Hart Health Strategies

Post-Election Expectations-Congress returns on November 12 to a lengthy list of action items, including funding the government beyond December 20^th and extending other expiring programs/authorizations. Expectations are low, however, as this Congress has been especially unproductive. As of the end of October, 106 bills have been signed into law during the 118th Congress, which is significantly fewer than other sessions in recent memory. In fact, every Congress over the past 30 years has seen at least 284 bills passed and signed into law, with an average of 401.5 new laws per Congress (not including the 118th Congress). A breakdown of the past fifteen meetings of Congress is below:

• 118th Congress (2023-2024): 106 (as of 11/3/2024)
• 117th Congress (2021-2022): 365
• 116th Congress (2019-2020): 344
• 115th Congress (2017-2018): 443
• 114th Congress (2015-2016): 329
• 113th Congress (2013-2014): 296
• 112th Congress (2011-2012): 284
• 111th Congress (2009-2010): 385
• 110th Congress (2007-2008): 460
• 109th Congress (2005-2006): 483
• 108th Congress (2003-2004): 504
• 107th Congress (2001-2002): 383
• 106th Congress (1999-2000): 604
• 105th Congress (1997-1998): 404
• 104th Congress (1995-1996): 337

 

 

House Members Introduce Bipartisan Doc Fix Legislation-A bipartisan group of House lawmakers have introduced legislation to avert the cut to the Medicare physician fee schedule (PFS) set to go into effect on January 1, 2025. The Medicare Patient Access and Practice Stabilization Act (H.R.10073) was introduced by Reps. Greg Murphy, MD (R-N.C.) and Jimmy Panetta (D-Calif.) alongside physician representatives Mariannette Miller-Meeks, MD (R-Iowa), Ami Bera, MD (D-Calif.), Larry Bucshon, MD (R-Ind.), Raul Ruiz, MD (D-Calif.), John Joyce, MD (R-Pa.), and Kim Schrier, MD (D-Wash.). The legislation would provide a 4.73% payment update in 2025 to address the 2.83% PFS conversion factor (CF) cut and provide an additional update in an attempt to account for the cost of inflation. The 4.73% increase would expire at the end of 2025. The Centers for Medicare and Medicaid Services (CMS) released the calendar year (CY) 2025 Medicare Physician Fee Schedule final rule on Friday. The regulation finalizes a CY 2025 CF of $32.3465, which reflects a 2.83% reduction relative to the 2024 conversion factor.

 

 

Democrats Urge CMS to Use Enforcement Authority Over MA Plans-Democratic leadership of the Senate Finance Committee and the House Ways and Means and Energy and Commerce committees have sent a letter to CMS outlining their ongoing concerns with Medicare Advantage (MA) plans’ use of prior authorization, deceptive marketing practices, and broker compensation structures. The lawmakers highlight the “many instances MA plans are failing to deliver, compromising timely access to care and undermining the ability of seniors and Americans with disabilities to purchase the coverage that’s right for them.” They call on CMS “to use every regulatory, oversight, and enforcement tool at the agency’s disposal to rein in rampant misuse of prior authorization, simplify the experience of choosing a Medicare plan, and put an end to rampant marketing abuses.”

 

 

Hassan, Cassidy Release Site-Neutral Legislative Framework-Sens. Maggie Hassan (D-N.H.) and Bill Cassidy (R-La.) have released a legislative framework to establish site-neutral payments in off-campus hospital outpatient departments and for common outpatient services. The draft proposes to eliminate the grandfathering exception including in the Bipartisan Budget Act of 2015, extending site-neutral payment policy to all hospital-owned sites of care away from the hospital’s main campus. The framework would also install a single reimbursement rate for common outpatient services according to the site where the procedure is most commonly performed. The savings produced from such changes would be used to reinvest in rural and safety net hospitals.

 

 

Warren Comments on Oncology MSO Acquisitions-Sen. Elizabeth Warren (D-Mass.) is urging the Federal Trade Commission (FTC) to closely analyze proposed acquisitions in the oncology market, including McKesson Corporation’s $2.49 billion acquisition of a controlling stake in Core Ventures, and Cardinal Health’s $1.1 billion acquisition of a controlling stake in Integrated Oncology, two management services organizations (MSOs) that oversee 150 oncology practices across 11 states. Warren expresses concern that the deals will limit competition and restrict oncology practices from contracting with rival drug wholesalers. “By controlling oncology practices, Cardinal and McKesson can require affiliated practices to enter into sole-source or prime vendor agreements with their wholesale businesses, ‘lock[ing] them in as customers’ and effectively blocking competing wholesalers from offering their services,” the letter argues. She asks the FTC to carefully consider the proposed deals and block them if they violate antitrust law.

 

 

Blumenthal Pushes for Recall of Acne Treatments Containing Benzene-Sen. Richard Blumenthal (D-Conn.) is calling on the Food and Drug Administration (FDA) to recall and suspend sales of acne treatments recently found to contain the cancer-causing chemical benzene. A Connecticut-based independent laboratory alerted the agency earlier this year of dangerous levels of benzene in certain acne products, including Proactiv and Clearasil, along with more than 30 different creams and cleansers. Blumenthal requests that the agency clarify its benzene guidance; the FDA has said that it is working to verify the lab’s claims before acting.

 

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	Gonzalez-Colon (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

Recently Introduced Health Legislation

H.R.10038-To direct the Secretary of Veterans Affairs to conduct a pilot program on the provision of naloxone to veterans and their caregivers, and for other purposes; Sponsor: D’Esposito, Anthony [Rep.-R-NY-4]; Committees: House-Veterans’ Affairs

 

H.R.10039-To reauthorize the National Diabetes Prevention Program; Sponsor: De La Cruz, Monica [Rep.-R-TX-15]; Committees: House-Energy and Commerce

 

H.R.10047-To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to support community-based programs for harm reduction services for individuals who use substances; Sponsor: Larsen, Rick [Rep.-D-WA-2]; Committees: House-Energy and Commerce

 

H.R.10048-To prohibit the availability of Federal funds to institutions of higher education that conduct painful biomedical research on dogs and cats; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House-Education and the Workforce

 

H.R.10050-To require the Secretary of Health and Human Services to conduct a study on pharmacy benefit manager audit practices; Sponsor: Maloy, Celeste [Rep.-R-UT-2]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.10056-To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2025 through 2028; Sponsor: Stefanik, Elise M. [Rep.-R-NY-21]; Committees: House-Education and the Workforce

 

H.R.10058-To amend title XIX of the Social Security Act to require coverage for certain individual with breast or cervical cancer under the Medicaid program; Sponsor: Waters, Maxine [Rep.-D-CA-43]; Committees: House-Energy and Commerce

 

H.R.10060-To amend title XVIII of the Social Security Act to require the provision of certain information with respect to breast reconstruction surgery under the Medicare program; Sponsor: Waters, Maxine [Rep.-D-CA-43]; Committees: House-Energy and Commerce; Ways and Means

 

H.J.Res.217-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Medicare Program; FY 2025 Hospice Wage Index and Payment Rate Update, Hospice Conditions of Participation Updates, and Hospice Quality Reporting Program Requirements”; Sponsor: Palmer, Gary J. [Rep.-R-AL-6]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.10071-To amend the Older Americans Act of 1965 to require the Assistant Secretary for Aging to make available to States, area agencies on aging, and service providers information and technical assistance to support the provision of evidence-informed practices that are likely to improve health outcomes, and for other purposes; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House-Education and the Workforce

 

H.R.10072-To amend the Older Americans Act of 1965 to require reports to Congress on State Long-Term Care Ombudsman Programs, and for other purposes; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House-Education and the Workforce

 

H.R.10073-To amend title XVIII of the Social Security Act to increase support for physicians and other practitioners in adjusting to Medicare payment changes; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.10075-To prohibit an entity from receiving Federal funds if such entity provides to any person any medical or surgical intervention for the purpose of assisting an individual’s disassociation from his or her sex; Sponsor: Ogles, Andrew [Rep.-R-TN-5]; Committees: House-Energy and Commerce

 

H.R.10077-To direct certain institutions of higher education to pay the medical costs of students who were diagnosed with certain diseases following a required COVID-19 vaccination, and for other purposes; Sponsor: Rosendale, Matthew M. [Rep.-R-MT-2]; Committees: House-Education and the Workforce

 

H.R.10078-To amend the Indian Health Care Improvement Act to establish within the Indian Health Service an Office of Graduate Medical Education Programs, and for other purposes; Sponsor: Stansbury, Melanie A. [Rep.-D-NM-1]; Committees: House-Natural Resources; Energy and Commerce

Policymakers Spotlight GLP-1 Counterfeits, Costs-A bipartisan group of House Energy and Commerce Committee members have sent a letter to the Food and Drug Administration (FDA) requesting a briefing from the agency about the presence of counterfeit Ozempic and other similar products in the nation’s medical supply chain. The lawmakers express concerns about potential gaps in supply chain security infrastructure, citing reports of the availability of counterfeit Ozempic injection products in both the legitimate supply chain and also via illegal channels. The letter requests a committee staff briefing from the agency by October 22.

 

In related news, the Congressional Budget Office (CBO) estimates that Medicare coverage of anti-obesity drugs would cost the program $35 billion over the next nine years. Were Medicare to expand coverage to include weight-loss treatments, CBO found that more than 12.5 million beneficiaries would be eligible for the drugs. The agency also stated its expectation that semaglutide would be selected for government price negotiations in 2025 because of its high cost to the Medicare Part D program. The Inflation Reduction Act required drugs be approved by the FDA for at least seven years prior to inclusion in the drug price negotiation program, and Ozempic, the first approved semaglutide product, will have been on the market for seven years by January 2025. Currently, Medicare is statutorily prohibited from paying for weight-loss drugs, though the program covers GLP-1s for other conditions.

 

Prior Authorization Bills Secure Bipartisan Majority Support-The Improving Seniors’ Timely Access to Care Act (H.R. 8702) has surpassed 218 cosponsors in the House of Representatives. This critical milestone means that the bill has secured support from a bipartisan majority of the chamber. The Senate bill (S.4532) previously achieved bipartisan majority support with the endorsement of 55 senators. The bill, which would streamline and standardize the use of prior authorization by Medicare Advantage plans, was unanimously passed by the House of Representatives in the 117th Congress but has not yet passed in the House or Senate in the 118th Congress.

 

Warren Raises Concerns About Novo Nordisk Merger-Sen. Elizabeth Warren (D-Mass.) is urging the Federal Trade Commission to closely scrutinize Novo Nordisk’s proposed merger with health contract development and manufacturing organization Catalent. Warren expresses concerns that the merger could reduce competition and result in higher prices for patients. “I am concerned that Novo Nordisk’s merger with Catalent will give Novo Nordisk unprecedented visibility into and control over its competitor’s production capacity, costs, and business practices, and the ability to preference its own products and obstruct its competitors’ use of Catalent to produce GLP-1 drugs,” Warren writes. She goes on to cite examples of Novo Nordisk’s prior efforts to restrict competition and maximize profits on these drugs.

 

Wyden Asks DOJ to Investigate Residential Treatment Centers-Senate Finance Committee Chairman Ron Wyden (D-Ore.) has asked the Department of Justice (DOJ) to investigate whether youth residential treatment facilities (RTFs) are providing adequate care to Medicaid beneficiaries. Wyden cites evidence of potential Medicaid fraud and civil rights violations uncovered by a two-year Finance Committee investigation into four RTF operators. The investigation found that children suffer “routine harms inside RTFs, including sexual, physical, and emotional abuse, unsafe and unsanitary conditions, inadequate provision of behavioral health treatment, and substandard educational activities.” Wyden asserts that this risk of harm to children in RTFs “is endemic to the operating model: to maximize per diem margins, RTF providers often offer minimal therapeutic treatment in deficient physical settings, understaffing and failing to train staff,” and that despite advertising short to medium-term duration stays, that children sometimes remain in facilities for many years. He refers the findings to the DOJ for consideration by the agency.

 

CMS Releases RFI on $2 Drug List Model-The Centers for Medicare and Medicaid Services (CMS) has released a request for information and a sample list of prescription drugs that the agency preliminarily intends to include under the proposed Medicare $2 Drug List Model. The model stems from President Biden’s Executive Order 14087, “Lowering Prescription Drug Costs for Americans” and will allow Part D beneficiaries to access certain generic drugs for a fixed copayment of no more than $2 for a month’s supply per drug. Participation in the model would be voluntary for Part D sponsors and could start as early as January 2027. The deadline to respond to the RFI is December 9, 2024.

