Senate committee leaders strike deal on Medicare nominee

Senate Finance Committee Chairman Chuck Grassley, R-Iowa, and ranking member Max Baucus, D-Mont., have an agreement to approve the nomination of Food and Drug Administration Commissioner Mark McClellan to head the Centers for Medicare and Medicaid Services in the Health and Human Services Department, according to a Senate leadership aide.

Under the agreement, the committee will meet Monday for a nomination hearing and then vote by Tuesday, according to the aide. That will pave the way for a Senate floor vote before the chamber breaks for a one-week March recess at the end of next week, he said.

But McClellan, who enjoys good relationships with lawmakers on both sides of the aisle, still may face difficulty on the Senate floor, where at least three senators may seek to delay his confirmation. They are angered by McClellan's opposition to the "reimportation" of prescription drugs from Canada and other countries where drug prices are lower.

Senate Commerce Committee Chairman John McCain, R-Ariz., and Sens. Byron Dorgan, D-N.D., and Debbie Stabenow, D-Mich., say they want to hear a fuller explanation of why McClellan opposes reimportation.

McClellan previously has said the United States cannot guarantee the safety and efficacy of drugs from foreign pharmacies, particularly those offering services over the Internet. Previous FDA commissioners have also taken that position, but increasing drug costs and sharp criticism from Democrats have made the issue more prominent.

When someone walks into a drugstore in Canada and purchases drugs there "you can be assured that those drugs are safe and effective," McClellan said in a speech last week. But his position is that the same cannot be said for storefront or Internet sites set up primarily to serve the U.S. market. "We cannot certify the safety of these imports when every time we look, we find significant safety problems," he said.

McClellan's confirmation hearing was scheduled for Friday, but under the agreement reached by Grassley and Baucus, the Finance Committee will hear his testimony Monday instead.