American Society for Clinical Pathology
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May 1, 2008

Congress

ASCP Advocates Advance Laboratory Agenda

Urge Capitol Hill Lawmakers to Act on Issues Affecting Lab Medicine

In a display of strength for the laboratory community, members of ASCP’s Commissions on Public Policy (CPP) and Membership as well as the Institute Advisory Committee participated in the Society’s second annual Capitol Hill Day Tuesday, April 29, 2008. ASCP members conducted more than 60 Congressional visits in both the House and Senate. Society advocates came from across the country to represent ASCP and the laboratory field. Delegations represented California, Colorado, Massachusetts, Maryland and Michigan. In addition, individual representatives from the states of Alabama, Florida, Illinois, Nevada, Oregon, Pennsylvania, South Carolina, Utah and Virginia rounded out the laboratory team here to educate lawmakers on the needs of the laboratory community.

The Congressional meetings provided an opportunity to speak with key, high level staffers and members of Congress. For example, ASCP President Lee H. Hilborne, MD, MPH, DLM(ASCP)CM, FASCP, FCAP, along with Phyllis Walker, MS, MT(ASCP)SBB and Henry Lee, MT(ASCP)DLM, CPHQ, all from California, had meetings in the offices of Speaker of the House Nancy Pelosi, Representative Henry Waxman, and Senators Barbara Boxer and Diane Feinstein.

Moreover, ASCP President-Elect Barbara McKenna, MD, FASCP, and fellow Michigan pathologist William Finn, MD, FASCP, enjoyed an in-person meeting with Michigan Senator Debbie Stabenow, who is spearheading efforts in the Senate to correct the physician fee schedule. Having visited Congressional offices last year, Dr. McKenna iterated that such an experience proved that individual constituents and the ASCP can serve as a voice for the entire laboratory team and can be heard on important issues.

Participants raised the following issues with lawmakers: competitive bidding for laboratory services under Medicare, the laboratory personnel workforce shortage, the President’s Emergency Plan for AIDS Relief (PEPFAR), and the Sustainable Growth Rate (SGR). ASCP representatives delivered four specific messages:

  • Repeal the Centers for Medicare & Medicaid Services (CMS) demonstration project to test competitive bidding for laboratory services under Medicare. The demonstration project is on hold as a result of a preliminary injunction issued by a California District Court Judge, after four San Diego laboratories filed suit against the government seeking to halt the implementation of the demo in that area. Despite the hold, advocates continued to ask Congress to intervene and repeal the demo project. Download Competitive Bidding Fact Sheet (PDF)
  • Restore funding for Title VII to help meet the growing demand for allied health professionals. The specific goal was to restore funding to its 2005 level of $300 million. ASCP has long maintained that the growing shortage of laboratory personnel may create a disconnect between the current and future needs of patients and the ability of laboratories to provide laboratory services. Senators were specifically asked to cosponsor S. 605, the Allied Health Reinvestment Act. Download Hilborne's Testimony (PDF) and Laboratory Personnel Shortage (PDF)
  • Thanks to members of the House for passing funding (H.R. 5501) for PEPFAR, which provides aid in the areas of HIV/AIDS, tuberculosis and malaria. ASCP representitives also urged the Senate to pass S. 2731. ASCP’s work in Africa on behalf of PEPFAR has become a passion for many of the Society’s members. For Marian J. Cavagnaro, MS, MT(ASCP)DLM a meeting in Rep. Alcee Hastings’ office turned into an hour-long exchange, as the staffer who met with Cavagnaro was from Ghana and was riveted by ASCP’s work abroad. Download PEPFAR Fact Sheet (PDF)
  • Fix the Sustainable Growth Rate (SGR). Specifically, ASCP advocates asked legislators to support S. 2785, the Save Medicare Act of 2008, introduced by Senator Debbie Stabenow, which would end the continued cuts being made to the Physician Fee Schedule. Download SGR Fact Sheet (PDF)

The day of meetings on Capitol Hill proved to be an opportunity for all to discuss health policy and to put that into practice by advocating for issues that impact the practice of laboratory medicine. ASCP’s Washington Office will follow up with the legislative offices who met with ASCP members last month and will continue to reach out to other Congressional offices in an effort to advance legislative efforts to better the profession.

Senate Passes the Genetic Information Nondiscrimination Act

Last month, the Senate passed the Genetic Information Nondiscrimination Act (GINA, S.358) a landmark bill offering protections for Americans from genetic discrimination by employers and insurance companies, by a vote of 95-0. GINA has passed both houses of Congress more than once with broad margins over the past 10 years, but never in the same session. This time, GINA is expected to pass the House with unanimous consent and finally be signed into law.

Sponsors of GINA hope the bill will diminish public apprehension about participating in genetic studies. Well over 1000 genetic tests are now available and can be used to diagnose and treat thousands of health conditions. Fear of discrimination on the basis of genetic information has led many individuals to shy away from genetic testing that could greatly benefit their health. This apprehension has also caused significant delays in the development of beneficial treatments and medications as researchers faced difficulty recruiting patients for clinical trials.

GINA prevents group health plans and issuers of Medigap policies from basing eligibility determinations or adjusting premiums on the basis of genetic information. Likewise, the bill prohibits employers from refusing to hire, fire, or base compensation, terms, conditions or privileges of employment on an individual’s genetic profile. The bill also makes it unlawful for insurers and employers to disclose genetic information or request, require or purchase the results of genetic tests.

ASCP signed onto a letter of support for GINA that went to both houses of Congress and was organized by the Genetic Alliance, a coalition of more than 600 organizations that collectively advocates for 25 million people affected by 1000 conditions.

The White House has indicated its willingness to sign GINA into law once it is finally approved by Congress.

Federal

ASCP Comments on HPV Test Utilization Study by CDC

On behalf of ASCP, President Lee H. Hilborne, MD, MPH, DLM(ASCP)CM, FASCP, FCAP, has submitted a letter of support to the Centers for Disease Control and Prevention (CDC) for the proposed National Center for Chronic Disease Prevention and Health Promotion Cervical Cancer Study. The project seeks to determine the feasibility, acceptability, and possible barriers of using the human papillomavirus (HPV) test in conjunction with the PAP test for women over 30 as part of the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) in order to better utilize program resources by extending the screening interval of women who are cytology negative and HPV test negative.

In his letter, Hilborne applauded the NBCCEDP for their efforts to prevent cervical cancer among women not covered by Medicaid and offered ASCP’s support for the objectives of the study. The study seeks to gather data essential for the development of a more effective screening program for the nation’s women who are at greatest risk for developing cervical cancer. ASCP is hopeful that the study will also serve to inform national cervical cancer screening policies and better educate the medical community. Download Comment Letter (PDF)

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