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	Gonzalez-Colon (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

Recently Introduced Health Legislation

H.Res.1531-Expressing support for designation of the week of October 6, 2024, through October 12, 2024, as “Latex Allergy Awareness Week”; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Oversight and Accountability

 

H.R.9916-To direct the Comptroller General of the United States to conduct a study relating to 1-800-MEDICARE; Sponsor: De La Cruz, Monica [Rep.-R-TX-15]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.9924-To amend title 38, United States Code, to establish standard practices for a grant or pilot program administered by the Secretary of Veterans Affairs through the Veterans Health Administration, and for other purposes; Sponsor: Landsman, Greg [Rep.-D-OH-1]; Committees: House-Veterans’ Affairs

 

H.R.9929-To provide funding to the Bureau of Prisons, States, and localities to carry out mental health screenings and provide referrals to mental healthcare providers for certain corrections officers; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Judiciary

 

H.R.9938-To amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited conditional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes; Sponsor: Westerman, Bruce [Rep.-R-AR-4]; Committees: House-Energy and Commerce

 

H.R.9939-To direct the Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation, to conduct a study on existing efforts of hospitals with respect to electronic automated referrals for purposes of organ donation, and for other purposes; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House-Energy and Commerce

 

H.Res.1539-Recognizing the roles and the contributions of United States certified nurse-midwives and certified midwives in providing high-quality, evidence-based, and cost-effective health care services to women and childbearing families; Sponsor: Watson Coleman, Bonnie [Rep.-D-NJ-12]; Committees: House-Energy and Commerce

 

H.R.9942-To support the development, licensing, and initial manufacturing of a human vaccine for valley fever; Sponsor: Duarte, John S. [Rep.-R-CA-13]; Committees: House-Energy and Commerce

Senators Maintain Spotlight on Steward Healthcare-A group of Massachusetts Democrats have sent a letter to the CEO of Rural Healthcare Group regarding the company’s acquisition of Steward Health Care’s physician group Stewardship Health. “We are concerned about the risks to Massachusetts residents and health professionals, who are still suffering from the private equity-induced damage of Steward’s collapse, if they were now at the mercy of another private equity firm intent on squeezing more profits out of our health care system,” the letter states. The lawmakers also express concerns about Rural Healthcare’s association with the software company NaviHealth, which is owned by UnitedHealth Group. NaviHealth is currently the subject of a class action lawsuit concerning its work to develop algorithms used by insurers to deny patient health care claims.

 

In related news, Dr. Ralph de la Torre, who was recently ousted as CEO of Steward, is suing the Senate Health, Education, Labor, and Pensions (HELP) Committee over the panel’s vote to hold him in contempt for refusing to testify before the committee about the impact of Steward’s bankruptcy on patients. The lawsuit argues that HELP violated de la Torre’s Fifth Amendment right against self-incrimination by threatening him with “criminal retribution” and “public humiliation.” De la Torre is asking the federal court to declare all actions related to enforcement of the HELP subpoena invalid and unconstitutional.

 

 

Comer Subpoenas HHS on Development of Alcohol Consumption Guidelines-House Oversight and Accountability Committee Chairman James Comer (R-Ky.) is subpoenaing the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA) for documents related to the development of 2025 Dietary Guidelines for Americans. Some lawmakers have expressed concern in recent months about a potential anti-alcohol bias at HHS. “Despite USDA’s shared responsibility for formulating the Dietary Guidelines and the National Academies of Sciences, Engineering, and Medicine directive to study alcohol intake and health, HHS appears to be taking improper authority over the development of the alcohol consumption guidelines,” a press release from the committee states. The subpoena follows previous requests from the panel regarding recommendations related to alcohol consumption in which the administration failed to produce the requested documents.

 

 

GAO Releases New Report on Hospital Price Transparency-The Government Accountability Office (GAO) has released a new report concluding that the Centers for Medicare and Medicaid Services (CMS) is in need of more information on hospital pricing data completeness and accuracy. The report examines implementation of hospital price reporting requirements, which first went into effect in 2021. GAO found that despite assessing more than $4 million in civil monetary penalties to 14 hospitals that failed to comply with the reporting requirements, CMS does not have a way to assure that the information provided by hospitals is sufficiently complete and accurate. In response to the new GAO report, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) reiterated her commitment to working with the Senate to enact the House-passed Lower Costs, More Transparency Act (H.R. 5378) before the end of the year.

 

 

Republicans Investigate ARPA-H Compliance with Civil Rights Laws-Republicans on the House Energy and Commerce and Education and the Workforce committees have written to Advanced Research Projects Agency for Health (ARPA-H) Director Renee Wegrzyn regarding ARPA-H’s research funding process. The lawmakers highlight the rise in antisemitism on college and university campuses, and request information about how ARPA-H is ensuring that institutions and individuals funded by its research projects comply with Title VI to ensure a harassment and discrimination-free environment. The lawmakers request a response from Wegrzyn by October 16.

 

 

Markey, Booker Urge FDA to Ban Phthalates from Food Contact Materials-Sens. Ed Markey (D-Mass.) and Cory Booker (D-N.J.) have sent a letter to the Food and Drug Administration urging the agency to restrict the use of phthalates in food contact materials (FCM). The letter details the evidence of harm stemming from exposure to phthalates, especially brain development in infants and children. “The FDA can revoke its authorizations for the use of phthalates in FCM independently or in response to formal requests filed by citizens,” the lawmakers state, “so we urge the FDA to revoke the regulations allowing phthalates in FCMs-either of its own volition or by granting pending objections and reconsidering its denial of the 2016 phthalates food additive petition and citizen petition.”

 

 

Congressional Staff Start New AI Policy Group-Congressional staffers have launched a new working group on issues related to artificial intelligence. The Congressional Staff Association on Artificial Intelligence (CSA.ai) is an official, bi-cameral, non-partisan organization whose mission “is to ensure that congressional staff are well-equipped to respond to the challenges and opportunities that AI presents.” Later this month, CSA.ai will hold the first event in a monthly speaker series titled “AI and the Rule of Law: Empowering Congressional Staff for Future Policy Challenges.” More information about the group can be found here.

 

 

CBO Releases New Part D Projections-The Congressional Budget Office (CBO) estimates that temporary subsidies announced by the Centers for Medicare and Medicaid Services earlier this year to offset Medicare Part D premiums will increase federal spending by $5 billion next year. This will also lead to an increase of $2 billion in net spending on interest over the next decade. CBO’s projections come in response to a request from Republican committee leaders on the House and Senate Budget committees, the Senate Finance Committee, the House Energy and Commerce Committee, and the House Ways and Means Committee.

 

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	Gonzalez-Colon (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

 

Recently Introduced Health Legislation

H.Res.1521-Expressing support for the designation of September 30, 2024, as “Rare Cancer Day” to highlight the challenges patients with rare cancers face and to raise awareness and support efforts to improve early diagnosis and treatment; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Energy and Commerce

 

H.R.9864-To amend the Federal Food, Drug, and Cosmetic Act to prohibit the introduction or delivery for introduction into interstate commerce of food packaging containing intentionally added PFAS, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Energy and Commerce

 

H.R.9865-To amend title 10, United States Code, to ensure that members of the Armed Forces and their families have access to the contraception they need in order to promote the health and readiness of all members of the Armed Forces; Sponsor: Escobar, Veronica [Rep.-D-TX-16]; Committees: House-Armed Services

 

H.R.9866-To direct the Secretary of Health and Human Services to conduct a study and submit to Congress a report on contraceptive access at community health centers in health care deserts; Sponsor: Hinson, Ashley [Rep.-R-IA-2]; Committees: House-Energy and Commerce

 

H.R.9870-To improve the provision of benefits and services to members of the Ready Reserve Corps of the Public Health Service, and for other purposes; Sponsor: Landsman, Greg [Rep.-D-OH-1]; Committees: House-Armed Services; Oversight and Accountability; Veterans’ Affairs; Energy and Commerce

 

H.R.9871-To establish grants to combat opioid trafficking; Sponsor: Larsen, Rick [Rep.-D-WA-2]; Committees: House-Judiciary

 

H.R.9872-To establish a program to address sickle cell disease and other heritable hemoglobinopathies; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House-Energy and Commerce

 

H.R.9874-To prohibit the performance of gender-related medical treatment on minors, to amend title XVIII of the Social Security Act to prohibit payment and participation under the Medicare program with respect to such treatment, and for other purposes; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House-Energy and Commerce; Judiciary; Ways and Means

 

H.R.9879-To amend the Controlled Substances Act to clarify how controlled substance analogues that are imported or offered for import are to be regulated, and for other purposes; Sponsor: Pfluger, August [Rep.-R-TX-11]; Committees: House-Energy and Commerce; Judiciary

 

H.R.9882-To amend title XIX of the Social Security Act to permit States to apply a work requirement for nondisabled, nonelderly, nonpregnant adults under Medicaid; Sponsor: Rosendale, Matthew M. [Rep.-R-MT-2]; Committees: House-Energy and Commerce

 

H.R.9886-To require the Administrator of the Drug Enforcement Administration to temporarily exempt buprenorphine from the Suspicious Orders Report System for the remainder of the opioid public health emergency; Sponsor: Tonko, Paul [Rep.-D-NY-20]; Committees: House-Energy and Commerce; Judiciary

 

H.Res.1527-Recognizing October 2024 as “American Pharmacists Month” in honor of the contribution of pharmacists to provide safe, accessible, affordable, and beneficial patient care services and products to all residents and protect the public health of our communities; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Energy and Commerce

 

H.R.9907-To provide for a comprehensive Federal response to Long COVID, including research, education, and support for affected individuals, to direct the National Institutes of Health to establish a Long COVID research program, and for other purposes; Sponsor: Omar, Ilhan [Rep.-D-MN-5]; Committees: House-Energy and Commerce; Education and the Workforce

Congresses Extends Government Funding Through Dec. 20-Congress successfully passed a continuing resolution (H.R.9747) extending government funding through December 20. The measure, which maintains funding at current levels, passed the Senate by a vote of 78-18 on Wednesday, after the House advanced the bill by a vote of 341-82 earlier in the day. Following passage of the stopgap spending bill, Congress recessed early to return to the campaign trail. Lawmakers are scheduled to return to Capitol Hill after the election on November 12. While House Speaker Mike Johnson (R-La.) has offered assurances that Congress will not rely on an end of year omnibus bill this year, some congressional appropriators have expressed skepticism about being able to avoid a large spending package. Lawmakers are scheduled to be in session for a short five-week lame duck period ahead of the December 20 deadline.

 

 

 

House Passes Slate of Health Care Legislation-The House of Representatives passed a number of bipartisan health care related bills last week, setting them up for further action by the Senate or possible inclusion in an end of year package:

• R.3433, Give Kids a Chance Act of 2024
• R.2706, Charlotte Woodward Organ Transplant Discrimination Prevention Act
• R.3884, Sickle Cell Disease and Other Heritable Blood Disorders Research, Surveillance, Prevention, and Treatment Act of 2023
• R.8108, To amend title XIX of the Social Security Act to add a Medicaid State plan requirement with respect to the determination of residency of certain individuals serving in the Armed Forces
• R.6829, Cardiomyopathy Health Education, Awareness, and Research, and AED Training in the Schools (HEARTS) Act of 2024
• R.5526, Seniors’ Access to Critical Medications Act of 2024

 

The chamber also passed three bills that previously passed the Senate and will now be sent to the President for his signature: S.1549, Congressional Budget Office Data Access Act, S.134, Alzheimer’s Accountability and Investment Act, S.133, National Alzheimer’s Project Act (NAPA) Reauthorization Action.

 

 

Congress Passes Congenital Heart Disease Research Bill-The House and Senate passed legislation (H.R.7189) last week reauthorizing the Centers for Disease Control and Prevention’s congenital heart disease research program through fiscal year 2029. The Congenital Heart Futures Reauthorization Act of 2024 passed the chamber by unanimous consent. The bill will now be sent to the President’s desk for his signature.

 

 

Senate Votes to Hold Steward CEO in Criminal Contempt-The Senate voted last week to hold the CEO of Steward Health Care in criminal contempt for his failure to comply with the Health, Education, Labor, and Pension Committee’s subpoena to appear before the panel and testify about the company’s bankruptcy. The resolution passed via unanimous consent. It is the first time in 50 years the Senate has passed a resolution to hold someone in criminal contempt. As a result of the vote, Dr. Ralph de la Torre will be referred for criminal prosecution to the U.S. Attorney for the District of Columbia.

 

 

Senate GOP Blocks Consideration of Emergency Abortion Bill-Senate Republicans blocked consideration of a resolution (S. Res.828) last week expressing the sense of the Senate that every patient has the right to emergency health care, including abortion care. The vote on the resolution, introduced by Sen. Patty Murray (D-Wash.), is a part of Senate Democrats’ effort to highlight Republicans’ stance on issues related to reproductive rights ahead of the November elections. In related news, Senate Finance Committee Chairman Ron Wyden (D-Ore.) has sent letters to eight hospitals regarding their compliance with the Emergency Medical Treatment and Active Labor Act (EMTALA). Wyden cites reports of cases in which the hospitals have refused to provide, or delayed, emergency abortion care to patients. The hospitals are all located in states with narrow bans on abortion.

