanned archives, image-linked or enhanced reports, image repositories for data mining or content based image retrieval or enterprise wide PACS image uploads be"compensated".  I think there will be some opportunities to have these services paid for to pathologists and laboratories but will require a tremendous amount of validation of the technologies and will not likely occur for many years to come, particularly if virtual colonoscopy is any indicator.


By Eric Barnes
AuntMinnie.com staff writer
May 12, 2009

The U.S. Centers for Medicare and Medicaid Services (CMS) today rejected a proposal to pay for virtual colonoscopy (also known as CT colonography or CTC) for routine colon cancer screening of Medicare patients in the U.S., saying that VC, while promising for detecting colorectal polyps and cancer, is "not yet ready for widespread screening use."

"The evidence is inadequate to conclude that CT colonography is an appropriate colorectal cancer screening test under §1861(pp)(1) of the Social Security Act. CT colonography for colorectal cancer screening remains noncovered," the May 12 memo states.

The decision comes as a blow to advocates of CTC, who held out hope that the agency would reverse its proposed February 11 decision to deny reimbursement for screening CTC based on the body of evidence presented to it since the analysis of CTC as a screening tool began last year.

Advocates for virtual colonoscopy were quick to criticize the decision.

"The news is obviously disappointing, but not unexpected, given the inseparable politics and purse strings involved," said Dr. Perry Pickhardt, associate professor of radiology at the University of Wisconsin in Madison. "In the end, CTC will ultimately prevail as a highly effective screening test -- it's simply too good to hold down for much longer."

Dr. James Thrall, chair of the American College of Radiology Board of Chancellors, was even more emphatic.

“Make no mistake: If it stands, this CMS decision not to pay for CT colonography will cost lives. More than 140,000 Americans are diagnosed with colorectal cancer each year. Nearly 50,000 of them die due to late detection. How can CMS ignore the fact that people are dying because they do not want to have the tests that are currently covered?” Thrall said in a statement to the American College of Radiology.

“For CMS to turn its back to a technology that can attract more patients to be screened and save countless lives is deeply concerning," he continued. "CMS should reverse this determination immediately, or Congress should step in and vote to mandate coverage of CTC."

"The decision is understandable in these tough economic times," said Dr. Judy Yee, professor and vice chair of radiology and biomedical imaging at the University of California, San Francisco. "The decision is unacceptable when considering the large body of scientific evidence clearly documenting that CTC has been proven to be as effective as colonoscopy for the detection of clinically significant polyps in adults."

While CMS states that the evidence is insufficient to conclude that CTC improves health outcomes, "the same can be stated for other colorectal cancer screening tests that are currently covered by CMS," Yee told AuntMinnie.com in an e-mail. "We know that colorectal cancer is preventable. We know that a very large percentage of the American public remains unscreened for colorectal cancer. A positive decision from CMS could have helped to change this."

Dr. Abraham Dachman, professor and chair of radiology at the University of Chicago, told AuntMinnie.com that VC utilization is inseparable from efforts to cut healthcare costs.

"CTC experts strongly believe that current data support use of screening CTC in the Medicare aged population as do a large bipartisan group of members of Congress who signed a letter urging CMS to approve coverage of CTC for screening," Dachman wrote in an e-mail. "Even as the nation discusses ways to reign in the cost of healthcare, CTC screening makes sense. Use of CTC for colorectal cancer screening is consistent with President Obama's push for prevention and use of new technology to benefit patients. The public and the medical community at large should work to get this decision reversed."

Radiologists should work to publish data focused on individuals ages 65 and older, he said, and third-party payors should encourage CTC use as radiologists continue to attend courses to ensure that CTC providers continue to offer high-quality services.

"The public and the medical community at large should work to get this decision reversed," Dachman wrote. ... I am confident that CTC will eventually achieve full reimbursement status."

Urgency of screening

Colorectal cancer is the third most commonly diagnosed cancer and the second most common cause of cancer deaths in the U.S. The U.S. Centers for Disease Control and Prevention (CDC) estimates that as many as 60% of deaths caused by colorectal cancer could be prevented if all Americans older than 50 years of age underwent regular screening.

