Hart Health Strategies

Congress Passes Stopgap Spending Bill – Congress passed a continuing resolution (CR) last week ahead of Friday’s deadline for avoiding a federal government shutdown. The Full-Year Continuing Appropriations and Extensions Act, 2025 mostly funds the federal government at current discretionary spending levels through the end of fiscal year 2025 on September 30. It also extends the health provisions, including telehealth flexibilities, that were included in the December 2024 CR until September 30/October 1, 2025. It does not include any additional health provisions such as an update to Medicare physician fee schedule payments. The House of Representatives passed the seven-month funding patch on Tuesday in a 217-213 vote. Democrat Jared Golden (ME) voted yes, while Republican Thomas Massie (KY) voted no. The bill was passed by the Senate on Friday in a 54-46 vote. Sens. Jeanne Shaheen (D-N.H.) and Angus King (I-Maine) voted yes, while Sen. Rand Paul, MD (R-Ky.) voted no.

 

In the days leading up to the vote, Senate Democrats had weighed the potential consequences of forcing a government shutdown, with Senate Minority Leader Chuck Schumer (D-N.Y.) eventually concluding that a shutdown was not worth the risk of empowering the Trump administration and Department of Government Efficiency to make further cuts to government agencies. Eight Democratic votes were necessary to meet the 60-vote procedural threshold prior to final bill passage. Ten Democrats – Sens. Schumer, John Fetterman (Pa.), Catherine Cortez Masto (Nev.), Dick Durbin (Ill.), Brian Schatz (Hawaii), Gary Peters (Mich.), Kirsten Gillibrand (N.Y.), Maggie Hassan (N.H.), Jeanne Shaheen (N.H.), and Angus King (I-Maine) — ultimately joined Republicans in voting to advance the bill, setting up final passage later that day.

 

Murphy, Carter Secure Assurances on Reconciliation Package – Republican leadership of the House of Representatives reportedly have agreed to address cuts to Medicare physician payments in the forthcoming reconciliation bill to advance President Donald Trump’s domestic policy agenda. Rep. Greg Murphy, MD (R-N.C.) announced in a social media post last week that Speaker Mike Johnson (R-La.) and Majority Leader Steve Scalise (R-La.) will eliminate the 2.8% physician payment cut that took effect in January via the budget reconciliation process. Murphy, who co-chairs the GOP Doctors Caucus, had originally pushed for inclusion of the doc-fix in the December 2024 year-end package, and again in the continuing resolution passed last week. Congress is also under pressure from physician organizations to address the cut: more than 100 groups wrote to lawmakers asking them to take a stand to protect Medicare patient access and insist that language on the 2025 Medicare physician payment cut be added to the government funding package before the vote.

 

Rep. Buddy Carter (R-Ga.) told reporters last week that he too had received a commitment from GOP leadership to include measures to overhaul the pharmacy benefit manager (PBM) industry in the Republican reconciliation bill. Carter chairs the House Energy and Commerce Subcommittee on Health and is a champion of PBM reform. He recently acknowledged that PBM regulations for the commercial market are unlikely to qualify under the Senate’s Byrd rule, which dictates what provisions can be included in a budget reconciliation package. Carter believes PBM proposals impacting Medicare and Medicaid, however, would qualify.

 

Democratic Physician Lawmakers Form New Caucus – The Congressional Doctors Caucus has officially been included in the 119^th Congressional Member and Staff Organizations (Caucuses) list.  The co-chairs include all six Democratic physicians in the House of Representatives: Ami Bera (CA), Raul Ruiz (CA), Kim Schrier (WA), Maxine Dexter (OR), Kelly Morrison (MN), and Herb Conaway (NJ). Upon passage of the Full-Year Continuing Appropriations and Extensions Act, 2025 last week, the group released a statement criticizing Republicans’ failure to include a fix to the physician fee schedule cuts that went into effect at the start of 2025. “The Trump Administration and Republican leadership has once again turned its back on physicians and patients across the country…These reimbursement cuts will only worsen the physician workforce shortage, increase consolidation in the health care industry, close rural practices, and further drive up costs for seniors,” the lawmakers stated.

 

Trump Administration Health Personnel Update – The Senate Health, Education, Labor, and Pensions (HELP) Committee advanced the nominations of Martin Makary, MD to serve as Commissioner of Food and Drugs, and Jay Bhattacharya, MD to serve as Director of the National Institutes of Health. Democrats Maggie Hassan (N.H.) and John Hickenlooper (Colo.) joined Republicans in support of Makary’s nomination, which advanced in a 14-9 vote. Bhattacharya’s nomination was advanced in a 12-11 party-line vote. Both nominees are expected to be confirmed by the full Senate when they return from a scheduled recess.

 

The White House withdrew the nomination of Dave Weldon, MD to serve as Director of the Centers for Disease Control and Prevention (CDC) on Thursday, the same day Dr. Weldon was scheduled to appear before the HELP Committee for the first ever CDC director confirmation hearing. HELP Committee Chair Bill Cassidy, MD (R-La.) stated that the panel did not have the votes to advance Weldon’s nomination. According to reports, some Senate Republicans had raised concerns about the nominee’s views on vaccines, as well as his lack of strategic vision for the CDC and understanding of how the agency operates. During his time in Congress, the former Florida GOP representative repeatedly questioned the safety of vaccines and promoted the claim that vaccines cause autism. The White House has not yet announced a new nominee to lead the CDC.

 

Mehmet Oz, MD appeared before the Senate Finance Committee for his nomination hearing to serve as Administrator of the Centers for Medicare and Medicaid Services. During his testimony, Dr. Oz – one of the nation’s best-known doctors and a former U.S. Senate candidate – highlighted the three big ideas he will pursue if confirmed by the Senate: empowering beneficiaries with better tools and more transparency so they can better manage their health and navigate the complex health care system; incentivizing health care providers to optimize their care with real time information within their workflow; and modernizing tools to reduce fraud, waste, and abuse. During the hearing, Oz faced questions about potential cuts to the Medicaid program as well as how to address Medicare Advantage’s (MA) use of prior authorization and improve the overall value of the MA program.