 

 

Doc Caucus Details Year-End Priorities-The House GOP Doctors Caucus is prioritizing inclusion of policies championed by retiring members Brad Wenstrup, DPM (Ohio), Michael Burgess, MD (Texas), and Larry Bucshon, MD (Ind.) in a year-end health package. The key pieces of legislation include the Lower Costs, More Transparency Act (H.R.5378), the Treat and Reduce Obesity Act (H.R.4818), the Preventive Health Savings Act (H.R.766), and the Improving Senior’s Timely Access to Care Act (H.R.8702). During a recent Doc Caucus policy forum, the lawmakers predicted that an impeding 2.8% Medicare physician reimbursement cut would be averted by a short-term fix but acknowledged the need for long-term reform that could include an inflationary payment update and increase the budget-neutrality threshold. Looking forward to the 119^th Congress, Rep. Mariannette Miller-Meeks, MD (R-Iowa) stated that the caucus would continue its work to put “patients first, not insurance companies, not pharmaceutical companies, not pharmacy benefit managers.”

 

 

 

Senators Urge Leadership to Act to Extend Telehealth Flexibilities-A bipartisan group of senators have sent a letter to Senate leadership urging them to act quickly to preserve patient access to telehealth flexibilities first instituted in response to the COVID pandemic. “If budget constraints make permanent policy out of reach, given the significant costs required to ramp up and provide high quality telehealth programs, Congress must provide the maximum extension possible at an adequate length for providers to make necessary investments,” Sens. Brian Schatz (D-Hawaii), Roger Wicker (R-Miss.), Ben Cardin (D-Md.), Cindy Hyde-Smith (R-Miss.), and Mark Warner (D-Va.) write. The letter also endorses payment parity between in-person and virtual care for federally qualified health centers and rural health clinics. Relatedly, Sen. Warner and Rep. Doris Matsui (D-Calif.) have confirmed that they are working to draft legislation that extends flexibilities around the prescribing of controlled substances via telemedicine. The lawmakers have expressed concerns about recent reporting around a forthcoming regulation from the Drug Enforcement Administration that may restrict access to certain treatments without an in-person patient visit to the prescriber.

 

 

 

Democrats Probe Weight Loss Drug Pricing-The Senate Health, Education, Labor, and Pensions (HELP) Committee released a majority staff report last week titled “Novo Nordisk’s Untenable Drug Pricing Strategy in America: Greed, Greed, Greed.” The report compares Novo Nordisk’s claims regarding its pricing strategy to information provided by health insurance plans and other stakeholders in the supply chain, concluding that the high prices of Ozempic and Wegovy cannot be justified by the need to fund future R&D and that Novo Nordisk’s high prices in the U.S. stem from “excessive corporate greed.” The report was released in conjunction with the Committee’s hearing on the price of Ozempic and Wegovy during which the panel heard testimony from Novo Nordisk CEO Lars Fruergaard Jorgensen. Jorgensen defended his company’s pricing methodology, arguing that lowering the list prices of Ozempic and Wegovy could make them harder to access because of the way the U.S. health care system is structured. The HELP majority staff report includes letters from the nation’s largest pharmacy benefit managers, who pledge that a list price reduction would not negatively impact formulary placement for Ozempic and Wegovy.

 

In related news, a bicameral group of Democrats have sent a letter to the U.S. Department of Health and Human Services (HHS) urging Secretary Xavier Becerra to issue generic licenses for semaglutide, the active ingredient in weight loss drugs Ozempic and Wegovy. The lawmakers argue that the government “has the clear authority to license generic competition on any patented invention used or manufactured by or for the United States” under its competitive licensing authority at 28 U.S.C. Section 1498. “You have the opportunity and responsibility to dramatically improve health care access and achieve substantial taxpayer savings by using Section 1498 to authorize generic competitors to Ozempic and Wegovy,” the letter states. “We strongly urge you to use your clear statutory authority and stand ready to assist in your efforts to deliver long overdue relief to American taxpayers and consumers.”

 

 

 

Wenstrup Issues Medical Supply Chain RFI-Reps. Brad Wenstrup DPM, (R-Ohio), Blake Moore (R-Utah), and August Pfluger (R-Texas) are requesting information on policies to secure and enhance domestic medical supply chains. The request for information (RFI) highlights the need for U.S. supply chains to be free from dependency on foreign adversaries as well as from foreign adversary interference and manipulation and solicits feedback on how Congress can better ensure the nation’s safety and security through strengthening U.S. medical supply chains. Responses should be submitted by October 4 to [email protected].

 

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	Gonzalez-Colon (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

Recently Introduced Health Legislation

H.Res.1479-Expressing support for the goals and ideas of “National Hydrocephalus Awareness Month” and “World Hydrocephalus Day”; Sponsor: Smith, Christopher H. [Rep.-R-NJ-4]; Committees: House-Energy and Commerce

 

H.Res.1481-Expressing support for the recognition of September 2024 as “National Children’s Emotional Wellness Month” and for increased public awareness regarding children’s emotional health and wellness; Sponsor: Kim, Young [Rep.-R-CA-40]; Committees: House-Energy and Commerce

 

H.R.9720-To direct the Director of the National Institute of Standards and Technology to update the national vulnerability database to reflect vulnerabilities to artificial intelligence systems, study the need for voluntary reporting related to artificial intelligence security and safety incidents, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Science, Space, and Technology

 

H.R.9737-To improve the tracking and processing of security and safety incidents and risks associated with artificial intelligence, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Science, Space, and Technology; Homeland Security; Intelligence (Permanent Select); Education and the Workforce

 

H.R.9740-To direct the Secretary of Defense to increase the maximum amount of contraceptive supplies provided to a beneficiary through the TRICARE Program; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Armed Services

 

H.R.9741-To direct the Secretary of Defense to ensure that beneficiaries and health care providers receive certain information regarding reproductive health care under the TRICARE program; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Armed Services

 

S.Res.837-An original resolution authorizing the President of the Senate to certify the report of the Committee on Health, Education, Labor, and Pensions of the Senate regarding the refusal of Dr. Ralph de la Torre to appear and testify before the Committee; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.840-A resolution supporting the designation of the week of September 15 through September 21, 2024, as “Telehealth Awareness Week”; Sponsor: Schatz, Brian [Sen.-D-HI]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.Res.841-A resolution designating September 2024 as “National Childhood Cancer Awareness Month”; Sponsor: Manchin, Joe, III [Sen.-I-WV]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.5141-A bill to provide for health coverage with no cost-sharing for additional breast screenings for certain individuals at greater risk for breast cancer; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5142-A bill to amend the Public Health Service Act with respect to the national program for traumatic brain injury surveillance and registries; Sponsor: Helmy, George S. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Con.Res.129-Supporting the designation of the week of September 22 through September 28, 2024, as “National Fall Prevention Awareness Week” to raise awareness about, and encourage the prevention of, falls among older adults; Sponsor: Frankel, Lois [Rep.-D-FL-22]; Committees: House-Energy and Commerce

 

H.R.9747-Continuing Appropriations and Extensions Act, 2025; Sponsor: Cole, Tom [Rep.-R-OK-4]; Committees: House-Appropriations; Budget

 

S.Res.846-A resolution commemorating the 30th anniversary of the eradication of wild poliovirus from the Americas; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Foreign Relations

 

S.5146-A bill to authorize the Secretary of Health and Human Services to award grants to schools of medicine or osteopathic medicine at historically Black colleges and universities and other minority-serving institutions for the purpose of increasing enrollment of medical students; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5150-A bill to require the Federal Trade Commission, with the concurrence of the Secretary of Health and Human Services acting through the Surgeon General, to implement a mental health warning label on social media platforms, and for other purposes; Sponsor: Britt, Katie Boyd [Sen.-R-AL]; Committees: Senate-Commerce, Science, and Transportation

 

S.5153-A bill to amend the Agricultural Marketing Act of 1946 to modify the definition of hemp, and for other purposes; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate-Agriculture, Nutrition, and Forestry

 

S.5154-A bill to amend title XVIII of the Social Security Act to clarify payment rules for manual wheelchairs under part B of the Medicare program; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate-Finance

 

S.5163-A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit for eldercare expenses; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Finance

 

H.Res.1494-Recognizing the threat of air pollution and extreme heat to maternal and infant health, and expressing the sense of the House of Representatives that meaningful interventions must be rapidly and equitably developed and deployed to address the unique vulnerabilities of pregnancy in Latino communities; Sponsor: Barragán, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce

 

H.Res.1495-Expressing support for the designation of September 2024 as “Sickle Cell Disease Awareness Month” in order to educate communities across the United States about sickle cell disease and the need for research, early detection methods, effective treatments, and preventative care programs with respect to complications from sickle cell disease and conditions related to sickle cell disease; Sponsor: Davis, Danny K. [Rep.-D-IL-7]; Committees: House-Energy and Commerce

 

H.R.9773-To amend title 38, United States Code, to eliminate copayments by the Department of Veterans Affairs for medicines relating to preventive health services, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Veterans’ Affairs

 

H.R.9774-To amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Ways and Means

 

H.R.9778-To amend title XVIII of the Social Security Act to include penicillin allergy verification and evaluation as part of the initial preventive physical examination under the Medicare program; Sponsor: Bucshon, Larry [Rep.-R-IN-8]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9782-To direct the Secretary of Health and Human Services to study and report on the relationship between hair straighteners and uterine cancer, particularly among women of color; Sponsor: Clarke, Yvette D. [Rep.-D-NY-9]; Committees: House-Energy and Commerce

 

H.R.9785-To require the Director of the Office of Management and Budget to submit to Congress an annual report on biomedical research funded by the United States and performed in China; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House-Energy and Commerce; Agriculture

 

H.R.9790-To amend the Controlled Substances Act to provide for the regulation of critical parts of tableting machines and encapsulating machines, and for other purposes; Sponsor: Stansbury, Melanie A. [Rep.-D-NM-1]; Committees: House-Energy and Commerce; Judiciary

 

S.Res.861-A resolution expressing support for the designation of September 2024 as “Sickle Cell Disease Awareness Month” in order to educate communities across the United States about sickle cell disease and the need for research, early detection methods, effective treatments, and preventative care programs with respect to complications from sickle cell disease and conditions related to sickle cell disease; Sponsor: Scott, Tim [Sen.-R-SC]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.867-A resolution designating September 2024 as “National Spinal Cord Injury Awareness Month”; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Judiciary

 

S.5164-A bill to extend the temporary scheduling order for fentanyl-related substances; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate-Judiciary

 

S.5173-A bill to amend title XVIII of the Social Security Act to provide for the treatment of critical access hospital services furnished by a critical access hospital located in a noncontiguous State; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate-Finance

 

S.5180-A bill to amend subtitle A of title XX of the Social Security Act to fund additional projects that focus on competency-based training for personal or home care aides, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Finance

 

S.5182-A bill to amend title XIX of the Social Security Act to require the collection of information regarding social determinants of health, and for other purposes; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate-Finance

 

S.5184-A bill to amend title XVIII of the Social Security Act to establish a floor on payments to sole community hospitals located in a non-contiguous State under the hospital outpatient prospective payment system; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate-Finance

 

S.5189-A bill to amend title XVIII of the Social Security Act to waive certain distance requirements for certain hospitals electing to be designated as critical access hospitals; Sponsor: Fischer, Deb [Sen.-R-NE]; Committees: Senate-Finance

 

S.5194-A bill to amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Finance

 

S.5203-A bill to require the Secretary of Health and Human Services to issue guidance on best practices for screening and treatment of congenital syphilis under Medicaid and the Children’s Health Insurance Program, and for other purposes; Sponsor: Heinrich, Martin [Sen.-D-NM]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5206-A bill to require a report on foreign investment in the pharmaceutical industry of the United States; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate-Banking, Housing, and Urban Affairs

 

S.5210-A bill to improve mental health services of the Department of Veterans Affairs, and for other purposes; Sponsor: Tester, Jon [Sen.-D-MT]; Committees: Senate-Veterans’ Affairs

 

S.5217-A bill to amend title 10, United States Code, to eliminate cost-sharing requirements for behavioral health care under TRICARE Reserve Select; Sponsor: Fetterman, John [Sen.-D-PA]; Committees: Senate-Armed Services

 

S.5218-A bill to amend titles XI and XVIII of the Social Security Act to strengthen, increase oversight of, and compliance with, security standards for health information, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Finance

 

S.5222-A bill to require the Secretary of Health and Human Services to implement a pandemic preparedness and response program using artificial intelligence; Sponsor: Rounds, Mike [Sen.-R-SD]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5226-A bill to establish a program to address sickle cell disease and other heritable hemoglobinopathies; Sponsor: Van Hollen, Chris [Sen.-D-MD]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5228-A bill to require the use of prescription drug monitoring programs; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5236-A bill to amend titles XIX and XXI of the Social Security Act to enhance financial support for rural and safety net hospitals providing maternity, labor, and delivery services to vulnerable populations, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Finance

 

S.5243-A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of cannabis and cannabinoid products, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5248-A bill to require hospitals participating in Medicaid or the Children’s Health Insurance Program to inquire whether a patient is a citizen or national of the United States, or in a satisfactory immigration status, as part of the patient admission and registration process, and for other purposes; Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate-Finance

 