The issue is particularly critical for older patients. Of the approximately 75 million Americans older than 50 who are eligible for colorectal cancer screening, fewer than 50% present for screening due to myriad factors that include, for some, a fear of invasive examination with a colonoscope, which virtual colonoscopy avoids.

Yet patient surveys also suggest that it is the purgative bowel preparation, generally required for virtual colonoscopy and always needed for conventional optical colonoscopy, that patients most dislike about colorectal cancer screening.

Some adults eligible for screening refuse to be examined with optical colonoscopy or cannot undergo the procedure due to contraindications. Virtual colonoscopy advocates believe that Medicare access to VC would improve screening compliance and reduce the death toll from colorectal cancer. Because 90% of colon cancers are diagnosed in people older than 50, they note, colorectal cancer screening is critical for Medicare recipients, who are denied the noninvasive screening option as a result of today's decision.

Private insurance more promising

Although national Medicare coverage may be off the table for now, VC has fared better among private payors. Twenty-six states already mandate that patients with private healthcare coverage are ensured access to virtual colonoscopy. Many regions also cover virtual colonoscopy exams under Medicare local coverage decisions.

Based on early results of the multicenter ACRIN 6664 trial that found equivalent sensitivities for virtual and optical colonoscopy exams, the American Cancer Society (ACS) added CTC to its five-year colon screening guidelines in March 2008.

Other ACS-approved screening exams include optical colonoscopy (every 10 years), flexible sigmoidoscopy (every five years), double contrast barium enema (every five years), annual guaiac fecal occult blood testing (gFOBT), annual fecal immunochemical testing (FIT), and stool DNA testing.

Of these, only virtual colonoscopy remains ineligible for Medicare reimbursement following today's decision. In addition to many physicians and public health advocates, Medicare coverage for CTC is supported by the American College of Radiology, the American Gastroenterological Association, and the U.S. Multisociety Task Force on Colorectal Cancer.

Detractors argue that the evidence remains insufficient to recommend VC screening as a cost-effective alternative to colonoscopy.

In March, the U.S. House of Representatives passed Congressional Resolution 60, calling for increased support for colorectal cancer screening for Americans ages 50 and older. Forty-two representatives also signed a letter to CMS expressing their concerns with CMS' proposed denial of coverage for routine screening with CTC.

The lobbying group CTC Coalition, which includes the Colon Cancer Alliance, the American College of Radiology, and the Medical Imaging and Technology Alliance, argued that Medicare coverage for VC screening would break down barriers to screening for the populations most at risk of the disease.

Observers of all persuasions have complained that a protracted tug-of-war between radiology and gastroenterology interests is more about who will make a living from colorectal cancer screening than the adequacy of CTC. For now, at least, the gastroenterology interests appear to have the upper hand.

Related Reading

Pressure builds on CMS to pay for VC, April 2, 2009

CMS rejects case for virtual colonoscopy reimbursement, February 12, 2009

MedCAC panel members question VC's effectiveness, November 25, 2008

CMS announces VC evidence meeting, September 26, 2008

April 28, 2009

Another innovation from Aperio - Press release

Global Digital Pathology Leader Further Expands Its Patents Portfolio Enabling New Forms of Image Query

Vista, CA – April 28, 2009 – Aperio Technologies, Inc., (Aperio), a global leader in digital pathology for the healthcare and life sciences industry, announced today that the United States Patent and Trademark Office has issued the company patent No. 7,502,519, covering systems and methods for image pattern recognition using vector quantization (VQ). This is Aperio’s second patent on the use of VQ for pattern recognition applications.

As pathology labs, hospitals, biopharma companies and educational institutions increasingly adopt digital pathology, they generate vast libraries of digital slides that play a critical role in disease management, medical research, and education. These libraries have historically been indexed for access with text-based labels such as tissue type, patient age, or primary diagnosis.

Now, Aperio’s VQ technology enables content-based image retrieval (CBIR) to allow pathologists and researchers to search libraries of digital slides using image data, and to efficiently retrieve similar images from a large image archive. The ability to search image archives using image regions of interest in addition to text-based searches represents a significant advancement in image query.