 

Cassidy Forms CDC Working Group – Senate HELP Committee Chair Bill Cassidy, MD (R-La.) announced the formation of a GOP working group to reform the CDC. In a press release to mark the launch of the working group, Cassidy cited his concerns with the weaknesses of the agency that were exposed by the COVID-19 pandemic. “The public depends on CDC to deliver clear, unbiased health guidance, especially in times of crisis,” Cassidy stated. “While I’m encouraged the Trump administration is committed to improving health transparency, we need lasting legislative reforms to ensure CDC is able to meet Americans’ public health needs.”  The group is comprised of Sens. Ron Johnson (R-Wis.), Mike Lee (R-Utah), Roger Marshall, MD (R-Kan.), Lisa Murkowski (R-Alaska), Rand Paul, MD (R-Ky.), and Tim Scott (R-S.C.).

 

Shaheen Announces Plans to Retire – Sen. Jeanne Shaheen (D-N.H.) announced last week that she will not run for reelection next year. Shaheen was first elected to the Senate in 2008. She currently serves on the Appropriations Committee and is the top-ranking Democrat on the Senate Foreign Relations Committee. She is the third Senate Democrat to announce their retirement this year, alongside Sens. Gary Peters (Mich.) and Tina Smith (Minn.).

 

Arizona Democrat Raúl Grijalva Dies at 77 – Rep. Raúl Grijalva (D-Ariz.) passed away on March 13 at the age of 77. The Arizona congressman was undergoing treatment for lung cancer. First elected to Congress in 2002, he served as a member of the House Education and Labor Committee, was Chair Emeritus of the Congressional Progressive Caucus, and a member of the Congressional Hispanic Caucus. A special primary election will be held on July 15 and a special general election on September 23. Until his seat is filled, the GOP will hold a 218-213 majority, meaning they can lose two Republicans on any party-line vote.

 

Medical Groups Urge NIH to Reconsider Indirect Cost Cap – Over 40 of the nation’s leading medical organizations have sent a joint letter to the National Institutes of Health (NIH) expressing concerns over the agency’s proposal to impose a 15% cap on indirect cost rates for all NIH grants. The letter underscores the potential impact of this change on the long-term sustainability of the U.S. biomedical research enterprise. “The collateral damage of this policy, if implemented, will be profound and generational, reshaping the future of scientific progress in ways that cannot be easily undone,” the letter states. “Beyond its immediate financial strain, the policy introduces significant procedural and structural issues that undermine the integrity of federal research funding.”

 

Upcoming Congressional Hearings and Markups

House Veterans’ Affairs Subcommittee on Technology Modernization oversight hearing “Closing the Data Gap: Improving Interoperability Between VA and Community Providers;” 3:00 p.m.; March 24

 

House Veterans’ Affairs Subcommittee on Health oversight hearing “Breaking Down Barriers: Getting Veterans ACCESS to Lifesaving Care;” 2:30 p.m.; March 25

 

Recently Introduced Health Legislation

S.921 — A bill to direct the Secretary of Health and Human Services to issue guidance on whether hospital emergency departments should implement fentanyl testing as a routine procedure for patients experiencing an overdose, and for other purposes; Sponsor: Banks, Jim [Sen.-R-IN]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.Res.209 — Expressing support for the designation of April 5, 2025, as “Barth Syndrome Awareness Day”; Sponsor: Tonko, Paul [Rep.-D-NY-20]; Committees: House – Energy and Commerce

 

H.Res.210 — Supporting the goals and ideals of National Women and Girls HIV/AIDS Awareness Day; Sponsor: Waters, Maxine [Rep.-D-CA-43]; Committees: House – Energy and Commerce; Foreign Affairs

 

H.J.Res.76 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)”; Sponsor: Higgins, Clay [Rep.-R-LA-3]; Committees: House – Energy and Commerce

 

H.R.1968 — Full-Year Continuing Appropriations and Extensions Act, 2025; Sponsor: Cole, Tom [Rep.-R-OK-4]; Committees: House – Appropriations; Budget

 

H.R.1969 — 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.1970 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to reimburse State homes for the cost of, or to furnish to State homes, certain costly medications provided to veterans who receive nursing home care in such State homes, and for other purposes; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Veterans’ Affairs

 

H.R.1971 — 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.1972 — To amend title 38, United States Code, to establish the period during which the referral of a veteran, made by a health care provider of the Department of Veterans Affairs, to a non-Department provider, for care or services under the Community Care Program of such Department, remains valid; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Veterans’ Affairs

 

H.R.1978 — To direct the Secretary of Defense to develop a strategy to treat obesity as a disease and reduce the prevalence of obesity in certain Armed Forces, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Armed Services

 

H.R.1980 — To reauthorize and make improvements to the State medical stockpile pilot program administered by the Office of the Assistant Secretary for Preparedness and Response through fiscal year 2030; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Energy and Commerce

 

H.R.2001 — To amend the Public Health Service Act to reauthorize a grant program for addressing dental workforce needs; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Energy and Commerce

 

H.R.2002 —To amend title XXX of the Public Health Service Act to establish standards and protocols to improve patient matching; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.2004 — To direct the Secretary of Health and Human Services to issue guidance on whether hospital emergency departments should implement fentanyl testing as a routine procedure for patients experiencing an overdose, and for other purposes; Sponsor: Lieu, Ted [Rep.-D-CA-36]; Committees: House – Energy and Commerce

 

H.R.2005 — To direct the Secretary of Health and Human Services to provide for certain adjustments to Medicare payment for items of durable medical equipment that were formerly included in round 2021 of the DMEPOS competitive bidding program; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.2013 — To amend title XVIII of the Social Security Act to provide for eligibility for coverage of home health services under the Medicare program on the basis of a need for occupational therapy; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.2015 — To amend title XVIII of the Social Security Act to prohibit hospitals from taking into account vaccination status in selecting organ recipients; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Ways and Means; Energy and Commerce