S.5255-A bill to require the Director of the Office of Management and Budget to submit to Congress an annual report on biomedical research funded by the United States and performed in China; Sponsor: Ernst, Joni [Sen.-R-IA]; Committees: Senate-Homeland Security and Governmental Affairs

 

S.5260-A bill to amend title XIX of the Social Security Act to require the Secretary of Health and Human Services to make certain information available on a public website relating to intermediate care facilities for individuals with intellectual disabilities certified for participation under the Medicaid program, and for other purposes; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate-Finance

 

S.5262-A bill to address maternity care shortages and promote optimal maternity outcomes by expanding access to birth centers and exploring more effective payment models for birth center care, and for other purposes; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate-Finance

 

S.5269-A bill to amend title 38, United States Code, to establish a commission to review operations at the Veterans Health Administration and submit to Congress reports with respect to that review, and for other purposes; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate-Veterans’ Affairs

 

S.5271-A bill to require the Administrator of the Drug Enforcement Administration to temporarily exempt buprenorphine from the Suspicious Orders Report System for the remainder of the opioid public health emergency; Sponsor: Heinrich, Martin [Sen.-D-NM]; Committees: Senate-Judiciary

 

S.5275-A bill to amend title XVIII of the Social Security Act to facilitate patient access to certain pediatric technologies; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate-Finance

 

S.5278-A bill to provide additional authorities for the leadership of the United States Agency for International Development in health technology innovation for global health in low-resource settings, and for other purposes; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Foreign Relations

 

S.5279-A bill to require the head of each agency to establish a plan relating to the safety of Federal employees and contractors physically present at certain worksites during a nationwide public health emergency declared for an infectious disease, and for other purposes; Sponsor: Warner, Mark R. [Sen.-D-VA]; Committees: Senate-Homeland Security and Governmental Affairs

 

H.Res.1502-Expressing support for the designation of October 1, 2024, as “National Latino Physician Day”; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.Res.1505-Expressing support for the designation of September 2024 as “National Polycystic Kidney Disease Awareness Month”, and raising awareness and understanding of polycystic kidney disease; Sponsor: Cleaver, Emanuel [Rep.-D-MO-5]; Committees: House-Energy and Commerce

 

H.Res.1508-Supporting the designation of September 2024 as “National Ovarian Cancer Awareness Month”; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Oversight and Accountability

 

H.Res.1511-Expressing support for the designation of September 2024 as “National Prostate Cancer Awareness Month”; Sponsor: Hunt, Wesley [Rep.-R-TX-38]; Committees: House-Energy and Commerce

 

H.Res.1514-Recognizing that cancer patients have the right to receive care that ensures effective prevention, early diagnosis, improved outcomes, optimal patient rehabilitation, and affordable health care; Sponsor: Napolitano, Grace F. [Rep.-D-CA-31]; Committees: House-Energy and Commerce

 

H.Res.1518-Supporting the goals and ideals of “Creutzfeldt-Jakob Disease (CJD) Awareness Day”; Sponsor: Valadao, David G. [Rep.-R-CA-22]; Committees: House-Energy and Commerce

 

H.R.9796-To direct the Secretary of Health and Human Services and the Secretary of Housing and Urban Development to jointly award grants for the purposes of improving access to, developing, or expanding services that provide an individual with transportation to or from substance use disorder treatment or supportive services; Sponsor: Bonamici, Suzanne [Rep.-D-OR-1]; Committees: House-Energy and Commerce; Financial Services

 

H.R.9802-To amend title XI of the Social Security Act to require the Secretary of Health and Human Services to verify whether a health care provider is licensed in good standing before issuing the provider a unique health identifier, and for other purposes; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9803-To amend title XVIII of the Social Security Act to ensure the integrity of hospice care furnished under the Medicare program, and for other purposes; Sponsor: Blumenauer, Earl [Rep.-D-OR-3]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.9805-To require the Secretary of Health and Human Services to establish a process to expand access to claims data under certain Federal health plans in order to facilitate research and quality improvement; Sponsor: Bucshon, Larry [Rep.-R-IN-8]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9807-To amend the Public Health Service Act to authorize a grant program to provide surge capacity for providers faced with increased unmet need for contraceptive care; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.R.9812-To direct the Secretary of Health and Human Services to award grants to States to establish, increase the availability of, and improve access to, qualified health care programs to increase and strengthen the health care workforce in such States; Sponsor: Comer, James [Rep.-R-KY-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9813-To require the head of each agency to establish a plan relating to the safety of Federal employees and contractors physically present at certain worksites during a nationwide public health emergency declared for an infectious disease, and for other purposes; Sponsor: Connolly, Gerald E. [Rep.-D-VA-11]; Committees: House-Oversight and Accountability; Budget

 

H.R.9817-To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to update and clarify its rule on substances generally recognized as safe, and for other purposes; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Energy and Commerce

 

H.R.9823-To amend title XVIII of the Social Security Act to waive certain distance requirements for certain hospitals electing to be designated as critical access hospitals; Sponsor: Flood, Mike [Rep.-R-NE-1]; Committees: House-Ways and Means

 

H.R.9828-To amend the Public Health Service Act to end the liability shield for vaccine manufacturers, and for other purposes; Sponsor: Gosar, Paul A. [Rep.-R-AZ-9]; Committees: House-Energy and Commerce

 

H.R.9840-To prohibit life insurance providers from discriminating based on a person’s status as a living kidney donor, and for other purposes; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House-Financial Services

 

H.R.9842-To amend the Public Health Service Act to maintain the Rural Communities Opioid Response Program, and for other purposes; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House-Energy and Commerce

 

H.R.9849-To amend the Public Health Service Act to address the shortage of medical laboratory personnel, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Energy and Commerce

 

H.R.9855-To amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration; Sponsor: Takano, Mark [Rep.-D-CA-39]; Committees: House-Veterans’ Affairs

Government Funding Update-On Sunday, House Speaker Mike Johnson (R-La.) released a new continuing resolution (CR) to fund the government though December 20. The House is expected to vote on the CR mid-week followed by the Senate. This effort follows last week’s failed attempt to pass Speaker Johnson’s stopgap spending bill which would have funded the federal government through March 28, 2025, and included a provision to require voters to show proof of citizenship (H.R.8281). The bill failed on the House floor in a 202-220 vote, with 14 Republicans voting in opposition and two Republicans voting present. Democrats Don Davis (N.C.), Jared Golden (Maine), and Marie Gluesenkamp Perez (Wash.) voted in support of the legislation. Lawmakers have until the end of the fiscal year on September 30 to pass government funding legislation and avoid a federal government shutdown. The House Rules Committee is scheduled to meet on Monday afternoon to consider the Continuing Appropriations And Extensions Act, 2025 which also extends certain health and veterans funding that would otherwise expire on September 30. Senate Majority Leader Chuck Schumer (D-N.Y.) has taken steps to prepare a legislative vehicle for the Senate to lead on advancing a clean CR should the House fail to do so.

 

In the event of a shutdown, the U.S. Department of Health and Human Services’ 2024 contingency plan would furlough 45% of the Department’s staff. The Department would use carryover balances, third-party funding, and user fees to maintain COVID surveillance and drug development efforts; carryover balances would also be used by the Health Resources and Services Administration to keep programs running for a limited amount of time. The National Institutes of Health Clinical Center would operate at 90% of its normal patient load to continue to provide treatment for existing patients.

 

 

 

House Passes Slate of Health Care Legislation-The House of Representatives passed a number of health care related bills last week, setting them up for possible inclusion in an end of year package.

• The LIVE Beneficiaries Act (H.R.8084) was passed by voice vote.
• The Chronic Disease Flexible Coverage Act (H.R.3800) was passed by voice vote.
• The TELEMH Act (H.R.7858) was passed by voice vote.
• The Accelerating Kids’ Access to Care Act (H.R.4758) was passed by voice vote.
• The Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act (H.R.7208) was passed by voice vote.
• The Medicaid Program Improvement Act (H.R.8111) was passed by voice vote.
• The Medicare and Medicaid Fraud Prevention Act (H.R.8089) was passed by voice vote.
• The SPEAK Act (H.R.6033) was passed by voice vote.
• The BOLD Infrastructure for Alzheimer’s Reauthorization Act (H.R.7218) was passed by voice vote.
• The SIREN Reauthorization Act (S.265) was passed by voice vote.
• The Poison Control Centers Reauthorization Act (S.4351) was passed by voice vote.
• The DeOndra Dixon INCLUDE Project Act (H.R.7406) was passed by voice vote.
• The Vietnam Veterans Liver Fluke Cancer Study Act (H.R.4424) was passed by voice vote.
• R.6160, to reauthorize a lifespan respite care program, was passed by voice vote.
• R.8112, to require certain additional provider screening under the Medicaid program, was passed by voice vote.
• The Autism CARES Act (H.R.7213) was passed by a 402-13 vote.

 

 

 

E&C Marks Up Telehealth Extension and Other Health Bills-The House Energy and Commerce Committee held a markup last week to consider 16 pieces of legislation. Among the measures passed by the panel was a bill (H.R.7623) to extend COVID-era telehealth flexibilities for two years. The Telehealth Modernization Act extends flexibilities, including those related to geographic and originating site restrictions, practitioners eligible to furnish telehealth services, telehealth services for federally qualified health centers and rural health clinics, and the furnishing of audio-only telehealth services, through December 31, 2026. Such flexibilities are currently scheduled to expire on December 31, 2024. The package is offset by provisions to reform the pharmacy benefit manager industry. The bill passed by a vote of 41-0. The other health-related bills considered by the committee include:

• H.R.8107,Ensuring Access to Medicaid Buy-in Programs Act, advanced by a vote of 43 to 0.

• H.R.8108, to add a Medicaid State plan requirement with respect to the determination of residency of certain individuals serving in the Armed Forces, advanced by a vote of 42 to 0.

• H.R.3433,Give Kids a Chance Act, advanced by a vote of 43 to 0. H.R.7155, United States-Abraham Accords Cooperation and Security Act, was included in the amendment in the nature of a substitute to H.R.3433.

• H.R.7188,Shandra Eisenga Human Cell and Tissue Product Safety Act, advanced by a vote of 40-0.

• H.R.3227,Ensuring Seniors’ Access to Quality Care Act, advanced by a vote of 20 to 18.

• H.R.9067,Building America’s Health Care Workforce Act, advanced by a vote of 23 to 17.

 

 

Senate GOP Blocks Consideration of IVF Bill-Senate Republicans again blocked consideration of legislation (S.4445) to create a legal right for patients to access and providers to use fertility treatments last week. The Right to IVF Act would also provide for coverage of fertility treatments for Medicare and Medicaid beneficiaries and for members of the uniformed services and veterans, as well as require private insurers that cover obstetrical services to also cover fertility treatments. The 51-44 vote fell short of the 60-vote threshold necessary for consideration of legislation on the Senate floor. Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) joined Democrats in voting in support of the bill. The same legislation was blocked by Senate Republicans in June by a 48-47 vote. Senate Majority Leader Chuck Schumer (D-N.Y.) intended for the votes to highlight Republicans’ stance on issues related to reproductive rights ahead of the November elections. Republicans have argued that the measure is unnecessary and overly broad.

 

 

 

HELP Votes to Hold Steward CEO in Contempt-The Senate Health, Education, Labor, and Pensions (HELP) Committee voted to hold the CEO of Steward Healthcare in contempt of Congress last week. The vote followed Dr. Ralph de la Torre’s refusal to comply with a subpoena to appear before the committee to discuss Steward’s bankruptcy and the subsequent impact on patients. The panel voted 20-0 on two resolutions: the first instructs the Senate legal counsel to bring a civil suit compelling de la Torre to testify; the second refers the matter to the U.S. Attorney for the District of Columbia to criminally prosecute de la Torre for failing to honor the subpoena. The pair of resolutions will now advance to the full Senate for consideration.

 

 

 

Senators Press DOD About Reliance on Foreign Pharmaceuticals-A bipartisan group of senators led by Elizabeth Warren (D-Mass.) have sent a letter to Secretary of Defense Lloyd Austin regarding the Department’s reliance on foreign pharmaceutical products. The lawmakers express concerns about the impact of a 2020 court decision loosening Buy American requirements for federal agency purchasing decisions on the military drug supply chain. “As witnessed by the COVID-19 pandemic, an over-reliance on foreign countries for critical materials, including pharmaceuticals, leaves the U.S. vulnerable to international supply shocks,” the lawmakers argue. The letter was signed by Sens. Rick Scott (R-Fla.), Marco Rubio (R-Fla.), Joni Ernst (R-Iowa), Chris Murphy (D-Conn.), and Mike Rounds (R-S.D.). They request information about the Department of Defense’s pharmaceutical acquisition strategy by September 30.

 

 

Democrats Push for Extension of Enhanced Premium Tax Credits-A bicameral group of Democrats have written to congressional leadership urging them to extend the enhanced Affordable Care Act health insurance premium tax credits, which are currently set to expire at the end of the year. The lawmakers warn that if the tax credits are allowed to expire “over 20 million Americans will see a sudden increase in their health insurance costs, an estimated three million Americans could lose their health insurance entirely and nearly nine million people will pay more-roughly $406 per person-for coverage.” The letter was led by Sen. Jeanne Shaheen (D-N.H.) and Rep. Lauren Underwood (D-Ill.) and signed by 195 congressional Democrats.