“Vector quantization is a breakthrough technology providing a novel way to perform content-based image retrieval,” said Dirk Soenksen, CEO of Aperio. “The image pattern recognition technology covered by this patent is unique in that it does not rely on prior knowledge of image-based features, but involves statistical comparisons to imagery data that exhibit characteristics of interest.”

In addition to providing an efficient way to search large libraries of digital slides for image regions that match a given image, vector quantization also allows searching for exceptions, such as regions of an image which are different from previously characterized images.

Web tracking of swine flu

Google maps, Twitter, RSS feeds, Web sites track spread of flu

April 27, 2009 | Bernie Monegain, Editor, Healthcare IT News

WASHINGTON – Technology of varying types is making it possible to track new cases of swine flu in close to real time.

The Centers for Disease Control and Prevention and the World Health Organization Web sites are posting up-to-the minute information about new cases and recommendations for the public and local and state officials on how to respond to the threat.

The CDC is tweeting updates at twitter.com/cdcemergency. The CDC and WHO are also providing data via an RSS feed, and the CDC is also offering podcasts.

In Mexico, reports indicate that more than 80 people may have died of the flu.

According to the most recent posting on the WHO's Web site Monday morning, the United States has reported 20 laboratory-confirmed human cases of swine influenza A/H1N1 (eight in New York, seven in California, two in Texas, two in Kansas and one in Ohio). All have had mild influenza-like illness, with only one requiring brief hospitalization. No deaths have been reported.

Google maps have pinpointed these cases as they are reported. Google announced last November it would employ its search engines to help the CDC track the flu.

Google queries, officials said, can be counted more quickly. They compared their aggregated queries against data provided by the CDC and found there is a close relationship between the frequency of the search queries and the number of people who are experiencing flu-like symptoms each week.
 
HealthMap aggregates news feeds from the WHO, Google News and elsewhere to map disease outbreaks around the world.  It also offers Twitter alerts on the latest swine flu news.

The CDC is working closely with officials in states where human cases of swine influenza A/H1N1 have been identified, as well as with health officials in Mexico, Canada and the WHO, according to a notice on the CDC Web site Monday. "This includes deploying staff domestically and internationally to provide guidance and technical support," the notice states. "CDC has activated its Emergency Operations Center to coordinate this investigation."

On Sunday, the Department of Health and Human Services declared a public health emergency in the United States. Officials called the measure "standard operating procedure that allowed them "to free up federal, state and local agencies and their resources for prevention and mitigation."

April 21, 2009

"Telemedicine" doctor gets 9 months in jail

A few months ago I mentioned a case involving a Colorado physician who prescribed medication over the Internet (see: Telemedicine and the Law) to a patient who later committed suicide.

That physican has now been sentenced to nine months in jail.  The story reports this case is "is one of the first criminal prosecutions of a practitioner of "telemedicine," the furnishing of medical advice by phone or the Internet, for failing to have a license in the patient's state." 

The physician's attorney remarked that "telemedicine is now dead" and goes on to say "no doctor in his or her right mind would now pursue telemedicine unless licensed in all 50 states." 

I couldn't disagree more.  The case seems to stem from the fact that the physician did not have a license in any state to write prescriptions, let alone to someone who clearly needed help and received the prescription after completing a questionnaire alone without an examination or direct contact.  The drugs were "ordered" by the patient through a website who relayed the order through a supplier to the physician convicted in this case. 

As I wrote in my previous note, "While we do not know all the facts of the above case, simply diagnosing and treating, or in our case, diagnosing and affecting potential treatment or management seems a stretch without knowing more than allegedly this physician did before prescribing treatment.  Whichever way this case goes, I presume we are going to see more like it but can help ourselves if we practice telemedicine much like we practice medicine."

I think this case speaks to the need for appropriate regulation, licensure and controls in place to ensure a patient-physician relationship so that practice of telemedicine is analagous to the practice of medicine. 



March 24, 2009

News items from CAP

Several newsworthy items in this recent mailing from CAP.