 

S.J.Res.36 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to “Prohibition on Creditors and Consumer Reporting Agencies Concerning Medical Information (Regulation V)”; Sponsor: Rounds, Mike [Sen.-R-SD]; Committees: Senate – Banking, Housing, and Urban Affairs

 

S.927 — A bill to amend title XIX of the Social Security Act to ensure accurate payments to pharmacies under Medicaid and to prevent the use of abusive spread pricing practices under Medicaid; Sponsor: Welch, Peter [Sen.-D-VT]; Committees: Senate – Finance

 

S.931 — A bill to amend title XVIII of the Social Security Act to provide incentives for behavioral health integration; Sponsor: Cortez Masto, Catherine [Sen.-D-NV]; Committees: Senate – Finance

 

S.932 — A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for other purposes; Sponsor: Mullin, Markwayne [Sen.-R-OK]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.939 — A bill to amend title XVIII of the Social Security Act to provide coverage for dental and oral health care, hearing care, and vision care under the Medicare program; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate – Finance

 

S.942 — A bill to amend the Higher Education Act of 1965 to provide for interest-free deferment on student loans for borrowers serving in a medical or dental internship or residency program; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.946 — A bill to clarify training requirements for prescribers of controlled substances; Sponsor: Bennet, Michael F. [Sen.-D-CO]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.957 — A bill to amend the Public Health Service Act to eliminate consideration of the income of organ recipients in providing reimbursement of expenses to donating individuals, and for other purposes; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.958 — A bill to support the use of technology in maternal health care, and for other purposes; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.2028 — To amend the Higher Education Act of 1965 to provide for interest-free deferment on student loans for borrowers serving in a medical or dental internship or residency program; Sponsor: Babin, Brian [Rep.-R-TX-36]; Committees: House – Education and Workforce

 

H.R.2039 — To prohibit the President and the Secretary of Health and Human Services from declaring certain emergencies or disasters for the purpose of imposing gun control; Sponsor: Cloud, Michael [Rep.-R-TX-27]; Committees: House – Transportation and Infrastructure; Energy and Commerce

 

H.R.2040 — To authorize funding for the creation and implementation of infant mortality pilot programs in standard metropolitan statistical areas with high rates of infant mortality, and for other purposes; Sponsor: Cohen, Steve [Rep.-D-TN-9]; Committees: House – Energy and Commerce

 

H.R.2041 — To amend the Employee Retirement Income Security Act of 1974 to clarify and strengthen the application of certain employer-sponsored health plan disclosure requirements; Sponsor: Courtney, Joe [Rep.-D-CT-2]; Committees: House – Education and Workforce

 

H.R.2044 — To amend the Public Health Service Act to establish a grant program to provide self-harm and suicide prevention services in primary care offices, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House – Energy and Commerce

 

H.R.2045 — To amend title XVIII of the Social Security Act to provide for coverage of dental, vision, and hearing care under the Medicare program; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.2048 — To amend title II of the Social Security Act to eliminate the waiting periods for disability insurance benefits and Medicare coverage for individuals with metastatic breast cancer, and for other purposes; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Committees: House – Ways and Means

 

H.R.2049 — To prohibit the limitation of access to assisted reproductive technology, and all medical care surrounding such technology; Sponsor: Gillen, Laura [Rep.-D-NY-4]; Committees: House – Energy and Commerce

 

H.R.2062 — To amend the Internal Revenue Code of 1986 to treat membership in a health care sharing ministry as a medical expense, and for other purposes; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House – Ways and Means

 

H.R.2068 — To amend title 38, United States Code, to improve the assignment of patient advocates at medical facilities of the Department of Veterans Affairs, and for other purposes; Sponsor: Moolenaar, John R. [Rep.-R-MI-2]; Committees: House – Veterans’ Affairs

 

H.R.2075 — To prohibit the Federal Government from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, and to prohibit the solicitation or knowing acquisition, receipt, or acceptance of a donation of such tissue; Sponsor: Onder, Robert [Rep.-R-MO-3]; Committees: House – Energy and Commerce

 

H.R.2079 — To amend the Patient Protection and Affordable Care Act to reduce fraudulent enrollments in qualified health plans, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House – Energy and Commerce

 

H.R.2082 — To amend title II of the Social Security Act to provide for long-term care insurance benefits, and for other purposes; Sponsor: Suozzi, Thomas R. [Rep.-D-NY-3]; Committees: House – Ways and Means

 

H.R.2085 — To amend the Internal Revenue Code of 1986 to provide for a credit against tax for expenses for translational research regarding neurodegenerative diseases and psychiatric conditions; Sponsor: Thompson, Mike [Rep.-D-CA-4]; Committees: House – Ways and Means

 

S.975 – A bill to establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas; Sponsor: Kaine, Tim [Sen.-D-VA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.976 — A bill to amend the Patient Protection and Affordable Care Act to reduce fraudulent enrollments in qualified health plans, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.977 — A bill to prohibit taxpayer-funded gender transition procedures, and for other purposes; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate – Finance

 

S.983 — A bill to direct the Administrator of the Centers for Medicare & Medicaid Services to clarify that implanted active middle ear hearing devices are prosthetics and are not subject to the hearing aid coverage exclusion under the Medicare program; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Finance

 

S.987 — A bill to prohibit the Federal Government from conducting, funding, approving, or otherwise supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, and to prohibit the solicitation or knowing acquisition, receipt, or acceptance of a donation of such issue; Sponsor: Hyde-Smith, Cindy [Sen.-R-MS]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.992 — A bill to authorize funding for the creation and implementation of infant mortality pilot programs in standard metropolitan statistical areas with high rates of infant mortality, and for other purposes; Sponsor: Van Hollen, Chris [Sen.-D-MD]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.998 — A bill to authorize the President to enter into trade agreements for the reciprocal elimination of duties or other import restrictions with respect to medical goods to contribute to the national security and public health of the United States, and for other purposes; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate – Finance