 

 

Harris Elected New House Freedom Caucus Chairman-Rep. Andy Harris, M.D. (R-Md.) has been elected as the leader of the House Freedom Caucus through the end of this year. He will replace Rep. Bob Good (R-Va.), who lost his primary race earlier this year. Harris currently chairs the House Appropriations Subcommittee on Agriculture-FDA, where he has sought steep cuts to the Food and Drug Administration. Harris will have to run again in December when the Caucus elects their chair for the 119^th Congress.

 

 

 

AHRQ Releases Report to Congress on Sepsis-The Agency for Healthcare Research and Quality (AHRQ) has issued a new report to Congress on the burden of sepsis in U.S. hospital care. According to the report, the number of sepsis-related inpatient stays at non-federal acute care hospitals in the United States increased from 1.8 million in 2016 to 2.5 million in 2021. The report comes in response to the Consolidated Appropriations Act for Fiscal Year 2023, which directed AHRQ to conduct a comprehensive set of studies related to sepsis. AHRQ examines sepsis among all patients as well as among specific patient populations, including adults, pregnant women, children, and newborns.  The agency also explores the association of pandemic-related changes in the health care system with the burden of sepsis. The report details how COVID-19 led to a noticeable rise in sepsis-related hospitalizations, hospital costs, and in-hospital mortality, particularly for patients with a COVID diagnosis. In related news, the Food and Drug Administration is expected to release new guidance on sepsis screening for potential tissue donors in the coming weeks.

 

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	González-Colón (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

 

Upcoming Congressional Hearings and Markups

Senate HELP Committee hearing “Why Is Novo Nordisk Charging Americans with Diabetes and Obesity Outrageously High Prices for Ozempic and Wegovy?” 10:00 a.m.; September 24

 

Senate Finance Committee hearing “Chaos and Control: How Trump Criminalized Women’s Health Care;” 10:00 a.m.; September 24

 

House Veterans’ Affairs oversight hearing “Everyday Heroes: Supporting the Veteran Caregiver Community;” 10:15 a.m.; September 25

 

Senate HELP Subcommittee on Employment and Workplace Safety hearing “Reading the Room: Preparing Workers for AI;” 2:00 p.m.; September 25

 

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “Ensuring Timely Access: Challenges in VA Scheduling;” 9:00 a.m.; September 26

 

Senate HELP Committee executive session to consider S.2305,Biosimilar Red Tape Elimination Act;S.2780,Medication Affordability and Patent Integrity Act;S.4436,Protect Infant Formula from Contamination Act;S.4583,Creating Hope Reauthorization Act;S._,Medical Graduate Investment Act;andS.5103,Food and Drug Administration Foods Accountability Act;10:00 a.m.; September 26

 

Senate Judiciary Committee executive session to consider the PREVAIL Act (S.2220), Patent Eligibility Restoration Act (S.2140); and IDEA Act (S.2713); 10:00 a.m.; September 26

 

Senate Environment and Public Works Subcommittee on Superfund, Waste Management, and Regulatory Oversight hearing to examine the public health impacts of PFAS exposures; 10:00 a.m.; September 26

 

House Oversight and Accountability Subcommittee on Health Care and Financial Services hearing “Meddling with Medicare: The Biden-Harris Cover-Up;” 2:00 p.m.; September 26

 

Recently Introduced Health Legislation

S.5056-A bill to amend the Controlled Substances Act to clarify how controlled substance analogues that are imported or offered for import are to be regulated, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate-Judiciary

 

H.R.9598-To amend the Office of National Drug Control Policy Reauthorization Act to reauthorize such Office, and for other purposes; Sponsor: Comer, James [Rep.-R-KY-1]; Committees: House-Oversight and Accountability

 

S.5070-A bill to amend title XIX of the Social Security Act to remove certain age restrictions on Medicaid eligibility for working adults with disabilities; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Finance

 

H.Res.1458-Recognizing the contributions of medical research and observing “Medical Research Week” from September 16 through September 20, 2024; Sponsor: Carson, André [Rep.-D-IN-7]; Committees: House-Energy and Commerce

 

H.R.9616-To amend the Federal Food, Drug, and Cosmetic Act to provide for the prompt approval of drugs when safety information is added to labeling, and for other purposes; Sponsor: Barragan, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce

 

H.R.9622-To improve access to oral health care for vulnerable and underserved populations; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Energy and Commerce; Ways and Means; Judiciary; Natural Resources; Veterans’ Affairs

 

H.R.9626-To direct the Department of Defense to develop a plan for the establishment of a secure computing and data storage environment for the testing of artificial intelligence trained on biological data, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

 

H.R.9627-To direct the Secretary of Defense to develop a biotechnology roadmap to guide the efforts of the Department of Defense relating to biotechnology, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

 

H.R.9628-To direct the Secretary of Defense to collaborate with a federally funded research and development center to assess the biotechnology capabilities of adversaries of the United States, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

 

H.R.9629-To amend title 10, United States Code, to expand the exception to the licensure requirement for certain health care professionals providing certain examinations to members of the reserve components; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

 

H.R.9631-To provide for the establishment or expansion of Food as Medicine programs, and for other purposes; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House-Energy and Commerce; Agriculture

 

H.R.9634-To amend the Public Health Service Act to prohibit the National Institutes of Health from conducting or supporting research that causes significant pain or distress to a nonhuman primate, and for other purposes; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House-Energy and Commerce

 

H.R.9643-To protect and expand nationwide access to fertility treatment, including in vitro fertilization; Sponsor: Wild, Susan [Rep.-D-PA-7]; Committees: House-Energy and Commerce; Veterans’ Affairs; Armed Services; Education and the Workforce; Ways and Means; Oversight and Accountability

 

S.Res.828-A resolution expressing the sense of the Senate that every person has the basic right to emergency health care, including abortion care; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5097-A bill to amend title XIX of the Social Security Act to establish a demonstration project to improve outpatient clinical care for individuals with sickle cell disease; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Finance

 

H.R.9645-To require the Inspector General of the Department of Health and Human Services to submit a report on Medicare and Medicaid fraud; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9656-To amend the Public Health Service Act to ensure area career and technical education schools are eligible for mental health and substance use disorder service grants; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House-Energy and Commerce

 

H.R.9660-To provide protections from prosecution for drug possession to individuals who seek medical assistance when witnessing or experiencing an overdose, and for other purposes; Sponsor: Neguse, Joe [Rep.-D-CO-2]; Committees: House-Judiciary; Energy and Commerce

 

S.Res.832-A resolution supporting the designation of September 19, 2024, as “National Stillbirth Prevention Day”, recognizing tens of thousands of families in the United States that have endured a stillbirth, and seizing the opportunity to keep other families from experiencing the same tragedy; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5112-A bill to amend title XVIII of the Social Security Act to provide payment for crisis stabilization services under the prospective payment system for hospital outpatient department services; Sponsor: Cortez-Masto, Catherine [Sen.-D-NV]; Committees: Senate-Finance

 

S.5130-A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the Comprehensive Opioid Abuse Grant Program, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Judiciary

 

H.Res.1474-Supporting the designation of September 19, 2024, as “National Stillbirth Prevention Day”, recognizing tens of thousands of families in the United States that have endured a stillbirth, and seizing the opportunity to keep other families from experiencing the same tragedy; Sponsor: Hinson, Ashley [Rep.-R-IA-2]; Committees: House-Energy and Commerce

 

H.R.9684-To establish a grant program to facilitate peer-to-peer mental health support programs for secondary school students, and for other purposes; Sponsor: Beyer, Donald S. [Rep.-D-VA-8]; Committees: House-Energy and Commerce; Education and the Workforce

 

H.R.9686-To amend the Congressional Budget and Impoundment Control Act of 1974 to codify the Panel of Health Advisors within the Congressional Budget Office, and for other purposes; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House-Budget

 

H.R.9688-To amend titles XIX and XXI of the Social Security Act to provide for continuous eligibility for certain children under the Medicaid program and the Children’s Health Insurance Program; Sponsor: Castor, Kathy [Rep.-D-FL-14]; Committees: House-Energy and Commerce

 

H.R.9708-To ensure affordable health insurance coverage for low-income individuals in States that have not expanded Medicaid; Sponsor: Sewell, Terri A. [Rep.-D-AL-7]; Committees: House-Energy and Commerce; Ways and Means

House Speaker Pulls Proposed CR Amidst GOP Opposition-The House of Representatives cancelled a planned vote on a six-month continuing resolution (CR) last week due to internal disagreements amongst the Republican conference. House Speaker Mike Johnson (R-La.) stated that lawmakers would be working through the weekend to negotiate a stopgap spending bill that keeps the government open beyond the end of the fiscal year (FY) on September 30. The proposal released by House GOP leadership would have extended funding at FY 2024 levels through March 28, 2025. The CR also included Safeguard American Voter Eligibility (SAVE) Act (H.R.8281) requiring voters to show documentation of U.S. citizenship. Some GOP House members expressed opposition to continuing current funding levels, while others argued that the spending package should only last into December. Democrats are united in support of a clean, short-term CR that extends into the post-election lame duck session, and Senate Majority Leader Chuck Schumer (D-N.Y.) has said that his chamber will seek to pass a short-term spending patch free from any “poison pill” policy riders like the SAVE Act. Lawmakers have nine days in session before they are scheduled to return to the campaign trail for all of October.

 

 

 

 

House Passes BIOSECURE Bill-The House of Representatives passed BIOSECURE Act (H.R.8333) under suspension of the rules last week as a part of the chamber’s series of votes on 28 bills related to China. H.R.8333 would prohibit Chinese biotechnology companies of concern, or companies that use equipment or services from biotechnology companies of concern, from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. The bill was passed in a 306-81 vote, with 79 Democrats and two Republicans voting against the measure. BIOSECURE was opposed by House Democratic Leader Hakeem Jefferies (D-N.Y.) and House Rules Committee Ranking Member Jim McGovern (D-Mass.), who expressed concerns that the bill singled out certain companies without due process. The legislation would initially impact BGI Group, MGI, Complete Genomics, WuXi AppTec, and WuXi Biologics. The House also passed legislation requiring Senate approval of global pandemic agreements. The No WHO Pandemic Preparedness Treaty Without Senate Approval Act (H.R.1425) passed 219-199 in a largely party-line vote.

 

 

Education & Workforce Panel Advances Three Health Bills-The House Education and Workforce Committee marked up three health care related bills last week. The Healthy Competition for Better Care Act (H.R.3120) would permit more flexible contracting arrangements between health plans and providers, allowing insurers to enter into agreements with physicians and hospitals without having to contract with all the affiliated facilities across a health system. H.R.3120 was advanced by voice vote. The Transparent Telehealth Bills Act (H.R.9457) would ban hospitals from charging facility fees for care provided virtually. The bill was advanced in a 34-0 vote. The committee also advanced a resolution (H.J. Res.181) to reinstate a Trump-era insurance standard that was recently rescinded by the Biden administration. The policy expands access to association health plans, which are not required to adhere to certain Affordable Care Act coverage requirements and consumer protections. It was advanced in a 23-12 party-line vote.

 

 

House Panel Passes AI-Related Legislation-The House Committee on Science, Space, and Technology advanced nine bills last week to support the advancement of artificial intelligence (AI). Included in the markup was the Nucleic Acid Screening for Biosecurity Act (H.R.9194), which would authorize consortium activities at the National Institute of Standards and Technology to support the development and improvement of best practices and technical standards for biosecurity measures related to nucleic acid synthesis. The bill was favorably reported by voice vote.

 

 

HELP Schedules Vote to Hold Steward CEO In Contempt-Sen. Ed. Markey (D-Mass.) released a report last week on Steward Health Care, How Corporate Greed Hurt Patients, Health Workers, and Communities. Markey highlights patient and worker experiences, hospital quality data, and information on hospital closures in Massachusetts and around the country, citing Steward as “a case study of the extent of harm that corporate greed can have on health care access, quality, and safety.” According to the report, patients in Steward-owned hospitals experienced longer wait times in emergency departments and often worse outcomes compared to national averages. Markey has argued that the report “makes the case for why we need permanent guardrails against corporate greed in health care.”

 

Markey’s report was released the day prior to the Senate Health, Education, Labor, and Pensions (HELP) Committee’s hearing on the bankruptcy of Steward Health Care and the subsequent impact on patient care. Steward CEO Dr. Ralph de la Torre defied the panel’s subpoena to testify. It was the first subpoena issued by the panel since 1981. Committee leadership has now scheduled two votes for September 19: one for civil enforcement of the subpoena, and another for criminal contempt. If approved, the resolutions would be voted on by the full Senate. Depending on the outcome of the votes, the case could be referred to the U.S. Attorney for the District of Columbia, who could prosecute de la Torre for failure to comply with the subpoena.