Of note, a couple items pertinent to digital pathology including dermatopathology survey, a pre-conference workshop at the upcoming Futurescape meeting on digital pathology and early announcements for CAP '09.

CAP Member Wins American Cancer Society’s Star of
Hope Award

Richard N. Eisen, MD, FCAP, was awarded the American Cancer Society’s Star of Hope award, which honors doctors who "demonstrate excellence in providing compassionate and skilled care for people facing cancer and their unyielding contribution in the cancer fight." The article illustrates how pathologists are an integral part of the medical team. The chief of oncology at Greenwich Hospital in Greenwich, Connecticut, said he’s worked with Dr. Eisen for 15 years and couldn’t image working without him at their hospital. Dr. Eisen’s recognition of his work is a great example of transformation of the specialty.
Read the full article

Revised Cancer Protocols—Coming Soon
Cancer protocols containing the 7th edition American Joint Committee on Cancer (AJCC)/International Union Against Cancer (UICC) cancer staging elements will be released by the CAP mid- to late- summer 2009. Let your IT staff know now to prepare for these upcoming changes.
Learn more about the Cancer Protocols

YOUR COLLEGE NEWS

CAP ’09 Abstracts Program — Deadline Is March 27, 2009
With the deadline fast approaching, consider submitting an abstract or case study. Submissions to the Abstracts Program will be accepted through Friday, March 27, 2009, at 11:59 PM. The CAP ’09 Abstracts Program is a competitive program that is designed to promote a broad range of research in pathology. The program provides a unique opportunity to enhance research skills and contribute to the literature and advancement of pathology. Everyone is encouraged to submit abstracts, and CAP Junior Members are eligible for cash awards for their presentations. Visit the CAP ’09 website for more information.

 New Addition to the CAP Transformation
Web Site

Don’t miss the latest pathologist story of
Dennis D. Reinke, MD, FCAP
, whose dedication to the specialty of pathology led him to receive the Pathologist Spotlight Award from the College.
Stay tuned for new photos and additions to the Real Story featuring Yvonne R. Hearn, MD, FCAP.

New Dermatopathology Survey
The CAP online digital slide program in dermatopathology offers valuable benefits to assess and improve your diagnostic abilities:

  • Two releases, each with five diagnostic challenges—earn 5.0 CME credits per year
  • Digital image technology, simulates the use of a microscope and allows scanning and magnification changes
  • Challenges are completed online, on your terms, when and where you want
  • Instant feedback—you’ll know immediately whether or not your diagnosis is correct
  • First release in June

Enroll in the Dermatopathology CAP Survey today. Call 800-323-4040
option 1.

Save the Date: Lab Week Is
April 19–25, 2009

National Medical Laboratory Professionals Week (April 19–25, 2009) is a special time set aside to recognize the important role that pathologists and other medical laboratory professionals play in treating patients. This year's theme is "Laboratory Professionals Get Results." Important information to help you promote National Medical Laboratory Professionals Week in your community and to your co–workers will be featured at the CAP website in April. Stay tuned to the CAP website for more information.

 

The CAP Foundation

Thinking about Digital Imaging for
Your Practice?

Attend the Digital Imaging Pre-Conference Workshop at Futurescape III—Transforming Pathology: Information as a Disruptive Technology, June 12–14 in Rosemont, Illinois. This hands-on experience will reveal how these systems can be used in your practice. For more information, contact Arlene Strong at 800-323-4040 ext. 7324.

New Pilot Program Available for Resident Research Grant Projects
A one-year pilot program created to provide financial resources for basic science and clinical research projects for residents and those in fellowships has been launched.
Learn more.

Call for Nominations Lansky Award for Leadership—Deadline:
May 1, 2009

Know a great candidate for the Lansky Award for Leadership? The CAP Foundation is currently accepting nominations.
Learn more.

