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August 4, 2008

2008

August 4, 2008

House Passes FDA Tobacco Bill

Last week, the U.S. House of Representatives passed by an overwhelming majority (326-102) legislation granting the FDA authority to regulate tobacco products. This is an important victory in the fight against tobacco-related disease. The legislation grants the FDA the authority to:
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 Regulate the marketing and sales of tobacco, particularly to minors
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 Require public disclosure of tobacco product content
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 Regulate implied tobacco health claims
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 Require meaningful warnings
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 Ban "candy" and other tobacco flavoring

The legislation passed by the House will give the FDA authority to stop Big Tobacco from marketing deadly tobacco products to the children of America. The American Thoracic Society is proud to have been a strong partner in the efforts to move this legislation forward.

The ATS Washington Office organized membership phone and email campaigns and has several times flown in ATS members from the around the country to meet with members of Congress to express our strong support for this legislation. Members of the ATS Council of Chapter Representatives (CCR), Clinicians Advisory Committee (CAC) and Public Advisory Roundtable (PAR) joined the effort.

Attention now turns to the Senate. The ATS and the rest of the tobacco control community will focus efforts on getting the Senate to take up the FDA tobacco bill as soon as possible. While supporters of the bill are confident they have a majority of the votes in the Senate, it is unclear if they have the 60 votes needed to prevent a filibuster.

RESEARCH

House Provides Increase in VA Research Program

Last week, the House of Representatives provided a $500 million (+$20 million) for the VA research program in the FY09 Military Construction/VA appropriations bill. The increase is 4.2% above the FY08 level and $58 million above the level proposed by President Bush.


ATS Meets with NHLBI, NCI and AHRQ

Last week, the ATS leadership held a series of meetings with the National Heart, Lung and Blood Institute (NHLBI), the National Cancer Institute (NCI) and the Agency for Healthcare Quality and Research (AHQR) to advance ATS priorities with these agencies. ATS President Jo Rae Wright, Ph.D., President-Elect Randall Curtis, MD, Past President David Ingbar, MD, and Secretary-Treasurer Dean Schraufnagel, MD, met with NHLBI Director Betsy Nabel, MD, to discuss the progress of the institute's COPD awareness campaign, institute support for young investigators and global climate change. The ATS thanked Dr. Nabel for the COPD awareness campaign and encouraged her to expand the initiative. ATS leaders also requested enhanced integration and streamlining for young investigators transitioning between fellowships and research grants.

The leadership held a first-ever meeting with the Director of the AHRQ, Carolyn Clancy, MD, to discuss issues of collaboration on quality improvement and patient safety. During this meeting, the ATS stressed the need for research on hospital acquired conditions and invited the AHRQ to present a session at an upcoming ATS International Conference. Dr. Clancy responded that this and other collaborations with the ATS would be a priority.

ATS leaders also met with staff at the National Cancer institute to discuss our society's interest in research on lung cancer. During the meeting the ATS leaders stressed the need for improved prevention and detection of lung cancer as well as improved treatment tools. The leaders discussed the need for increased research on improved detection strategies using genetic markers and bio markers, chemo prevention and intervention strategies using bronchoscopic technology and better smoking cessation therapies.

Tuberculosis

President Signs HIV/AIDS, TB and Malaria Legislation into Law

On July 31, President Bush signed the global HIV/AIDS, TB and malaria legislation, known as PEPFAR, into law. The law reauthorizes the President's landmark program to expand detection, treatment and prevention of these diseases and provides $30 billion over five years for these efforts. The new law includes the ATS's priority global tuberculosis control legislation, the Stop TB Now Act. This measure expands the US Agency for International Development's (USAID) global TB control activities and provides $4 billion over 5 years for the program. Enactment of the Stop TB Now Act as part of PEPFAR is an important success for the ATS, which has led efforts on its advancement. The ATS Washington Office thanks all ATS members who contacted their members of Congress in support of the bill over the year and the sponsors of the legislation, Reps. Engel (D-NY) and Wilson (R-NM) and Boxer (D-CA) and Smith (R-OR) for their leadership.

Clinical Practice

CMS Releases Final HACS for 2009
CMS released the final list of hospital acquired conditions (HACs) for 2009. The policy outlines the list of conditions for which CMS will not make additional payment if associated complications are acquired in the hospital. The three new HACs announced by CMS are:

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 surgical site infections following certain elective procedures;
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 extreme blood sugar derangement; and
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 deep vein thrombosis or pulmonary embolism following total knee or hip replacement procedures

These three conditions will join the following list of HACs that started implementation in 2008:

1. pressure ulcer stages III and IV;
2. falls and trauma;
3. surgical site infection after bariatric surgery for obesity, certain orthopedic procedures, and bypass surgery (mediastinitis);
4. vascular-catheter associated infection;
5. catheter-associated urinary tract infection;
6. administration of incompatible blood;
7. air embolism; and
8. foreign object unintentionally retained after surgery.

CMS had initially proposed a much wider list of HACs for 2009, including a number of conditions that had direct impact on pulmonary and critical care patients. The proposed list of HACs included:

1. Legionnaires' Disease.
2. Extreme Glycemic Aberrancies.
3. Iatrogenic Pneumothorax
4. Delirium
5. Ventilator-Associated Pneumonia (VAP)
6. Deep Vein Thrombosis (DVT)/Pulmonary Embolism (PE)
7. Staphylococcus aureus Septicemia
8. Clostridium Difficile-Associated Diseases (CDAD)
9. Surgical Site Infections Following Specific Elective Surgeries

The ATS and sister organizations met with CMS to express our concerns with the proposed list of HACs and strongly suggested CMS significantly narrow the scope of the HACs. We are pleased that CMS listened to our concerns and significantly narrowed the HACs that impact pulmonary and critical care patients.

It is expected that CMS will continue to expand the list of HACs in future years and its is likely that many of the conditions proposed, but not adopted, for 2009 will again be considered in future years. The ATS will continue to monitor the CMS HAC policy and provide comment on how best to apply the policy to pulmonary and critical care patients.

CLEAN AIR

 

ATS Comments on EPA Lead Standard

In July, the American Medical Association and American Academy of Pediatrics joined the ATS in submitting comments to the Environmental Protection Agency (EPA) regarding the revised standard for airborne lead. The joint comments applauded EPA's proposal to issue a stricter standard for airborne lead and specifically recommended a standard of no higher than 0.2 ug/m3 over a 1-month period. The ATS comments also discussed at length the merits of adopting particulate matter (PM) monitors to track lead emissions. EPA currently uses total suspension particle monitoring devices to track lead emission, but is considering adopting PM monitors for lead. The ATS supports the adoption of PM monitors for lead and in our comments outline some of the advantages of the PM monitors.


Points of Contact

Gary Ewart Senior Director, Government Relations
Nuala Moore Senior Legislative Representative
Joe Kirby DC Office Administrator