 

 

 

E&C GOP Write CMS on Part D Stabilization Program-House Energy and Commerce Committee Republicans have sent a letter to the Centers for Medicare and Medicaid Services (CMS) outlining their concerns with the Medicare Part D premium stabilization demonstration program. The demonstration aims to address Medicare prescription drug plan premium growth over the next three years. The lawmakers argue that the demonstration could impact the viability of Medicare Part D in the long run, citing CMS’ estimate that the program will cost $5 billion in 2025, and “possibly much more in subsequent years.” The letter poses a series of questions for the agency and requests a response from CMS by October 4.

 

 

Cassidy Raises Concerns Regarding Implementation of Organ Donation System Reforms-Senate Health, Education, Labor, and Pensions Committee Ranking Member Bill Cassidy (R-La.) sent a letter to the Health Resources and Services Administration (HRSA) last week urging the agency to more quickly implement reforms to the nation’s organ transplant system that were mandated last year in the Securing the U.S. Organ Procurement and Transplantation Network Act. Amongst other questions, Cassidy asks HRSA to provide details about when it plans to hold a special election for new Organ Procurement and Transplantation Network (OPTN) board members, and about how the OPTN will ensure future both future and current board members do not have any conflicts of interest. Cassidy requests a response from HRSA by September 24. Cassidy’s inquiry was sent the same day as a House Energy and Commerce Subcommittee on Oversight and Investigations hearing on current efforts to improve the U.S. organ transplant system.

 

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	González-Colón (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

Upcoming Congressional Hearings and Markups

Senate Finance Committee hearing “Lower Health Care Costs for Americans: Understanding the Benefits of the Inflation Reduction Act;” 10:00 a.m.; September 17

 

Senate Judiciary Subcommittee on Privacy, Technology, and the Law hearing “Oversight of AI: Insiders’ Perspectives;” 2:00 p.m.; September 17

 

Senate Homeland Security and Governmental Affairs Committee continuation of July 24 and July 31 markup of pending legislation including S.4667, Risky Research Review Act; S.4697, Healthcare Cybersecurity Act; and S.4651, Securing America’s Federal Equipment (SAFE) in Supply Chains Act; 10:00 a.m.; September 18

 

House Ways and Means Subcommittee on Health hearing “Investing in a Healthier America: Chronic Disease Prevention and Treatment;” 2:00 p.m.; September 18

 

House Veterans’ Affairs Subcommittee on Health markup of pending legislation; 2:30 p.m.; September 18

 

House Veterans’ Affairs Subcommittee on Health hearing “Dial 988 +1: Examining the Operations of the Veterans Crisis Line;” 2:45 p.m.; September 18

 

Senate HELP Committee executive session regarding the refusal of Dr. Ralph de la Torre to appear and testify before the Committee; 10:00 a.m.; September 19

 

Senate HELP Committee hearing “Why Is Novo Nordisk Charging Americans with Diabetes and Obesity Outrageously High Prices for Ozempic and Wegovy?” 10:00 a.m.; September 24

 

Recently Introduced Health Legislation

H.R.9457-To amend the Employee Retirement Income Security Act of 1974 to prohibit increased payments under a group health plan or group health insurance coverage for telehealth services furnished by a provider located at a facility; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House-Education and the Workforce; Energy and Commerce

 

H.R.9463-To amend title 38, United States Code, to require that non-citizen appointees to positions in the Veterans Health Administration are subjected to background investigations prior to employment; Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Veterans’ Affairs

 

H.R.9466-To direct the National Institute of Standards and Technology to catalog and evaluate emerging practices and norms for communicating certain characteristics of artificial intelligence systems, including relating to transparency, robustness, resilience, security, safety, and usability, and for other purposes; Sponsor: Baird, James R. [Rep.-R-IN-4]; Committees: House-Science, Space, and Technology

 

H.R.9475-To authorize the Director of the National Science Foundation to identify grand challenges and award competitive prizes for artificial intelligence research and development; Sponsor: Lieu, Ted [Rep.-D-CA-36]; Committees: House-Science, Space, and Technology

 

H.R.9478-To amend title 38, United States Code, to include adaptive prostheses and terminal devices for sports and other recreational activities in the medical services furnished to eligible veterans by the Secretary of Veterans Affairs; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Veterans’ Affairs

 

H.R.9479-To amend the Internal Revenue Code of 1986 to establish a refundable credit for expenses incurred for in vitro fertilization; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Ways and Means

 

H.R.9484-To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes; Sponsor: McMorris Rodgers, Cathy [Rep.-R-WA-5]; Committees: House-Veterans’ Affairs

 

H.R.9485-To amend title 38, United States Code, to permit the voluntary transmission of patient contact information to certain religious or faith-based organizations by chaplains employed by the Department of Veterans Affairs, and for other purposes; Sponsor: Self, Keith [Rep.-R-TX-3]; Committees: House-Veterans’ Affairs

 

H.R.9493-To name the Department of Veterans Affairs community-based outpatient clinic in Las Cruces, New Mexico, the “Las Cruces Bataan Memorial Clinic”; Sponsor: Vasquez, Gabe [Rep.-D-NM-2]; Committees: House-Veterans’ Affairs

 

H.Res.1428-Supporting the designation of the week of September 15, 2024, through September 21, 2024, as “Telehealth Awareness Week”; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House-Energy and Commerce

 

H.R.9494-Sponsor: Higgins, Clay [Rep.-R-LA-3]; Committees: House-Appropriations; Budget

 

H.R.9496-To amend title 38, United States Code, to include a representative of the National Association of State Veterans Homes on the Geriatrics and Gerontology Advisory Committee of the Department of Veterans Affairs; Sponsor: Chavez-DeRemer, Lori [Rep.-R-OR-5]; Committees: House-Veterans’ Affairs

 

H.R.9497-To amend the National Artificial Intelligence Initiative Act of 2020 to establish a center on artificial intelligence to ensure continued United States leadership in research, development, and evaluation of the robustness, resilience, and safety of artificial intelligence systems, and for other purposes; Sponsor: Obernolte, Jay [Rep.-R-CA-23]; Committees: House-Science, Space, and Technology

 

H.R.9508-To amend the Internal Revenue Code of 1986 to allow certain veterinary expenses for pets and service animals to be treated as amounts paid for medical care for purposes of a health savings account or flexible savings account; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House-Ways and Means

 

H.Res.1432-Expressing support for the designation of September 10, 2024, as “National Firearm Suicide Prevention Day” to educate about the growing firearm suicide crisis in the United States and promote the importance of storing firearms safely and securely as an essential component of suicide prevention; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House-Energy and Commerce

 

H.Res.1436-Recognizing suicide as a serious public health problem and expressing support for the designation of September as “National Suicide Prevention Month” as well as September 10, 2024, as “World Suicide Prevention Day”; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Energy and Commerce

 

H.R.9520-To require the National Cyber Director to submit to Congress a plan to establish an institute within the Federal Government to serve as a centralized resource and training center for Federal cyber workforce development; Sponsor: Fallon, Pat [Rep.-R-TX-4]; Committees: House-Oversight and Accountability

 

H.R.9529-To provide funding for skilled nursing facility and nursing facility survey and certification activities under the Medicare and Medicaid programs; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Appropriations

 

S.Res.809-A resolution supporting the designation of September 13, 2024, as “National Sepsis Day”; Sponsor: Schumer, Charles E. [Sen.-D-NY]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5018-A bill to amend title XVIII of the Social Security Act to clarify and preserve the breadth of the protections under the Medicare Secondary Payer Act; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate-Finance

 

S.5021-A bill to ensure the accessibility of drugs furnished through the drug discount program under section 340B of the Public Health Service Act; Sponsor: Welch, Peter [Sen.-D-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5023-A bill to amend the Older Americans Act of 1965 to improve falls prevention research and activities, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5025-A bill to amend the Federal Fire Prevention and Control Act of 1974 to make available under the assistance to firefighters grant program the establishment of cancer prevention programs, and for other purposes; Sponsor: Helmy, George S. [Sen.-D-NJ]; Committees: Senate-Homeland Security and Governmental Affairs

 

S.5026-A bill to establish programs to reduce rates of sepsis; Sponsor: Schumer, Charles E. [Sen.-D-NY]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.R.9540-To amend the Controlled Substances Act to require regulated persons to identify tableting machines and encapsulating machines by serial number; Sponsor: Hageman, Harriet M. [Rep.-R-WY-At Large]; Committees: House-Energy and Commerce; Judiciary

 

S.Res.812-A resolution supporting the designation of September 20, 2024, as “National Concussion Awareness Day”; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5029-A bill to amend title XI of the Social Security Act to establish a research and development-intensive small biotech manufacturer exception from the Medicare drug price negotiation program; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate-Finance

 

S.5035-A bill to amend title 38, United States Code, to establish an external provider scheduling program to assist the Department of Veterans Affairs in scheduling appointments for care and services under the Veterans Community Care Program, and for other purposes; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate-Veterans’ Affairs

 

S.5040-A bill to provide for the regulation of certain communications regarding prescription drugs; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5044-A bill to authorize grants to implement school-community partnerships for preventing substance use and misuse among youth; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Judiciary

 

S.5046-A bill to require the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to publish a final rule relating to nonclinical testing methods; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Res.1444-Acknowledging and thanking America’s birth centers for their high quality and high value model of health care, and expressing support for the recognition of the week of September 14 through 20, 2024, as “National Birth Center Week”; Sponsor: Kim, Young [Rep.-R-CA-40]; Committees: House-Energy and Commerce

 

H.Res.1446-Denouncing the human trafficking and forced labor of and profiteering from Cuban medical personnel serving in third-world countries; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Foreign Affairs; Judiciary

 

H.Res.1448-Expressing the sense of the House of Representatives that every person has the basic right to emergency health care, including abortion care; Sponsor: Sykes, Emilia Strong [Rep.-D-OH-13]; Committees: House-Energy and Commerce

 

H.R.9550-To amend the Child Nutrition Act of 1966 to require the provision of training and information to certain personnel relating to food allergy identification and response, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House-Education and the Workforce

 

H.R.9572-To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to increase penalties for group health plans and health insurance issuers for practices that violate balance billing requirements, and for other purposes; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Energy and Commerce; Ways and Means; Education and the Workforce

 

H.R.9577-To amend the Public Health Service Act to establish a grant program to support models for providing stabilization services to individuals with serious thoughts of suicide, and for other purposes; Sponsor: Raskin, Jamie [Rep.-D-MD-8]; Committees: House-Energy and Commerce

 

H.R.9581-To amend the Public Health Service Act to establish the Substance Use Disorder Treatment and Behavioral and Mental Health Workforce Scholarship Program, and for other purposes; Sponsor: Salinas, Andrea [Rep.-D-OR-6]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9586-To prohibit Federal funds from being used to provide certain gender transition procedures to individuals in the custody of the Department of Homeland Security and the Department of Health and Human Services; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House-Energy and Commerce; Judiciary

 

House Republicans Release CR-Only 13 legislative days remain before lawmakers are scheduled to recess and return to the campaign trail until after election day. During that short time, Congress must pass a continuing resolution (CR) to avoid a government shutdown, with lawmakers also hoping to tackle the defense authorization, farm bill, and a slate of China-focused legislation. On Friday, House Republicans released the Continuing Appropriations and Other Matters Act, 2025 which would provide funding at fiscal year 2024 levels through March 28, 2025. The CR also includes the Safeguard American Voter Eligibility (SAVE) Act (H.R.8281) requiring voters to show documentation of U.S. citizenship. The House Rules Committee is scheduled to meet on Monday afternoon to consider the rule for the legislation which is planned to be considered by the full House later this week. Democrats are united in support of a clean, short-term CR that extends into the post-election lame duck session.

 

 

Biden Administration Sends Funding Requests for CR-The Office of Management and Budget (OMB) has sent Congress the President’s list of requested changes-or anomalies-for any CR that will otherwise extend government funding at current levels beyond the end of the fiscal year on September 30. The White House’s request includes the provision of an additional $50 million for the Centers for Disease Control and Prevention’s (CDC) respiratory virus preparedness and response efforts, $20 million for the CDC’s wastewater surveillance program, and $13 million to support the restructuring of the nation’s organ transplant system. The administration also requests $12 billion in mandatory funding for the Cost of War Toxic Exposures Fund at the Department of Veterans Affairs to address a budgetary shortfall.

 

House to Vote on China Bills This Week-The House of Representatives is scheduled to vote this week on the BIOSECURE Act (H.R.8333) under suspension of the rules. The legislation would prohibit Chinese biotechnology companies of concern, or companies that use equipment or services from biotechnology companies of concern, from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. BIOSECURE, which was advanced by the House Oversight Committee in a 40-1 vote, would initially impact BGI Group, MGI, Complete Genomics, WuXi AppTec, and WuXi Biologics.

 

Consideration of BIOSECURE is part of a large series of votes by the chamber on legislation relating to China. The House is also scheduled to vote of the-No WHO Pandemic Preparedness Treaty Without Senate Approval Act (H.R.1425) this week. The bill would deem the World Health Organization’s (WHO) pending agreement on pandemic preparedness as a treaty and subject it to a Senate vote prior to implementation in the U.S. Republicans have raised concerns relating to the nation’s financial obligations and U.S. sovereignty in opposing WHO’s global pandemic response efforts.

