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A Weekly Publication of the Department of Government Relations  Week of November 2, 2009 
In This Issue
RushNotes Special Edition
Update on the SGR
APA Files Comments on VA's PTSD Stressor Determination Proposed Rule
House Approves Exemption From FTC "Red Flag" Rules for Smaller Firms
Ryan White AIDS Program Reauthorized

Quick Links
 
APAPAC Events
 
11/2 - 9:00 a.m. - Rep. Steve Buyer (R-IN)
 
11/3 - 9:30 a.m. - candidate Joe Heck, M.D. (R-NV) Meet & Greet
 
11/4 - 8:00 a.m. - Rep. Susan Davis (D-CA)

DGR Telephone: 

703-907-7800
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The APA Department of Government Relations is now on Twitter! Now you can find out about APA Advocacy activities, Congressional hearings, mark-ups, and floor votes in real time.

Please click on the following link to start following APA Advocacy Twitter:
http://twitter.com/apa_
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Questions about the Twitter page or how to set up an account? Please contact Kate McAllister or Jason Pray at advocacy@psych.org.
RushNotes Special Edition 
Next week, DGR will send out a Special Edition of RushNotes on the House Health Reform Bill.
Update on the SGR
On October 21, the Senate failed to muster the 60 votes needed to allow consideration of S. 1776, legislation to permanently fix the flawed Medicare Sustainable Growth Rate (SGR). As you know, SGR causes the increasingly large reductions in the Medicare payment update for physicians and other health professionals (projected at 21 percent for 2010). The vote on cloture was 47 YES to 53 NO. Twelve Democrats joined with 40 Republicans and 1 Independent to defeat the cloture motion, thus blocking action on S. 1776. No Republicans voted YES. As you know, APA joined AMA and most medical specialties to lobby for a YES vote on cloture and passage of the bill itself. While this vote is unfortunate and complicates efforts to find a permanent solution to fix SGR, we are working to ensure that the Senate health reform bill will include at least a one-year postponement of the cut, along with a 0.5 percent positive update. Prior to the vote, Senate Majority Leader Harry Reid (D-NV) pledged to find a way to permanently fix SGR this year. If you would like to see how your Senators voted, please use the link below: 
 
 
Thanks to all APA members who took the time to call your respective Senators on this important vote. DGR staff will keep you posted on this and other related health reform issues. As always, please feel free to contact us at
advocacy@psych.org.
APA Files Comments on VA's PTSD Stressor Determination Proposed Rule
On October 23, APA filed comments on the Department of Veterans' Affairs proposed rule regarding stressor determinations for posttraumatic stress disorder (PTSD).  The proposed rule is intended to liberalize the evidentiary standard for determining if a veteran has sustained an in-service stressor resulting in PTSD.  The rule is also designed to account for the most current research related to PTSD and acknowledge the inherently stressful nature of serving in an area with hostile military and terrorist activities.  APA is very pleased that the VA is taking these steps to modernize their approach to PTSD determinations, however, APA also expressed concerns that the rule only allows for examinations made by a VA (or VA-contracted) psychiatrist or psychologist.  As stated in our comments, this policy runs contrary to VA statute, which states that all medical evidence should be considered, and also will result in additional delays and burdens on the physicians and the veterans.  APA urged the VA to revise this requirement in any final rule which is released.  You can access APA's full comments through the link below.
 
House Approves Exemption From FTC "Red Flag" Rules for Smaller Firms
On October 20, the House passed legislation that would exempt certain small businesses from the Federal Trade Commission's (FTC) identity theft regulations.  The bill (H.R. 3763), which passed 400 to 0, would address the reach of regulations required under a 2003 law known as the Fair and Accurate Credit Transactions Act which directs FTC to require a broadly defined mix of "creditors" to implement identity theft prevention programs. H.R. 3763, introduced by Rep. John Adler (D-NJ), would exclude health care, accounting, and legal practices with 20 or fewer employees from the creditor category.  It also would authorize FTC to create a process through which other businesses could apply for an exemption. APA has joined AMA and many other medical specialties in opposing the regulation as it applies to physician practices.
Ryan White AIDS Program Reauthorized 
The House cleared legislation to extend the Ryan White HIV/AIDS program, which provides health care and other assistance to low-income AIDS and HIV patients. The bill (S. 1793), which passed 408 to 9, would reauthorize the program through fiscal 2013. It is currently scheduled to expire on October 30. The Senate already passed the measure by voice vote and President Obama is expected to sign the measure shortly as the White House issued a statement of administration policy in support of the legislation on October 19. The measure would authorize $2.35 billion to fund medication, health care and support services in fiscal 2010, with slight increases (5 percent) each year through fiscal 2013, reaching an authorization level of $2.7 billion. In a change from previous legislation, the bill would remove a "sunset" provision, which repealed the law on a set date. The bill had bipartisan support from its inception.