Download the March NewsPath® Podcast and Article
Listen to the March NewsPath® podcast on "The Role of KRAS Mutation Testing in the Management of Colorectal Cancer," by special contributor, Mark D. Pool, MD, FCAP, and presented by CAP Spokesperson, Soon Bahrami, MD, FCAP. Both the article and podcast were based on the CAP POET report on the same topic. Share the information with your clinical colleagues during National Colorectal Cancer Awareness month in March.

Sign Up for CAP '09 and Take Advantage of the Early Bird Savings
Sign up now for CAP '09 – THE Pathologists' Meeting™, October 11–14 at the Gaylord National Resort in Washington, DC, and receive the best price guaranteed! Pay $899 and save 20% off the $1,125 global fee. No deposit required. Visit cap2009.org today and save!

PRACTICE MANAGEMENT

CMS Technical Problem with New PQRI Code
The Center for Medicare and Medicaid Services (CMS) has identified a technical problem with the new PQRI 2009 Physician Quality Reporting Initiative (PQRI) CPT II code. For pathologists, the PQRI code affected is 3250F, which non-primary site specimens for the Breast and Colorectal Cancer reporting measures. CMS carriers rejected these line items as unprocessable. More information is available on the CMS website.

View the New and Updated Practice Management Resources
The following is a list of new and updated practice management resources and each resource is listed by practice management topic area.

  • Compliance and Risk Management
    • CMS Fraud & Abuse Resource List — A four-page summary of Fraud & Abuse topics and available resources.
    • HIPAA Privacy Rule and Health Information Technology — guidance documents that discuss how the Privacy Rule can facilitate the electronic exchange of health information
    • Medicolegal Issues in Pathology
    • Liability and Payment Issues in the Selection of Pathology Assays
  • Human Resources
    • National Provider Identifier (NPI) — Apply or Update your NPI on the National Plan & Provider Enumeration System (NPPES)

Suite of SNOMED CT Courses Now Available in Self–Directed Format
SNOMED Terminology Solutions™ (STS™) now offers many of the popular, core SNOMED CT classes—SNOMED CT: An Introduction; SNOMED CT: Concept Model; SNOMED CT: Data Structure (Relational) Model, and SNOMED CT: An Introduction to Nursing Content in the new self–directed format. The new platform allows users a convenient way to learn about SNOMED CT at their own pace (or when their motivation is at its highest), without being tied to a scheduled time or place. It also gives students an economical option for learning, since it eliminates the traditional costs associated with travel and instructor expenses. To enroll in the self–directed courses, users should visit the STS online course catalog and create an account to register. STS also offers classroom sessions and Web teleconferences, and all education services can be customized.
Please note: The CAP Education activities will be unavailable March 14 through March 22 while the learning management system is upgraded. Please enroll after March 23, 2009.

SNOMED CT in Pathology and Cancer Work Registry Scheduled for May
The SNOMED CT in Pathology and Cancer Work Registry Web Teleconference will be offered 10:00–11:30 AM CST, May 18, 2009. This introductory 90–minute Web–based program will address SNOMED CT's structure and content coverage and its use in the surgical pathology cancer checklists as adapted from the College of American Pathologist's Cancer Protocols. The presenter also will review US government initiatives in biomedical informatics as related to SNOMED CT. For more information, call 800-323-4040 ext. 7700 or 847–832–7700, or contact snomedsolutions@cap.org.
Please note: The CAP Education activities will be unavailable March 14 through March 22 while the learning management system is upgraded.

RESIDENTS SECTION

Residents Forum Meeting in Boston–Resounding Success
Resident colleagues headed to Boston the weekend of March 6–7 to the Welcome Reception on Friday evening and for the all-day Saturday session. Transformation was a key theme. Visit CAP for Residents at the CAP website for the latest information.

SPOKESPERSONS NETWORK IN THE MEDIA AND
IN THE COMMUNITY

Pathologist Takes Steps to Keep Local Hospital Free from MRSA Infections
James R. Miller, MD, FCAP, is featured by the Salem Times Commoner Newspaper in Salem, Illinois, demonstrating a new technology, GeneXpert, which he is using to keep his local hospital free from MRSA infections. The article is a great example of how a pathologist is recognized for using technology to help transform the role of specialty in the media as well as in preventing the spread of MRSA.
Read the full article.