 

 

Steward CEO to Defy HELP Subpoena-The Senate Health, Education, Labor, and Pensions (HELP) Committee will move forward with a hearing on the bankruptcy of Steward Health Care and the subsequent impact on patient care despite Steward CEO Ralph de la Torre’s refusal to comply with a bipartisan subpoena compelling his testimony. De la Torre has asked for a postponement of the hearing until after legal proceedings related to Steward’s bankruptcy are resolved. “Dr. de la Torre will be held accountable for his greed and the damage he has caused the American people and our nation’s health care system,” HELP Chairman Bernie Sanders (I-Vt.) said in a statement. “With or without him, this hearing is going forward. We will expose his fraud, and put his greed on display. I look forward to hearing from patients, medical professionals, and community members whose lives have been upended by Dr. de la Torre and his private equity cronies.” The hearing is scheduled to take place on Thursday; the witness list has yet to be announced.

 

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	González-Colón (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

Upcoming Congressional Hearings and Markups

House Energy and Commerce Subcommittee on Health legislative hearing “Evaluating FDA Human Foods and Tobacco Programs;” 10:00 a.m.; September 10

 

House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions hearing “ERISA’s 50^th Anniversary: The Value of Employer-Sponsored Health Benefits;” 10:15 a.m.; September 10

 

House Select Subcommittee on the Coronavirus Pandemic hearing with former New York Governor Andrew Cuomo; 2:00 p.m.; September 10

 

House Veterans’ Affairs Subcommittee on Economic Opportunity hearing “Mission Transition: Evaluating Mental Health Support Programs for Separating Servicemembers;” 3:00 p.m.; September 10

 

House Veterans’ Affairs Subcommittee on Health legislative hearing including a DRAFT bill to include a representative of the National Association of State Veterans Homes on the Geriatrics and Gerontology Advisory Committee of the Department of Veterans Affairs (VA); DRAFT, Veterans’ Mental Health Access Act; DRAFT, To amend title 38, U.S.C., to require that non-citizen appointees to positions in the Veterans Health Administration are subjected to background investigations prior to employment; DRAFT, Enhancing Faith-Based Support for Veterans Act of 2024; DRAFT, No Wrong Door for Veterans Act; H.R.9324, Protecting Veteran Access to Telemedicine Services Act; DRAFT, Safeguarding VA’s Healthcare Workforce Act; DRAFT, The Veterans Supporting Prosthetics Opportunities and Recreational Therapy Act; DRAFT, Service Dogs Assisting Veterans Act; H.R.9146, Ensuring Continuity in Veterans Health Act; H.R.7504, Rural Veterans Transportation to Care Act; H.R.6330, Veterans Sentinel Act; H.R.8562, Parity for Native Hawaiian Veterans Act; H.R.6291, Have You Served Act; H.R.9301, To direct the Secretary of VA to include two counties in New Mexico in a certain Veterans Integrated Service Network; DRAFT, Conflict of Interest Waiver for VA Researchers; 10:00 a.m.; September 11

 

House Energy and Commerce Subcommittee on Oversight and Investigations hearing “A Year Removed: Oversight of Securing the U.S. Organ Procurement and Transplantation Network Act Implementation;” 10:30 a.m.; September 11

 

House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust hearing “The Role of Pharmacy Benefit Managers;” 2:00 p.m.; September 11

 

Senate HELP Committee hearing to examine the bankruptcy of Steward Health Care, focusing on how management decisions have impacted patient care; 10:00 a.m.; September 12

 

Senate HELP Committee hearing “Why Is Novo Nordisk Charging Americans with Diabetes and Obesity Outrageously High Prices for Ozempic and Wegovy?” 10:00 a.m.; September 24

 

Recently Introduced Health Legislation

H.Res.1418-Supporting the designation of March 2024 as Endometriosis Awareness Month; Sponsor: Scott, David [Rep.-D-GA-13]; Committees: House-Energy and Commerce

 

H.Res.1419-Supporting the goals of Overdose Awareness Day and strengthening efforts to combat the opioid crisis in the United States; Sponsor: Trahan, Lori [Rep.-D-MA-3]; Committees: House-Energy and Commerce

 

H.R.9425-To amend the Federal Food, Drug, and Cosmetic Act to authorize tobacco user fee assessments for all regulated tobacco products, and for other purposes; Sponsor: McClellan, Jennifer L. [Rep.-D-VA-4]; Committees: House-Energy and Commerce

 

H.R.9426-To direct the Secretary of Veterans Affairs to carry out a pilot program under which the Secretary may fill vacant shifts at medical facilities of the Department of Veterans Affairs with non-Department health care providers; Sponsor: Bost, Mike [Rep.-R-IL-12]; Committees: House-Veterans’ Affairs

 

H.R.9427-To direct the Secretary of Veterans Affairs to carry out a pilot program to provide grants to outpatient mental health facilities for the provision of culturally competent, evidence-based mental health care for veterans, and for other purposes; Sponsor: Bost, Mike [Rep.-R-IL-12]; Committees: House-Veterans’ Affairs

 

H.R.9436-To establish a National Science Foundation grant program to provide and strengthen opportunities for peer-led research regarding autism spectrum disorder and its characteristics in women, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Science, Space, and Technology Latest

 

H.R.9438-To amend and reauthorize the Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program of the Department of Veterans Affairs; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Veterans’ Affairs

 

H.R.9439-To authorize proceeds from any sale or any moneys forfeited under the Controlled Substances Act to be used for the Substance Use Prevention, Treatment, and Recovery Services Block Grant, and for other purposes; Sponsor: Molinaro, Marcus J. [Rep.-R-NY-19]; Committees: House-Judiciary; Energy and Commerce

 

H.R.9443-To amend the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services to share food safety information with State, local, Tribal, and Territorial authorities, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Energy and Commerce

 

H.R.9445-To direct the Secretary of Defense to replace certain syringes of the Department of Defense; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Armed Services

 

H.Res.1421-Supporting the goals of “Blood Cancer Awareness Month”; Sponsor: Fong, Vince [Rep.-R-CA-20]; Committees: House-Energy and Commerce

 

H.R.9446-To provide payment for patient navigator services under title XIX of the Social Security Act, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House-Energy and Commerce

 

H.R.9449-To direct the Secretary of Veterans Affairs to establish a list of covered providers that complete annual training on the prevention of suicide among veterans and to make such list available to veterans; Sponsor: Huizenga, Bill [Rep.-R-MI-4]; Committees: House-Veterans’ Affairs

House Plans Votes on China Legislation-House Republican leadership informed GOP members last week to expect a series of votes early this month on legislation relating to China, including the BIOESECURE Act (H.R.8333). The legislation would prohibit Chinese biotechnology companies of concern, or companies that use equipment or services from biotechnology companies of concern, from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. BIOSECURE, which was advanced by the House Oversight Committee in a 40-1 vote, would initially impact BGI Group, MGI, Complete Genomics, WuXi AppTec, and WuXi Biologics. A similar measure, the Prohibiting Foreign Access to American Genetic Information Act (S.3558) has strong bipartisan support in the Senate, but Sen. Rand Paul (R-Ky.) has stated that he would block fast-track passage of either bill. The No WHO Pandemic Preparedness Treaty Without Senate Approval Act (H.R.1425) has also been slated for consideration by the House. The bill would subject any World Health Assembly agreement on pandemics to a Senate vote.

 

Congress is scheduled to reconvene from August recess on September 9. Lawmakers are expected to spend the weeks leading up to the end of the fiscal year on September 30 negotiating a continuing resolution (CR) to extend funding at current levels and avoid a government shutdown. The GOP is still working to resolve intraparty disagreements over both the length of the CR as well as whether the stopgap spending bill should include additional policy riders. Democrats are united in support of a short-term CR that extends into the post-election lame duck session.

 

Comer Asks PBM Executives to Correct Testimony-House Oversight and Accountability Chairman James Comer (R-Ky.) has written to pharmacy benefit manager (PBM) executives accusing them of providing false testimony before the committee during a July hearing. Comer argues that statements made by CVS Health Corp., UnitedHealth Group Inc, and Cigna Group contradict findings by the committee and the Federal Trade Commission (FTC). The PBMs repeatedly asserted that they do not steer patients to their own pharmacies or pay affiliated pharmacies more favorable rates. Comer asks the three executives to “correct the record” by September 11.

 

Eli Lilly to Offer Lower Cost Weight Loss Drug Direct to Consumer-Eli Lilly & Co. announced that it will begin selling vials of its weight-loss drug Zepbound to patients for as low as $399 a month-about half of the cost to receive the drug via an auto-injector pen. The decision is a part of the company’s effort to increase the supply of Zepbound amid shortages of the drug. The vials will only be available through Lilly’s direct-to-consumer platform LillyDirect for patients who will pay for the treatment out-of-pocket. Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Bernie Sanders (I-Vt.) characterized the announcement as a “modest step forward” while noting that the weight loss treatments still remain unaffordable for many Americans. The CEO of Novo Nordisk, manufacturer of obesity medication Wegovy, is scheduled to testify at a hearing before the HELP Committee on September 24.

 

 

Rep. Caraveo Shares Struggle with Depression-Rep. Yadira Caraveo (D-Colo.) announced last week that she has sought treatment for depression at Walter Reed Medical Center. “I’m sharing this today because I believe we need to de-stigmatize mental illness-in Colorado and across our country. It is my hope that the millions of people who struggle with anxiety or any other mental health issues seek help,” she stated. Caraveo is a pediatrician who is serving her first term in the House of Representatives.

 

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	González-Colón (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

Upcoming Congressional Hearings and Markups

House Veterans’ Affairs Subcommittee on Economic Opportunity hearing “Mission Transition: Evaluating Mental Health Support Programs for Separating Servicemembers;” 3:00 p.m.; September 10

 

House Veterans’ Affairs Subcommittee on Health legislative hearing including a DRAFT bill to include a representative of the National Association of State Veterans Homes on the Geriatrics and Gerontology Advisory Committee of the Department of Veterans Affairs (VA); DRAFT, Veterans’ Mental Health Access Act; DRAFT, To amend title 38, U.S.C., to require that non-citizen appointees to positions in the Veterans Health Administration are subjected to background investigations prior to employment; DRAFT, Enhancing Faith-Based Support for Veterans Act of 2024; DRAFT, No Wrong Door for Veterans Act; H.R.9324, Protecting Veteran Access to Telemedicine Services Act; DRAFT, Safeguarding V’s Healthcare Workforce Act; DRAFT, The Veterans Supporting Prosthetics Opportunities and Recreational Therapy Act; DRAFT, Service Dogs Assisting Veterans Act; H.R.9146, Ensuring Continuity in Veterans Health Act; H.R.7504, Rural Veterans Transportation to Care Act; H.R.6330, Veterans Sentinel Act; H.R.8562, Parity for Native Hawaiian Veterans Act; H.R.6291, Have You Served Act; H.R.9301, To direct the Secretary of VA to include two counties in New Mexico in a certain Veterans Integrated Service Network; DRAFT, Conflict of Interest Waiver for VA Researchers; 10:00 a.m.; September 11

 

Senate HELP Committee hearing “Why Is Novo Nordisk Charging Americans with Diabetes and Obesity Outrageously High Prices for Ozempic and Wegovy?” 10:00 a.m.; September 24

 

Recently Introduced Health Legislation

H.R.9394-To amend the Internal Revenue Code of 1986 to reform health provisions, and for other purposes; Sponsor: Moore, Blake D. [Rep.-R-UT-1]; Committees: House-Ways and Means

 

H.R.9399-To require the Secretary of Veterans Affairs to carry out a pilot program to coordinate, navigate, and manage care and benefits for veterans enrolled in both the Medicare program and the system of annual patient enrollment of the Department of Veterans Affairs; Sponsor: Ciscomani, Juan [Rep.-R-AZ-6]; Committees: House-Veterans’ Affairs

 

H.R.9402-To support National Science Foundation education and professional development relating to artificial intelligence, and for other purposes; Sponsor: Fong, Vince [Rep.-R-CA-20]; Committees: House-Science, Space, and Technology

 

H.R.9403-To support a broad and diverse interdisciplinary research community for the advancement of artificial intelligence (AI) and AI-powered innovation through partnerships and capacity building at certain institutions of higher education and other institutions to expand AI capacity in populations historically underrepresented in STEM, and for other purposes; Sponsor: Foushee, Valerie P. [Rep.-D-NC-4]; Committees: House-Science, Space, and Technology

 

H.Res.1416-Expressing support for the designation of the week of August 25, 2024, through August 31, 2024, as “Black Breastfeeding Week”; Sponsor: Adams, Alma S. [Rep.-D-NC-12]; Committees: House-Energy and Commerce

 

H.R.9412-To enhance the cybersecurity of the Healthcare and Public Health Sector; Sponsor: Crow, Jason [Rep.-D-CO-6]; Committees: House-Homeland Security; Energy and Commerce

