U.S. Transportation Secretary Ray LaHood announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers. FMCSA's new HOS final rule reduces the maximum number of hours a truck driver can work within a seven-day period by 12 hours. Under the new rule, a driver's work week is limited to 70 hours. In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. The rule also requires truck drivers who maximize their weekly work hours to take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m.

The Federal Aviation Administration (FAA) recently announced a final rule that overhauls commercial passenger airline pilot scheduling to ensure pilots have a longer opportunity for rest. The final rule includes varying flight and duty requirements based on what time the pilot's day begins, establishment of a "flight duty period", flight time limits of eight or nine hours, a 10-hour minimum rest period, cumulative flight duty and flight time limits and a congress-mandated fatigue risk management system (FRMP). An FRMP provides education for pilots and airlines to help address the effects of fatigue which can be caused by overwork, commuting, or other activities. Required training updates every two years will include fatigue mitigation measures, sleep fundamentals, the potential effects of commuting and the impact to a pilot’s performance.

Last week, the President signed a measure which provides a two-month extension that delays a 27% cut to physician Medicare reimbursement rates. The measure cleared the Democratic-controlled Senate and the Republican-controlled House of Representatives by unanimous consent, a procedural move allowing the measure to pass even though most members of Congress are home for the holiday recess. Among other things, the measure also includes a two-month extension of the payroll tax cut and emergency federal unemployment benefits.

Over the past few months, this issue has been fiercely debated in Congress. The AASM has actively followed this debate and encouraged members to speak out. The AASM sent multiple Special Updates to members about the status of the issue, with directions on how members can contact their Representative and a template letter to inform Representatives of the dire consequences if the cuts were enacted. House and Senate members will resume negotiations on a year-long extension of the “doc fix”, payroll tax and unemployment benefits when Congress reconvenes in January. AASM plans to keep members updated and will again provide information members can use to take action.

The Supreme Court announced its schedule for oral arguments to determine the constitutionality of the federal health reform law. The court will devote a total of five-and-a-half hours to the case from March 26 to March 28, 2012. The court will hear aguments addressing such aspects of the law as the Anti-Injuction Act, the individual mandate and the issue of severability. A ruling could be issued in June.

U.S. health care industry spending, price inflation and employment growth are trending downward, according to the December Health Sector Economic Indicators briefs released last week by the Altarum Institute's Center for Sustainable Health Spending. According to the briefs, total health care spending growth in October fell to 5%, from 5.2% in September because of reductions in hospital, physician services and nursing home spending. Health care spending as a share of the total economy, which is currently at 18.1%, shows signs of dropping to around 18% from its all-time high of 18.2% in June 2011.

House Republicans submitted a plan extending a $1,000 payroll tax break -- set to expire at the end of 2011 -- that includes a two-year "doc fix" to stave off scheduled cuts to Medicare physician reimbursement rates. The GOP plan includes a 1% increase for reimbursement rates over the next two years. The plan would pay for the $38 billion fix in part by limiting Medicare benefits for high-income beneficiaries. It also would offset the cost by redirecting funding from the federal health reform law that was intended for prevention and public health services. Also, CMS could briefly delay the impending Medicare physician payment rate cut if Congress appears to be on pace to reach an agreement on a doc fix before January 1. CMS previously has held physician payments for a brief period while lawmakers finalized deals to delay rate cuts.

Donald M. Berwick, MD, is resigning as Administrator for the Centers for Medicare & Medicaid Services (CMS), effective December 2, the Washington Post reports. The Obama administration has nominated Marilyn Tavenner, CMS' principal deputy administrator, to replace him. Dr. Berwick has occupied the post since July 2010 as a "recess appointment" by President Obama. As a recess appointee, Dr. Berwick had all the powers of a permanent appointee but could serve only until the end of 2011.

Last week, the U.S. House of Representatives passed H.R. 674, that prevents a planned 3 percent tax-withhold for many Medicare payments, by a vote of 422-0. The Senate passed this legislation on November 10 by a vote of 95 to 0. The statute, originally passed in 2006 and delayed several times, called for all federal, state, and local government payments to those providing services or goods to have 3 percent of their payment withheld until the following tax year in an effort to increase tax compliance. However, the original statute was overly broad and would have applied even to Medicare payments made to physicians. The legislation, now headed to President Obama for his expected signature, repeals this provision of law and eliminates the planned withholding.