 

 

 

March 18, 2009

CMS Agrees to Suspend Implementation of Phase VIII MUE's Claims Payment

Courtesy of the American Pathology Foundation.  Good news for pathologists concerning reimbursement codes, particularly for the one most widely used for biopsies. 

APF NEWS ALERT!

CMS Agrees to Suspend Implementation
of Phase VIII MUE's Claims Payment
 
For Immediate Release                                                
March 17, 2009                                                                
 
 
 
On Friday, March 13, 2009, officials from CMS agreed to
temporarily APF logosuspend implementation of Phase VIII MUE's,
including those CPT codes of most interest and concern to pathologists--such as the 88305.  This decision followed a frank and fruitful meeting between representatives of the American Clinical Laboratory Association (ACLA) and the College of American Pathologists (Stephen Black-Shaffer, MD, Vice-Chair of the CAP's Economic Affairs Committee).
 
CMS agreed to schedule a follow-up discussion to better understand and address the concerns of pathologists and the clinical laboratory industry about the lack of transparency, among other things, with the current MUE review process.
 
Contact the APF National Office with any questions you have regarding this message:  info@apfconnect.org or 877-993-9935 

March 10, 2009

Obama reverses Bush's ban on federal funding for stem cell research

       The President has reversed a ban on federal funding for stem cell research, and it has received wide media coverage, with most reports -- including lead stories on two out of three network broadcasts -- casting the move as a significant step away from former President Bush's science policies. Typical of much of the coverage is an AP (3/9, Borenstein, Feller) story that reports, "Researchers said the new president's message was clear: Science, which once propelled men to the moon, again matters in American life." Along those lines, ABC World News (3/9, lead story, 2:20, Gibson) reported that, "in what could only be interpreted as a direct rebuke of...Bush," the President stated that "his Administration would make scientific decisions based on facts, not ideology. So saying, the President reversed eight years of Bush policy and cleared the way for a significant amount of federal dollars for embryonic stem cell research." Correspondent Jake Tapper explained, "Researchers will not get funding until July, after the Administration issues guidelines to prevent misuse and abuse." ABC News (3/10) also publishes this story on its website.

        CBS Evening News (3/9, lead story, 2:10, Couric) also led its broadcast with the story, also providing two other reports. NBC Nightly News (3/9, story 5, 2:35, Bazell) also covered the story.

        The New York Times (3/10, Stolberg) reports that Obama "paired his executive order" on stem cell research "with another document, a presidential memorandum directing the head of the White House Office of Science and Technology Policy to 'develop a strategy for restoring scientific integrity to government decision-making.'"

        In a front page story, the Washington Post (3/10, A1, Stein) reports, "The task of deciding what kinds of studies will be supported now falls to the National Institutes of Health, which finds itself confronting far more extensive questions than its officials were contemplating. It has 120 days to do the job." The Post adds, "Among other things, officials will have to decide whether to endorse studies on cells obtained from much more contentious sources, such as embryos created specifically for research or by means of cloning techniques."

        The San Francisco Chronicle (3/10, Tansey) notes that, "In addition to debates in Congress, another battleground could emerge at the National Institutes of Health as it decides how to distribute stem cell grant money." Questions to "be tackled by the NIH, [include] whether the agency can only fund studies of embryonic stem cells if they have been derived from surplus embryos at in-vitro fertilization clinics whose clients donate the extra embryos. The public will have a chance to comment on the regulations."

        The Los Angeles Times (3/10, James) notes that Obama said that "among the dangers...was the potential for the cloning of humans. But he said his administration would put strict rules in place to prevent such cloning." USA Today (3/9, Vergano) added that, according to "policy experts," Obama's "orders on science and stem cell research have a symbolic importance that's even greater than their impact on science."

        The Washington Times (3/10, Dinan) reports, "Declaring that the stem cell issue had moved past Mr. Bush's life-or-death morality, Mr. Obama said he is instead bowing to a different morality that respects majority opinion and puts the ethic of helping the living at the top."