 

S.999 — A bill to reform the Centers for Disease Control and Prevention, limit the scope of public health authorities, and for other purposes; Sponsor: Schmitt, Eric [Sen.-R-MO]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.1004 — A bill to reauthorize the program to support residential treatment programs for pregnant and postpartum women, and for other purposes; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.1007 — A bill to amend title V of the Public Health Service Act to secure the suicide prevention lifeline from cybersecurity incidents, and for other purposes; Sponsor: Mullin, Markwayne [Sen.-R-OK]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.1022 — A bill to reauthorize the program for strengthening communities of recovery for individuals with substance use disorders; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.1031 — A bill to amend Title XVIII of the Social Security Act to create a Radiation Oncology Case Rate Value Based Payment Program exempt from budget neutrality adjustment requirements, and to amend section 1128A of title XI of the Social Security Act to create a new statutory exception for the provision of free or discounted transportation for radiation oncology patients to receive radiation therapy services; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate – Finance

 

S.1036 — A bill to amend the Public Health Service Act to authorize fellowships under the Minority Fellowship Program to be awarded for training for professionals in the addiction medicine field; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.1040 — A bill to amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate – Judiciary

 

S.1041 — A bill to amend title 35, United States Code, to address the infringement of patents that claim biological products, and for other purposes; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate – Judiciary

 

S.1044 — A bill to amend title XVIII of the Social Security Act to make improvements to the redistribution of residency slots under the Medicare program after a hospital closes; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Finance

 

S.1055 — A bill to amend the Indian Health Care Improvement Act to modify the notification requirement for emergency contract health services for certain beneficiaries, and for other purposes; Sponsor: Rounds, Mike [Sen.-R-SD]; Committees: Senate – Indian Affairs

 

S.1056 — A bill to establish a home-based telemental health care grant program for purposes of increasing mental health and substance use services in rural medically underserved populations and for individuals in farming, fishing, and forestry occupations; Sponsor: Rounds, Mike [Sen.-R-SD]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.1058 — A bill to amend title XVIII of the Social Security Act to clarify congressional intent and preserve patient access to home infusion therapy under the Medicare program, and for other purposes; Sponsor: Warner, Mark R. [Sen.-D-VA]; Committees: Senate – Finance

 

S.1062 — A bill to authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes; Sponsor: Reed, Jack [Sen.-D-RI]; Committees: Senate – Health, Education, Labor, and Pensions

House to Consider Clean CR Ahead of Friday’s Government Funding Deadline – The House of Representatives plans to consider a clean continuing resolution (CR) on the floor this week in advance of the March 14 government funding deadline. The Full-Year Continuing Appropriations and Extensions Act, 2025, which was crafted by Speaker Mike Johnson (R-La.) in coordination with the White House, funds the federal government at current discretionary spending levels through the remainder of fiscal year 2025. It would also extend the health provisions that were included in the December 2024 CR until September 30/October 1, 2025. It does not include any additional health provisions such as an update to Medicare physician fee schedule payments. The path forward for the government funding bill remains unclear. Democratic support is needed to clear the 60-vote threshold to advance legislation in the Senate. In the House, Democrats stand united against a clean CR, leaving the House GOP with a narrow margin for passage. As we await congressional action to address Friday’s deadline, Hart Health Strategies Inc. has put together a document outlining the various health provisions included in the last CR that are slated to expire in the coming weeks. The document is included as an addendum to this newsletter.

 

 

House Passes Chronic Disease Coverage Bill – The House of Representatives passed the Chronic Disease Flexible Coverage Act (H.R. 919) last week. The legislation, which was passed by voice vote, would allow for pre-deductible coverage of certain health care services that treat common chronic illnesses under high-deductible health plans. These services include beta-blockers for patients with congestive heart failure, blood pressure monitors for patients with high blood pressure, glucometers for patients with diabetes, inhaled corticosteroids and peak flow meters for patients with asthma, and cholesterol drugs and testing for patients with heart disease. The bill codifies a Trump administration IRS policy first established in 2019.

 

Senate Democrats Introduce Standalone Health Package – Democratic leaders in the Senate have introduced standalone legislation featuring the bipartisan health care policies lawmakers had originally agreed to include in the 2024 year-end package. The Bipartisan Health Care Act (S. 891) includes the health provisions that were part of the December 17 government funding bill before it was narrowed prior to passage. These provisions include reforms to the pharmacy benefit manager industry, reauthorization of the SUPPORT Act and PAHPA, extension of telehealth flexibilities, and increases to Medicare bonuses for alternative payment model participation and Medicare physician payments. The effort is being led by Senate Finance Committee Ranking Member Ron Wyden (D-Ore.) and Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bernie Sanders (I-Vt.), who are pushing to pass the bill via unanimous consent. Under unanimous consent, a single senator can object and prevent passage.

 

State of the Union – President Donald Trump delivered the first address of his second term in office to a joint session of Congress on Tuesday night. The theme of the speech was “Renewal of the American Dream.” During the nearly 100-minute address, which set a record for longest speech to a joint session of Congress, the President outlined his domestic policy agenda, centering on immigration, tariffs, tax cuts, and the restructuring of the federal government. While health care was not a focus of the speech, the President did mention the newly established Presidential Commission to Make America Healthy Again, promising to prioritize addressing the increasing rate of childhood cancer. “Our goal is to get toxins out of our environment, poisons out of the food supply, and keep our children healthy and strong,” the President stated. Rep. Al Green (D-Texas) was removed from the chamber by the House Sergeant at Arms, and later censured by the House of Representatives, for repeatedly interrupting the President’s address. Rep. Green later stated that he wished to make clear that the President “has no mandate to cut Medicaid,” in reference to the GOP’s recently passed budget resolution. Other Democrats in the chamber held paddles in protest during the address, which featured the message “Save Medicaid.”