 

H.R.9416-To recognize the right to assisted reproductive technology and to limit liability for certain actions committed during the course of providing assisted reproductive technology; Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House-Energy and Commerce; Judiciary

 

H.R.9417-To amend titles XVIII and XIX of the Social Security Act and title XXVII of the Public Health Service Act to provide no-cost coverage for annual screening mammography beginning at 30 years of age; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9422-To amend titles XIX and XXI of the Social Security Act to add a new State plan amendment option to provide medical assistance for certain individuals who are patients in certain institutions for mental diseases; Sponsor: Pettersen, Brittany [Rep.-D-CO-7]; Committees: House-Energy and Commerce

DNC Approves 2024 Party Platform During Chicago Convention-The Democratic National Committee (DNC) finalized its platform during the Democratic convention in Chicago last week. The 2024 platform reiterates the party’s commitment to protecting Medicare, Medicaid, and the Affordable Care Act (ACA). Under the platform, Democrats would permanently extend enhanced ACA premium subsidies; create dental, vision, and hearing benefits under the Medicare program; and ban surprise billing for ground ambulance services. Democrats would add “at least” 50 drugs annually to the Medicare drug price negotiation program and would create a model to limit Medicare cost sharing for some generic drugs to $2. The DNC also promises to increase transparency around the pharmacy benefit manager industry. The platform supports expansion of the Medicaid program, including through increasing postpartum coverage to a full year, but would require Medicaid managed care organizations to return excess funding to states. The platform promises to “keep using antitrust laws to stop hospital, insurance, and Big Pharma mergers that undermine competition and increase health care prices for consumers.” The DNC proposes to exclude all medical debt from credit reporting and calls for strengthening the nation’s mental and behavioral health care system. Democrats would also repeal the Hyde amendment and codify access to abortion and in vitro fertilization services. While Kamala Harris did not spend much time discussing health care issues during her speech accepting the Democratic presidential nomination, she did pledge to protect Medicare and the ACA, and to address rising health care costs. Harris also warned about the potential impact of a second Trump presidential term on reproductive rights and access to birth control and abortion.

 

Bipartisan Lawmakers Write FDA on China-Linked Clinical Trials-A bipartisan group of lawmakers are asking the Food and Drug Administration (FDA) for details about U.S. pharmaceutical companies conducting clinical trials with medical centers affiliated with the Chinese military. The letter outlines the national security risks and ethical concerns associated with trials that have taken place in Xinjiang as well as hospitals affiliated with the People’s Liberation Army (PLA). The lawmakers cite data indicating that over the last ten years, major U.S. biopharmaceutical companies have conducted hundreds of clinical trials in China that included at least one entity with PLA in the name as a research trial partner. “The United States needs the FDA to take on a greater role in protecting U.S. national security interests. With this data, it is clear that the FDA should play a greater role in analyzing U.S. biopharma entities clinical trial operations in the People’s Republic of China,” the lawmakers argue. The letter was led by Chairman and Ranking Member of the House Select Committee on the Chinese Communist Party John Mollenaar (R-Mich.) and Raja Krishnamoorthi (D-Ill.), and signed by Energy and Commerce Health Subcommittee Ranking Member Anna Eshoo (D-Calif.) and Rep. Neal Dunn (R-Fla.).

 

CBO Updates ACA Subsidy Cost Estimate-The Congressional Budget Office (CBO) estimates that spending on ACA premium tax credits have doubled since it was first calculated in 2020 because of high enrollment. CBO originally estimated a cost of $600 billion between 2021 and 2040; the agency’s updated projection stands at $1.3 trillion between 2025 and 2034. According to CBO, the change is primarily a result of legislation in 2021 and 2022 expanding the premium tax credit through 2025. The update comes in response to a question for the record from Senate Budget Committee Ranking Member Chuck Grassley (R-Iowa) about CBO’s report An Update to the Budget and Economic Outlook: 2024 to 2034.

 

 

GAO Examines FDA’s Medical Device Postmarket Surveillance System-The Government Accountability Office (GAO) has released a new report reviewing the FDA’s work to establish an active postmarket surveillance system for medical devices. GAO’s review details the two key challenges faced by the agency is establishing this system-the limited use of unique device identifiers in electronic health records and billing claims, and funding considerations to support active surveillance. A 2018 study of FDA data found that more than 1.7 million injuries and 83,000 deaths over a ten-year period were potentially linked to medical devices.

 

Second Lawsuit Filed Against FDA LDT Rule-The Association for Molecular Pathology (AMP) filed a lawsuit on Monday against the FDA’s laboratory developed test (LDT) final rule. AMP’s suit cites the Loper Bright Enterprises v. Raimondo Supreme Court ruling, which overturned the Chevron doctrine, in arguing against the LDT final rule. The American Clinical Laboratory Association (ACLA) filed a lawsuit against the final rule in May, before Chevron was overturned. Among other complaints, AMP and ACLA both assert that FDA exceeded their statutory authority in promulgating the LDT final rule and have asked the courts to prohibit FDA from regulating LDTs as medical devices.

 

Judge Blocks FTC’s Ban on Noncompete Agreements-Last week, a federal judge blocked the Federal Trade Commission’s (FTC) nationwide ban on employee noncompete agreements. The judge from the U.S. District Court for the Northern District of Texas argued that the FTC lacked legal authority to prohibit restrictive employment contracts and that the ban was “the product of an unconstitutional exercise of power.” The decision cited the Supreme Court’s Loper Bright Enters. v. Raimondo decision-which overturned the Chevron deference-multiple times. According to an agency spokesperson, the FTC is “seriously” considering an appeal. The FTC rule had been set to take effect on September 4.

 

 

Fourteen Term Democrat Pascrell Dies at 87-Rep. Bill Pascrell (D-N.J.) passed away last Wednesday following a July hospitalization for a respiratory infection. Pascrell, 87, was one of the oldest members of the House of Representatives. He was first elected to Congress in 1996 and served on the Ways and Means Committee. Party officials from New Jersey’s 9^th congressional district will select a new candidate for the November election; the deadline to replace Pascrell on the ballot is August 29. There are now 220 Republicans, 211 Democrats, and four vacancies in the House.

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	Rosendale (R), MT
Eshoo (D), CA	Carl (R), AL
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Posey (R), FL
Sablan (D), MP	González-Colón (R), PR
Ruppersberger (D), MD	Graves (R), LA
Kuster (D), NH	Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

Upcoming Congressional Hearings and Markups

Senate HELP Committee hearing “Why Is Novo Nordisk Charging Americans with Diabetes and Obesity Outrageously High Prices for Ozempic and Wegovy?” 10:00 a.m.; September 24

 

Recently Introduced Health Legislation

H.R.9365-To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program of pharmacist services; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9367-To amend the Federal Food, Drug, and Cosmetic Act to require a recall of electronic nicotine delivery systems that have not been subject to premarket review, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House-Energy and Commerce

 

H.R.9382-To amend the Federal Food, Drug, and Cosmetic Act to add alpha-gal to the definition of “major food allergen;” Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House-Energy and Commerce

 

H.R.9383-To amend the Older Americans Act of 1965 to include screening for loneliness and coordination of supportive services and health care to address the negative health effects of loneliness, to require a report on loneliness, and for other purposes; Sponsor: Banks, Jim [Rep.-R-IN-3]; Committees: House-Education and the Workforce

 

H.R.9384-To amend title XVIII of the Social Security Act to require the Secretary of Health and Human Services to provide an explanation of benefits not later than 30 days after an item or service is furnished under the Medicare program; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House-Ways and Means; Energy and Commerce

Hoyer Recovers from Mild Stroke-Rep. Steny Hoyer (D-Md.), 85, experienced a stroke on August 11, the congressman’s office announced last week. He is not experiencing any lingering symptoms following treatment for the mild ischemic stroke. Hoyer, the former House majority leader, is expected to resume his normal schedule this week.

 

 

George Helmy Tapped to Fill Menendez’s Senate Seat-New Jersey Governor Phil Murphy (D) has appointed his former chief of staff George Helmy to fill the seat of Sen. Bob Menendez (D) until early next year. Menendez was convicted on federal corruption charges last month and will resign from the Senate effective August 20. Helmy is an executive vice president at the New Jersey health system RWJ Barnabas Health and is on the Board of Commissioners of the Port Authority of New York and New Jersey. Rep. Andy Kim (D) is heavily favored to win the full six-year term in the November election, in which Menendez has filed to run as an independent. It remains unclear whether Menendez will remain on the ballot.

 

White House Announces First 10 Negotiated Medicare Drug Prices-On Thursday, the Biden administration announced the maximum fair prices of the first 10 drugs selected for the Medicare price negotiation process established by the Inflation Reduction Act in 2022. The new prices will go into effect for people with Medicare Part D prescription drug coverage starting January 1, 2026.

 

The White House estimates that if the new prices had been in effect last year, Medicare would have saved an estimated $6 billion, or 22%, across the 10 selected drugs. Approximately nine million people with Medicare use at least one of the 10 selected drugs, and these individuals are expected to see aggregated estimated savings of $1.5 billion in out-of-pocket costs in 2026. Throughout the negotiation process, the Centers for Medicare and Medicaid Services (CMS) raised its offers for each drug following discussions with the pharmaceutical manufacturer, while many of the manufacturers lowered their counteroffers. CMS will select up to 15 more Part D drugs for negotiation for 2027 by February 1, 2025. The agency will select up to 15 more drugs covered by Part B or Part D for 2028, and up to 20 more Part B or Part D drugs for each year after that.

 

 

President Announces New Cancer Moonshot Research Awards-President Joe Biden announced $150 million in new Advanced Research Projects Agency for Health awards as a part of his Cancer Moonshot initiative last week. The new grants will support eight teams of researchers at Tulane University; Dartmouth College; Johns Hopkins University; Rice University; the University of California, San Francisco; the University of Illinois Urbana-Champaign; the University of Washington; and Cision Vision in Mountain View, California working to improve tumor removal technologies for people with cancer. The President has stated that the Cancer Moonshot will be a priority of his final months in office. Biden’s Cancer Moonshot, originally authorized as part of the 21^st Century Cures Act while Biden was Vice President, aims to ultimately reduce the nation’s cancer death rate by 50% over the next 25 years.

 

 

Congressional Retirements and Resignations-A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Burgess, MD (R), TX
Trone (D), MD	Wenstrup, DPM (R), OH
Blunt Rochester (D), DE	McHenry (R), NC
Napolitano (D), CA	Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA	Curtis (R), UT
Kim, Andy (D), NJ	Luetkemeyer (R), MO
Jackson, Jeff (D), NC	Lamborn (R), CO
Sarbanes (D), MD	Bucshon, MD (R), IN
Blumenauer (D), OR	Pence (R), IN
Kilmer (D), WA	Duncan (R), SC
Spanberger (D), VA	Armstrong (R), ND
Kildee (D), MI	McMorris Rodgers (R), WA
Phillips (D), MN	Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA	LaTurner (R), KS
Eshoo (D), CA	Graves (R), LA
Manning (D), NC
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

Upcoming Congressional Hearings and Markups

Senate HELP Committee hearing “Why Is Novo Nordisk Charging Americans with Diabetes and Obesity Outrageously High Prices for Ozempic and Wegovy?” 10:00 a.m.; September 24

 

 

Recently Introduced Health Legislation

H.R.9328-To amend title 38, United States Code, to establish additional presumptions of service connection for certain diseases that occur in veterans who suffered toxic exposure while serving at Karshi Khanabad Air Base, Uzbekistan; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Veterans’ Affairs

 

H.R.9333-To amend the Internal Revenue Code of 1986 to provide an income tax credit for the costs of certain fertility treatments; Sponsor: Kean, Thomas H. [Rep.-R-NJ-7]; Committees: House-Ways and Means

 

H.R.9335-To direct the Secretary of Defense to carry out a pilot program to provide services from midwives to covered beneficiaries under the TRICARE program; Sponsor: Kilmer, Derek [Rep.-D-WA-6]; Committees: House-Armed Services

 

H.R.9350-To direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to revise part 71 of title 42, Code of Federal Regulations, to allow for the import of certain dogs without rabies vaccination documentation or an import form, and for other purposes; Sponsor: Kennedy, Timothy M. [Rep.-D-NY-26]; Committees: House-Energy and Commerce

 

H.R.9351-To amend title XIX of the Social Security Act to modify certain limitations on disproportionate share hospital payment adjustments under the Medicaid program; Sponsor: LaLota, Nick [Rep.-R-NY-1]; Committees: House-Energy and Commerce

 

H.R.9352-To amend title XXVII of the Public Health Service Act and title 5, United States Code, to require group health plans, health insurance issuers offering group or individual health insurance coverage, and Federal Employees Health Benefits Program health benefits plans to meet certain requirements with respect to medical child support orders, and for other purposes; Sponsor: Norton, Eleanor Holmes [Del.-D-DC-At Large]; Committees: House-Energy and Commerce; Ways and Means; Oversight and Accountability