        The Hill (3/10, Wilson), the Chicago Tribune (3/10, Kaplan), Bloomberg News (3/10, Chen, Runningen), McClatchy (3/10, Thomma), The Politico (3/10, Martin), US News & World Report (3/10), the Financial Times (3/10, Sevastopulo), BBC News (3/10), and AFP (3/10, Joshi) also cover the story.

        Op-ed, editorial state political questions not yet answered. Yuval Levin, a fellow at the Ethics and Public Policy Center who "was executive director of the President's Council on Bioethics from 2003 to 2005," writes in an op-ed in the Washington Post (3/10, A13), "What you think of his policy depends on what you think of the moral status of embryos. " Yet "the executive order Obama signed omits any mention of ethical debate. The entirety of the case it makes for itself is that 'advances over the past decade in this promising scientific field have been encouraging, leading to broad agreement in the scientific community that the research should be supported by Federal funds.' And while Obama promised that his policy would be bound by ethical guidelines, he left it to the scientists of the National Institutes of Health to define the rules. The issue, he suggested, is a matter of science, not politics." But "science policy is not just a matter of science."

        Meanwhile, the Washington Post (3/10, A12) editorializes, "The White House said that Mr. Obama doesn't want to prejudge the NIH guidelines but that this will not be the last we'll hear from Mr. Obama on this subject. We hope not. Some of these ethical questions need to be dealt with in the political arena, and not just by scientists."

        Obama accused of putting "his own spin" on science policy. Not all was praise for the President's decision. In a story titled "Obama Puts His Own Spin On Mix Of Science With Politics," the New York Times (3/10, A18, Stolberg) reports that Obama's directives "will not divorce science from politics, or strip ideology from presidential decisions. ... Bush's defenders see Mr. Obama as just imposing an ideology of his own. They say Mr. Bush did not ignore scientific facts; rather, he took the counsel of scientists and used it to make a policy determination that reflected his values, just as Mr. Obama is doing in lifting Mr. Bush's restrictions on stem cell research." Karl Rove said Monday, "Those who suggest that the Bush administration did not rigorously apply science are themselves ignoring the facts." Rove "called Mr. Obama's declaration on restoring scientific integrity 'simply hyperbole and hyperventilation.'" The Washington Post (3/10, Branigin, Stein) the New York Times (3/10, D1, Wade), the Wall Street Journal (3/10, Winslow, Naik), and the Los Angeles Times (3/10, Tankersley, Levey) also cover the story.

March 06, 2009

Appeal to withdraw proposed cytology PT regulation from CAP

CAP LogoAction Alert
From the College of American Pathologists


March 6, 2009

Your Action is Needed Today
CAP needs you to write the Centers for Medicare and Medicaid Services (CMS) today to withdraw the proposed Cytology Proficiency Testing (PT) regulation and allow alternatives to be considered. To assist you, a sample letter is available for use.

Also, instructions on how to send in your letter to CMS are provided in this communication.

Background

On January 16th, the Centers for Medicare and Medicaid Services (CMS) released a proposed regulation making changes to the current Federal Cytology PT requirements. The CAP has been supporting an alternative model based on H.R. 1237/S. 2510, the Cytology Proficiency Improvement Act of 2007. Unfortunately, CMS’ proposed rule only makes changes at the margins and leaves in place the same flawed and punitive proficiency testing model that is not scientifically or statistically sound and bears little resemblance to Pap test practice today. Bottom line: The changes proposed in the new rule still produce a program that can't effectively measure competency, increase quality or improve women’s health. A comparison of the major provisions of the proposed regulation and the current program is provided below.

  • Require testing every two years instead of annually.
  • Require a 20 slide, four hour test instead of a 10 slide, two hour test.
  • Allow for other test mediums (e.g. computer-based virtual slides) rather than only glass slides.
  • Redefine the scoring system for pathologists and cytotechnologists, while mandating that the pathologist must still achieve a higher score to “pass.”
  • Eliminate the current biopsy confirmation requirements for Category C (LSIL).
  • Mandate laboratory director testing oversight responsibilities not currently required.
  • Impose new regulatory requirements on the use of proctors for laboratory on-site testing.
  • Bring current regulatory language for Category A (Unsatisfactory) response into conformance with Bethesda 2001 Terminology criteria for “unsatisfactory for diagnosis.”
  • Increase the number of response Category D (HSIL or cancer) cytology challenges included in a test from one under the current program to at least two challenges in the proposed test.
  • Impose a new requirement that challenges are continuously field validated throughout use of a cytology challenge.
  • Impose a new regulatory requirement mandating that the appeals process be disseminated in writing.