 

CBO Provides Estimates of E&C Program Spending – In response to a request from congressional Democrats, the Congressional Budget Office (CBO) has released a memo providing information on projections of mandatory spending for programs under the jurisdiction of the House Energy and Commerce Committee. Democrats have asserted that the House-passed fiscal year 2025 budget resolution, which calls for $880 billion in savings over the next decade to come from the Energy and Commerce Committee, will necessitate cuts to the Medicaid program. CBO’s projections support this assertion, estimating that non-Medicaid programs in the committee’s jurisdiction only add up to $581 billion over the next 10 years, leaving at least $299 billion in savings to come from Medicaid. The House Democratic Steering and Policy Committee held the first in a series of hearings last week to hear from Americans who rely on Medicaid for their health care.

 

HELP Committee Holds Confirmation Hearings for NIH, FDA Nominees – The Senate HELP Committee held confirmation hearings last week for President Donald Trump’s nominees for director of the National Institutes of Health (NIH) and commissioner of Food and Drugs. Jay Bhattacharya, MD, the health economist and Stanford Medical School professor who has been nominated to lead the NIH, promised to establish a culture of scientific dissent at the agency during his prepared remarks. He also endorsed Health and Human Services Secretary Robert F. Kennedy Jr.’s Make America Healthy Again movement to prioritize the prevention and treatment of chronic disease, and he spoke at length on the need to address the public’s distrust of the scientific establishment. Dr. Bhattacharya pledged to conduct his own assessment of the personnel and resources necessary for the NIH in response to repeated questioning about recent agency terminations and grantmaking slowdown at the direction of the Department of Government Efficiency. When questioned about the administration’s proposed cap on indirect costs for NIH-funded research, Bhattacharya expressed support for the use of audits to increase transparency around the use of such funds.

 

Marty Makary, MD, a Johns Hopkins surgeon and the President’s nominee to lead the Food and Drug Administration (FDA), spoke about his mission of radical transparency to rebuild public trust in federal health agencies during his opening remarks. Dr. Makary was questioned multiple times about the cancelation of a meeting of the FDA’s vaccine advisory panel and other recent decisions made by the Trump administration impacting agency staffing; he told panel members that he has not been involved in any such decisions. In response to questions about whether he would maintain patient access to the abortion drug mifepristone, Makary stated that he would follow the law and requirements outlined in the drug’s Risk Evaluation and Mitigation Strategies. When questioned about high drug costs, the nominee expressed support for addressing patent thickets, strengthening generic and biosimilar competition, and moving products over the counter to increase price transparency.

 

The HELP Committee will vote on both nominations on Thursday. Bhattacharya and Makary each appear to have the votes necessary to be confirmed by the Senate. Immediately following the HELP Committee votes, the panel will convene a confirmation hearing for former congressman Dave Weldon, MD, who has been nominated to lead the Centers for Disease Control and Prevention (CDC). This will be the first ever CDC confirmation hearing; the pandemic preparedness PREVENTS Act passed in 2022 established a new requirement that the CDC director be subject to Senate confirmation. The Senate Finance Committee will meet on Friday to consider the nomination of Mehmet Oz, MD, to serve as Administrator of the Centers for Medicare and Medicaid Services.

 

Nationwide Preliminary Injunction Issued Against NIH in Response to Indirect Cost Rate Cuts – On Wednesday, March 5, Judge Angel Kelley of the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction blocking the implementation of NIH guidance aimed at capping NIH funding for indirect research costs. The court found that NIH failed to provide an adequate rationale for the policy change (rendering it “arbitrary and capricious”) and did not follow the required notice-and-comment process under the Administrative Procedure Act (APA). Additionally, the court agreed with the plaintiffs—which included 22 state attorneys general and major research institutions—that the NIH policy would cause irreparable financial harm to those affected.

 

The preliminary injunction prevents NIH from imposing the 15% cap on indirect costs across states and institutions nationwide until the case can be fully determined on the merits. While the administration contends that the cuts would allocate more money to direct research (including savings of approximately $4 billion annually), the plaintiffs have argued it would undermine critical infrastructure. Following the preliminary injunction, it’s not yet clear whether the federal government’s response will include a challenge to the injunction and/or a separate attempt to achieve the rate cuts through other administrative means (e.g., appeals to Congress to change the underlying administrative procedures).

 

Trump Administration Drops Lawsuit on Emergency Abortions – The Trump administration has dropped a lawsuit against the state of Idaho related to the right to emergency abortion care. The case, which was initiated by the Biden administration, argued that the state’s near-total abortion ban is subject to the Emergency Medical Treatment and Labor Act’s (EMTALA) requirements that abortion be offered when it constitutes the necessary stabilizing treatment for a pregnant patient experiencing a medical emergency. While the Department of Justice moved to dismiss the case on Wednesday, an Idaho health system secured a temporary restraining order that same day as a part of a separate lawsuit that bars the state attorney general from prosecuting medical providers who perform abortions to treat an emergency medical condition.

 

NIH to Centralize Peer Review – The NIH announced plans last week to centralize peer review of all applications for grants, cooperative agreements, and research and development contracts within the agency’s Center for Scientific Review (CSR). Under the proposed consolidation, CSR will conduct all first-level research proposals, eliminating reviews by Institutes’ and Centers’ study sections. NIH estimates that the proposed approach will save more than $65 million annually by eliminating duplicative efforts across the agency. The proposal is now under review with implementation pending external review by the U.S. Department of Health and Human Services and the Office of Management and Budget, providing Congress with a 15-day notification period, and issuing a Federal Register notice.

