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Category: Health/Medical

Judge: Federal Government Cannot Fund Embryonic Stem Cell Research

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On Tuesday, Federal District Court Judge Royce C. Lamberth issued a preliminary injunction which prohibits the federal government from funding any and all human embryonic stem cell research citing a pending lawsuit that contends that embryonic stem cell research violates the so called Dickey-Wicker provision. The Dickey-Wicker provision bars funding for “research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero research”.

NIH Director Francis Collins provided details of the impact of the ruling, based on an interpretation by the Department of Justice. According to Dr. Collins, ongoing research (totaling around $131 million) that has already been funded will continue, undisrupted, until it reaches the point of renewal. Projects that are in review, even if they have been scored, or that are up for renewal, will be halted immediately, and applications will no longer be reviewed. NIH has also ceased reviewing applications for new embryonic stem cells lines. It remains unclear whether no-cost extensions of existing ESC projects would be allowed.

In addition to the problem presented by Dickey-Wicker, AAU is concerned about the findings related to the competitive status of the two adult stem cell researchers serving as plaintiffs in this case. The researchers were granted standing on the basis that they must compete for funds with ESC researchers. Judge Lamberth’s ruling goes a step further by declaring that these researchers suffer irreparable harm due to this competition. (He also determined that blocking federal funding would not do irreparable harm to ESC researchers.) This could have far-reaching – although not immediate – implications for all federally-funded peer-reviewed research, as it could effectively empower any researcher to sue a research agency over “unfair competition”.

Read the entire decision made by the Court

Murray Amendment Advances Crucial State Funding

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The Senate today passed a crucial amendment that will help states avoid education job losses, and provides desperately needed Federal Medical Assistance Percentage (FMAP) payments to states . The FMAP/Teacher Jobs Bill passed the senate on a vote of 61-39 and will now be sent to the House where most expect it to pass and then sent to the President for his signature. The Amendment, which was attached to the Aviation Safety and Investment Act of 2010, will send more than $26 billion in aid to states and its costs are fully offset, largely due to spending reductions made in other areas. Patty Murray, was a driving force behind this bill and worked to achieve a solution that would draw bipartisan support.

The legislation provides $16.1 billion for FMAP, and will keep the level of federal Medicaid assistance (which was increased by a minimum of 6.2% in the Recovery Act) consistent for the next 6 months and then gradually decrease the contribution level for the following 6 months. The amendment will also provide $10 billion for additional support to local school districts to prevent imminent layoffs. Nationwide it is estimated that this fund will help to save the jobs of nearly 140,000 educators.

If the legislation passes the House, the State of Washington would realize approximately $546.3 million in FMAP funds. The bill will also prevent the layoffs of up to 3,000 teachers within our state and allow the State legislature to avoid conducting a costly special session. In the words of Senator Murray, “This amendment will allow Washington State to avoid layoffs, service cuts, or tax increases—and it will make sure our children don’t walk through the schoolhouse doors this September to larger class sizes and fewer subjects”.

In an uncommon move, House Speaker Nancy Pelosi called the House back from its August recess to vote on the measure. They are expected to take up the issue next Tuesday the 10th.

Senate Fails to Pass Extenders for the Third Time

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On Thursday, Senate Democrats failed for a third time to pass a jobs and economic relief bill (tax extenders bill).  Republicans rejected the $100 billion-plus package, which included payments to states to cover for Medicaid costs and an extension of unemployment benefits.  This latest version of the bill reduced the original $24 billion in new state assistance for Federal Medical Assistance Percentages (FMAP) to just $16 billion and also included a phase out of payments altogether. The smaller FMAP payments were also fully paid for with offsets.  Unfortunately, that was not enough to attract the 60 votes necessary and the measure failed 57-41.  Both Senators Murray and Cantwell supported the measure.

Individual portions of the bill may be revived, especially given the almost 1.2 million unemployed workers who are currently living without unemployment benefits.  The FMAP payments are also critical to roughly 29 states – including Washington State – as they have all included these anticipated funds in their current budgets. Senate Majority Leader Harry Reid (D-NV) has expressed great frustration with yet another failure to pass this measure and announced he would pull the bill from the floor and turn to other legislation. 

The Senate will go home at the end of next week for the July Fourth recess period.  When they return, it is expected that they will focus their debate on energy policy, including legislation related to off-shore oil drilling. They will break again on August 6th for a 5-week period.  Unless there is a major breakthrough with those opposed to the bill, Reid seems prepared to wait until after Labor Day before trying again on the extenders bill.

HHS to Establish Consumer Information Office

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The April 19th Federal Register announced that the U.S. Department of Health and Human Services will establish an Office of Consumer Information and Insurance Oversight to implement provisions of the health care reform law that deal with private health insurance. According to the notice, the new office will be under the HHS secretary and include separate offices to address oversight, insurance programs, consumer support and health insurance exchanges.