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Arthritis Legislation Reintroduced

Advocates are applauding the reintroduction of the “Arthritis Prevention, Control, and Cure Act of 2007” (S. 626 and H.R. 1283), which would expand investments in prevention, diagnosis, and treatment research. The bill was introduced in the last Congress but remained stalled in committee. Sponsored by Sen. Edward Kennedy (D-Mass.) and Rep. Anna Eshoo (D-Calif.), the proposed legislation would increase research and surveillance activities related to juvenile arthritis, and would address the shortage of pediatric rheumatologists by increasing training grants and establishing a loan repayment program. The bill's scope reflects new statistics from the Centers for Disease Control and Prevention, according to Dave Zook, interim chief public policy officer at the Arthritis Foundation. The CDC estimates that arthritis and other rheumatic conditions cost the U.S. economy approximately $128 billion in 2003.

CMS Extends Form Deadline

The Centers for Medicare and Medicaid Services has extended the deadline for filing Medicare claims using its new version of claims form CMS-1500, because of formatting errors on the revised form, CMS announced. The original deadline for switching to the new form—known as CMS-1500 (08/05)—originally was April 2. But CMS said last month that contractors have been directed to continue to accept the old form until the agency notifies them to stop. Additionally, the agency advised physicians who must use the form to use legacy provider numbers, as the form cannot accommodate a National Provider Identifier (NPI) number.

New Imaging-Cut Moratorium

Several members of Congress introduced legislation last month to place a 2-year moratorium on cuts to Medicare payments for medical imaging that went into effect this year. The bill also requires a Government Accountability Office study of patient access to imaging. The bill (H.R. 1293) was introduced by Reps. Carolyn McCarthy (D-N.Y.), Gene Green (D-Tex.), and Joseph Pitts (R-Penn.), and had 49 cosponsors at press time. Rep. Pitts sponsored similar legislation in the last Congress; the cuts were mandated as part of the Deficit Reduction Act of 2005. A Senate companion bill is expected soon. Under the DRA, payments for the technical component of an imaging service are to be set at the hospital outpatient-department rate, if the payment under the Medicare physician fee schedule is higher. The Access to Medical Imaging Coalition said that a new report by the Moran Co. shows that the DRA mandate means physicians face reimbursement that's 18%–19% below that for outpatient departments. “The fact is, the DRA has decimated the imaging payments received by cardiologists, radiologists, and other providers,” said Tim Trysla, executive director of the coalition.

Damage Award in Vioxx Case

Merck & Co. was assessed $47.5 million in compensatory and punitive damages in the latest Vioxx-related court case. A New Jersey jury sided with the plaintiff and determined that Merck had failed to give an adequate warning to physicians about the increased risk of heart attacks from Vioxx prior to September 2001. The plaintiff, Frederick Humeston, alleged that he suffered a heart attack in 2001 as a result of using Vioxx. Merck plans to appeal the verdict. “We believe that the punitive damages assessed today by the jury are uncalled for because Merck acted appropriately in providing information to the medical, scientific, and regulatory communities in a responsible and appropriate manner,” Kenneth C. Frazier, Merck senior vice president and general counsel, said in a statement. Mr. Humeston originally lost his case against Merck; the setting aside of that verdict last year precipitated this latest court battle.

Bill Targets Psoriatic Arthritis

New legislation introduced in the U.S. House aims to expand research into psoriatic arthritis and psoriasis. The legislation (H.R. 1188), “The Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2007,” would widen the scope of research performed by the National Institutes of Health. The bill calls for establishing a national psoriatic arthritis and psoriasis patient registry under CDC direction. If passed, the legislation would also create a federal summit to discuss research opportunities in psoriasis and psoriatic arthritis and direct the Institute of Medicine to issue a report evaluating insurance coverage for psoriasis treatments. “This is the first time psoriasis will be recognized through legislation,” Sheila Rittenberg, director of advocacy for the National Psoriasis Foundation, said in a statement. “Psoriasis research is lagging and treatment options are improving but still often do not meet patients' needs. This bill lays out a plan which will pave the way to a cure.”

FDA to Study DTC Risk Data

Saying that it has become more concerned about how much risk information is disclosed to consumers in print ads, and that the information is not usually in a consumer-friendly format, the Food and Drug Administration announced that it will study how to better present those data. One study will look at whether giving consumers more context—instead of a list of risks, for instance—will aid their understanding of a product's potential downside. Another will look at the usefulness of several different formats for presenting the data. FDA is accepting comments on the proposed testing until mid-April.

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