 

CDC Plans for Study on Vaccines, Autism – The CDC is reportedly planning a study on the potential link between vaccines and autism. While the news follows the confirmation of Robert F. Kennedy Jr., who has previously promoted anti-vaccine views, as Secretary of the U.S. Department of Health and Human Services, it remains unclear if the Secretary is involved with the planned study. The U.S. is currently in the midst of one of the nation’s largest measles outbreaks of the past decade, with more than 200 cases in twelve states and two deaths in Texas and New Mexico. In response to the outbreak, Secretary Kennedy wrote an op-ed titled “Measles Outbreak is Call to action for All of Us” explaining that the “MMR vaccine is crucial to avoiding potentially deadly disease.”

 

Upcoming Congressional Hearings and Markups

Senate Armed Services Committee hearing to receive testimony on stabilizing the Military Health System to prepare for large-scale combat operations; 9:30 a.m.; March 11

 

Senate Veterans’ Affairs Committee hearing to consider pending legislation; 10:30 a.m.; March 11

 

House Ways and Means Subcommittee on Health hearing “After the Hospital: Ensuring Access to Quality Post-Acute Care;” 2:00 p.m.; March 11

 

House Veterans’ Affairs Subcommittee on Health legislative hearing; 2:15 p.m.; March 11

 

Senate Special Committee on Aging hearing “Breaking the Cycle of Senior Loneliness: Strengthening Family and Community Support;” 3:30 p.m.; March 12

 

Senate HELP Committee executive session to consider the nominations of Dr. Jayanta Bhattacharya to serve as Director of the National Institutes of Health and Dr. Martin Makary to serve as Commissioner of Food and Drugs; 9:30 a.m.; March 13

 

Senate HELP Committee hearing on the nomination of Dr. David Weldon to Serve as Director of the Centers for Disease Control and Prevention; 10:00 a.m.; March 13

 

Senate Finance Committee hearing to consider the nomination of Dr. Mehmet Oz to be Centers of Medicare and Medicaid Services (CMS) Administrator; 10:00 a.m.; March 14

 

Recently Introduced Health Legislation

S.812 — A bill to direct the Secretary of Veterans Affairs to ensure veterans may obtain a physical copy of a form for reimbursement of certain travel expenses by mail or at medical facilities of the Department of Veterans Affairs, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Veterans’ Affairs

 

S.817 — A bill to provide for the imposition of sanctions with respect to forced organ harvesting within the People’s Republic of China, and for other purposes; Sponsor: Cruz, Ted [Sen.-R-TX]; Committees: Senate – Foreign Relations

 

S.819 — A bill to amend the Internal Revenue Code of 1986 to provide tax rate parity among all tobacco products, and for other purposes; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate – Finance

 

S.822 — A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a process for science-focused drug development meetings led by the Reagan-Udall Foundation for the Food and Drug Administration with respect to drugs for rare diseases and conditions, and for other purposes; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.Res.180 — Supporting the designation of March 2025 as National Colorectal Cancer Awareness Month; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House – Oversight and Government Reform

 

H.Res.182 — Expressing support for the designation of March 3, 2025, as “National Triple-Negative Breast Cancer Day”; Sponsor: Morelle, Joseph D. [Rep.-D-NY-25]; Committees: House – Oversight and Government Reform

 

H.R.1775 — To amend title XVIII of the Social Security Act to modify the criteria for designation of rural emergency hospitals; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1776 — To amend the Patient Protection and Affordable Care Act to establish a reinsurance program, and for other purposes; Sponsor: Palmer, Gary J. [Rep.-R-AL-6]; Committees: House – Energy and Commerce; Ways and Means; Education and Workforce

 

H.R.1784 — To amend titles XI and XVIII of the Social Security Act to strengthen health care waste, fraud, and abuse provisions; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1785 — To amend title XVIII of the Social Security Act to establish requirements for the provision of certain high-cost durable medical equipment and laboratory testing, and for other purposes; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1793 — To amend title 38, United States Code, to provide for outreach requirements for Department of Veterans Affairs training and rehabilitation programs for veterans with service-connected disabilities, and for other purposes; Sponsor: Hamadeh, Abraham [Rep.-R-AZ-8]; Committees: House – Veterans’ Affairs

 

H.R.1794 — To amend the Federal Food, Drug, and Cosmetic Act to establish an Abraham Accords Office within Food and Drug Administration, and for other purposes; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Energy and Commerce

 

H.R.1796 — To amend the Public Health Service Act to reauthorize a sickle cell disease prevention and treatment demonstration program; Sponsor: James, John [Rep.-R-MI-10]; Committees: House – Energy and Commerce

 

H.R.1798 — To amend the Internal Revenue Code of 1986 to provide tax rate parity among all tobacco products, and for other purposes; Sponsor: Krishnamoorthi, Raja [Rep.-D-IL-8]; Committees: House – Ways and Means

 

H.R.1802 – To prohibit the use of animals in federally funded research, promote the adoption of humane and scientifically advanced alternatives, and ensure the ethical rehoming of retired research animals, and for other purposes; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House – Science, Space, and Technology; Energy and Commerce; Agriculture; Rules

 

H.R.1805 — To amend title XVIII of the Social Security Act to extend Medicare-dependent hospital and Medicare low-volume hospital payments, and to direct the Comptroller General of the United States to carry out a report on Medicare rural hospital classifications; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House – Ways and Means

 

H.R.1806 — To provide for research and education with respect to triple-negative breast cancer, and for other purposes; Sponsor: Morelle, Joseph D. [Rep.-D-NY-25]; Committees: House – Energy and Commerce

 

H.R.1812 — To amend the Older Americans Act of 1965 to establish a grant program for multigenerational activities for long-term care facilities; Sponsor: Strickland, Marilyn [Rep.-D-WA-10]; Committees: House – Education and Workforce

 

S.825 — A bill to require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Judiciary

 

S.830 — A bill to amend the Public Health Service Act to reauthorize the program relating to lifespan respite care, and for other purposes; Sponsor: Collins, Susan M. [Sen.-R-ME]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.832 — A bill to amend title XI of the Social Security Act to equalize the negotiation period between small-molecule and biologic candidates under the Drug Price Negotiation Program; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate – Finance

 