Sending Your Letter To CMS

To send your letter to CMS, please log onto CMS’ website. CAP has prepared a sample comment letter for your consideration and submission to CMS. The letter is based on the following points:

  • CMS has the ability to consider alternatives to the proposed rule and develop a new proficiency testing model.
  • The current and proposed changes to the regulation provide a testing model that is statistically and scientifically unsound and can’t measure individual competency.
  • The current and proposed changes to the regulation cannot demonstrate improved patient outcomes.
  • Alternative testing models should be considered that tests skills as part of an educational curriculum that includes difficult, ambiguous cases that can keep pace with advances in medicine, complement CLIA quality measures and accreditation, as well as provide for continuous quality improvement.

Action Needed

  • Log onto the CMS comment website.
  • Enter all contact information.
  • Using the “attachment function” found at the bottom of the CMS web page, attach the grassroots letter provided.

or

  • Cut and paste your comments into the “general comments” text field provided on the CMS web page.
  • Submit your comments before the Friday, March 17th deadline!

Important

Please email Christopher Sherin when you have submitted your comments. We will then know which doctors have been active, so our lobbyists can follow-up on with CMS. This makes your work more effective, so please email your report.

 

March 05, 2009

From the College of American Pathologists (reposted with permission)

View and print the complete STATLINE
(http://www.cap.org/apps/docs/hints/index1.html)

Photo: Rep. Jim McGovern Tours UMass Memorial Medical Center
Andrew Fischer, MD, FCAP guides Rep. Jim McGovern (D-MA) through a slide demonstration during a Congressional lab tour Feb. 18 at UMass Memorial Medical Center in Worchester, MA.
Go to full story

Proposed Federal Budget Includes 630 Billion Dollars for
Healthcare Reform

President Obama’s proposed Federal budget sets aside a “reserve” fund of more than $630 billion over ten years that will be dedicated towards financing healthcare initiatives including reform of the physician pay system and the adoption of Health
Information Technology.
Go to full story

Technical Problem with Pathology Code for PQRI, CMS
Offers Solutions

A technical problem affecting 20 Physician Quality Reporting Initiative quality-data codes, including the breast and colon cancer code, has caused some carriers to reject submissions for the first three months of 2009.
Go to full story

Patient-Centered Medical Home Model Demonstrations Are Underway
The need to reform healthcare to improve the coordination and quality of medical care continues to be a top priority for legislators and regulatory agencies, and the concept of the Medical Home has been widely supported by medical organizations and members of Congress to address that need.
Go to full story

Kansas Governor Tapped for HHS Nomination, Former Clinton Advisor Named Health Czar
Gov. Kathleen Sebelius of Kansas was appointed by President Obama as the nominee for Secretary of Health and Human Services March 1, while former Clinton Administration advisor Nancy-Ann DeParle was named Health Czar.
Go to full story

Help Ensure Our Seat in the House of Medicine – Act Now!
Read a message from William V. Harrer, MD, FCAP, and CAP Delegate to the American Medical Association House of Delegates.
Go to full story

CAP Provides Testimony on Pathologists Role in Genomic Tests
for Patients

The College provided testimony to the Centers for Medicare and Medicaid Services’ Medicare Evidence Development & Coverage Advisory Committee Feb. 25 highlighting the role of pathologists in developing, delivering and interpreting genomic tests for patients.
Go to full story

Reminder: Scholarship Applications Now Available for CAP’s
2009 Advocacy School

Scholarship applications are now available for 2009 Advocacy School, which will be held May 4 - May 6 in Washington, DC.
Go to full story

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