H.Res.185 — Recognizing the need of Congress to prevent, address, and treat obesity as a disease in the United States on this World Obesity Day, March 4, 2025; Sponsor: Cherfilus-McCormick, Sheila [Rep.-D-FL-20]; Committees: House – Energy and Commerce

 

H.R.1842 — 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

 

S.851 — A bill to amend the Child Abuse Prevention and Treatment Act to disqualify any State that discriminates against parents or guardians who oppose medical, surgical, pharmacological, psychological treatment, or clothing and social changes related to affirming the subjective claims of gender identity expressed by any minor if such claimed identity is inconsistent with such minor’s biological sex from receiving funding under such Act; Sponsor: Banks, Jim [Sen.-R-IN]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.854 — A bill to amend title 31, United States Code, to establish the Life Sciences Research Security Board, and for other purposes; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate – Homeland Security and Governmental Affairs

 

S.862 — A bill to amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish hyperbaric oxygen therapy to certain veterans with traumatic brain injury or post-traumatic stress disorder; Sponsor: Tuberville, Tommy [Sen.-R-AL]; Committees: Senate – Veterans’ Affairs

 

S.863 — A bill to provide consumers with the right to delete their genomic data, and for other purposes; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Commerce, Science, and Transportation

 

S.864 — A bill to amend title XXVII of the Public Health Service Act to apply financial assistance towards the cost-sharing requirements of health insurance plans, and for other purposes; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.1843 — To amend the Federal Food, Drug, and Cosmetic Act to increase transparency in generic drug applications; Sponsor: Dunn, Neal P. [Rep.-R-FL-2]; Committees: House – Energy and Commerce

 

H.R.1860 — To designate Regional Breast and Gynecologic Cancer Care Coordinators to expand the work of the Breast and Gynecologic Oncology System of Excellence at the Department of Veterans Affairs, and for other purposes; Sponsor: Garcia, Sylvia R. [Rep.-D-TX-29]; Committees: House – Veterans’ Affairs

 

H.R.1864 — To amend title 31, United States Code, to establish the Life Sciences Research Security Board, and for other purposes; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Science, Space, and Technology; Energy and Commerce

 

H.R.1866 — GUARD Act – To amend the Child Abuse Prevention and Treatment Act to disqualify any State that discriminates against parents or guardians who oppose medical, surgical, pharmacological, psychological treatment, or clothing and social changes related to affirming the subjective claims of gender identity expressed by any minor if such claimed identity is inconsistent with such minor’s biological sex from receiving funding under such Act; Sponsor: Hageman, Harriet M. [Rep.-R-WY-At Large]; Committees: House – Education and Workforce

 

H.R.1867 — To amend title XVIII of the Social Security Act to remove in-person requirements under Medicare for mental health services furnished through telehealth and telecommunications technology; Sponsor: Hern, Kevin [Rep.-R-OK-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1875 — To amend title XIX of the Social Security Act to require certain additional provider screening under the Medicaid program; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House – Energy and Commerce

 

H.R.1878 — To amend the Internal Revenue Code of 1986 to provide an income tax credit for fertility treatments; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House – Ways and Means

 

S.Res.119 — A resolution memorializing those lost to the COVID-19 pandemic; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.879 — A bill to expand medical, employment, and other benefits for individuals serving as family caregivers for certain veterans, and for other purposes; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

 

S.882 — A bill to amend title XVIII of the Social Security Act to assure pharmacy access and choice for beneficiaries under prescription drug plans and MA-PD plans and to establish requirements of pharmacy benefit managers under Medicare part D; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Finance

 

S.891 — A bill to extend expiring health provisions and improve health care delivery; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate – Finance

 

S.906 — A bill to require the Secretary of Health and Human Services to carry out a pilot program to support evidence-based mental health peer support activities for students; Sponsor: Hickenlooper, John W. [Sen.-D-CO]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.J.Res.74 — Disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to “Prohibition on Creditors and Consumer Reporting Agencies Concerning Medical Information (Regulation V)”; Sponsor: Norman, Ralph [Rep.-R-SC-5]; Committees: House – Financial Services

 

H.R.1899 — To amend title XVIII of the Social Security Act to allow for the furnishing of audio-only telehealth services; Sponsor: Feenstra, Randy [Rep.-R-IA-4]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1901 — To amend title XXI of the Social Security Act to permanently extend the Children’s Health Insurance Program, and for other purposes; Sponsor: Barragán, Nanette Diaz [Rep.-D-CA-44]; Committees: House – Energy and Commerce

 

H.R.1902 — To require the Secretary of Health and Human Services to improve the detection, prevention, and treatment of mental health issues among public safety officers, and for other purposes; Sponsor: Bera, Ami [Rep.-D-CA-6]; Committees: House – Energy and Commerce; Science, Space, and Technology

 

H.R.1906 — To provide for the prioritization of projects that provide behavioral and mental health treatment services in selecting grantees under certain rural development programs, and extend the substance abuse disorder set-aside and priority under the programs; Sponsor: Budzinski, Nikki [Rep.-D-IL-13]; Committees: House – Agriculture

 

H.R.1909 — To amend the Public Health Service Act to reauthorize support for State-based maternal mortality review committees, to direct the Secretary of Health and Human Services to disseminate best practices on maternal mortality prevention to hospitals, State-based professional societies, and perinatal quality collaboratives, and for other purposes; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Energy and Commerce

 

H.R.1921 — To direct the Administrator of the Centers for Medicare & Medicaid Services to clarify that fully implanted active middle ear hearing devices are prosthetics and are not subject to the hearing aid coverage exclusion under the Medicare program; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1922 — To amend title XVIII of the Social Security Act to exempt certain drugs from the part D manufacturer discount program under the Medicare program; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1924 — To amend title XVIII of the Social Security Act to establish a new criterion for the nonapplication of site-neutral payments to long-term care hospitals under the Medicare program; Sponsor: Hern, Kevin [Rep.-R-OK-1]; Committees: House – Ways and Means

 

H.R.1931 — To amend title XVIII of the Social Security Act to facilitate patient access to certain pediatric technologies; Sponsor: Joyce, John [Rep.-R-PA-13]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1937 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to recognize nurse registries for purposes of the Veterans Community Care Program, and for other purposes; Sponsor: Mast, Brian J. [Rep.-R-FL-21]; Committees: House – Veterans’ Affairs

 

H.R.1947 — To direct the Secretary of Veterans Affairs and the Secretary of Defense to furnish stellate ganglion block to veterans and members of the Armed Forces with post-traumatic stress disorder, and for other purposes; Sponsor: Perry, Scott [Rep.-R-PA-10]; Committees: House – Armed Services; Veterans’ Affairs

 

H.R.1950 — To protect benefits provided under Social Security, Medicare, and any other program of benefits administered by the Social Security Administration or the Centers for Medicare and Medicaid Services; Sponsor: Pocan, Mark [Rep.-D-WI-2]; Committees: House – Rules

 

H.R.1961 — To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish and implement a department-wide after-action program and a risk communication strategy, and for other purposes; Sponsor: Torres, Ritchie [Rep.-D-NY-15]; Committees: House – Energy and Commerce

 

H.R.1966 — To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants to expand and improve maternal health care services, and for other purposes; Sponsor: Waters, Maxine [Rep.-D-CA-43]; Committees: House – Energy and Commerce

House Adopts Trump-Backed Budget Resolution – The House of Representatives passed its fiscal year 2025 budget resolution (H.Con.Res. 14) last week in a 217-215 vote. Rep. Thomas Massie (R-Ky.) was the only Republican to join Democrats in opposition to the measure. The House proposal, which President Donald Trump endorsed and refers to as “one big, beautiful bill,” paves the way for a budget reconciliation bill that includes at least $4.5 trillion in tax cuts and $1.5 trillion in spending cuts over the next decade.

 

The House fiscal blueprint calls for $880 billion in savings over the next decade to come from the Energy and Commerce Committee, which many Democrats have asserted will necessitate cuts to the Medicaid program. GOP leadership have repeatedly offered assurances that any reductions in spending will be aimed at waste, fraud, and abuse, and will not impact Medicaid benefits or cut federal payments to the program. Energy and Commerce Chair Brett Guthrie (R-Ky.) specifically stated that “massive cuts in the program just aren’t going to happen” while House Speaker Mike Johnson (R-La.) confirmed that the GOP is not considering per-capita caps or changes to the Federal Medical Assistance Percentage. Johnson recently suggested the possibility of Medicaid work requirements, while Guthrie has discussed reducing or eliminating the taxes levied by states on physicians and hospitals to support state Medicaid expenditures instead of general funds.  The Congressional Research Service estimates that such a change could generate $612 billion in savings over 10 years.

 

The House and the Senate must now align on a unified resolution to continue advancing the budget reconciliation process. The budget framework passed by the Senate last month does not include tax policy, setting up a two-bill approach to the budget reconciliation process and the President’s domestic policy agenda, in contrast to the House’s proposal to address border security, energy provisions, and extension of the 2017 tax cuts in a single reconciliation package. While Speaker Johnson stated in an interview that he does not expect the Senate to make changes to the House’s budget resolution, it remains unclear whether the measure has enough support amongst the Senate GOP for passage. Some Senate Republicans have expressed concerns about various aspects of the House resolution, including language that would raise the debt ceiling.

 

FY 2025 Government Funding Update – Separate from the budget reconciliation process, Congress has until March 14 when the current continuing resolution expires to reach an agreement on government funding for fiscal year 2025. House Speaker Mike Johnson (R-La.) has acknowledged that Congress will likely resort to another stopgap spending bill instead of individual appropriations measures to avoid a federal government shutdown. Congressional negotiations are currently stalled, with Democrats demanding that Republicans rein in recent actions by Elon Musk and the Department of Government Efficiency in exchange for their support of government funding legislation.

 

Lawmakers Consider Path Forward for PBM Reform – The House Energy and Commerce Subcommittee on Health held a hearing last week on pharmacy benefit manager (PBM) reform. During the hearing, members from both sides of the aisle expressed support for reviving the package of PBM reforms that was included as a part of the bipartisan end-of-year spending deal before it was narrowed prior to passage. Democrats strongly support moving the proposals as a standalone bill rather than including them in an eventual reconciliation package. While Health Subcommittee Chair Buddy Carter (R-Ga.) admitted that his party remains uncertain of how to proceed, he acknowledged in an interview last week that new PBM regulations for the commercial market are unlikely to qualify under the Senate’s Byrd rule, which dictates what provisions can be included in a budget reconciliation package. Carter believes PBM proposals impacting Medicare and Medicaid, however, would qualify.

 

Grassley Probes UnitedHealth’s Medicare Advantage Billing Practices – Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) has sent a letter to United Health Group requesting information about the company’s Medicare Advantage billing practices. The letter cites reports of fraud, waste, and abuse at the company, including instances of utilizing obscure patient diagnoses that were irrelevant or inaccurate to generate revenue, resulting in inappropriate payments totaling $8.7 billion in 2021. Grassley requests that UnitedHealth provide its training manuals, guidance documents, compliance program details, audit results, and other documents.

 

HHS Secretary Issues Policy Restricting Regulatory Transparency – On February 28, the U.S. Department of Health and Human Services (HHS) issued a Policy on Adhering to the Text of the Administrative Procedure Act (APA) that will allow the Department to pursue certain regulatory changes without public comment periods, unless otherwise required by law.  Under the APA, federal agencies are generally required to publish a notice of proposed rulemaking in the Federal Register and give the public an opportunity to engage in rulemaking through the submission of comments.  The APA exempts from these requirements “matter(s) relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.”  It also permits an agency to forgo these requirements for “good cause” when the agency finds that the procedures are “impracticable, unnecessary, or contrary to the public interest.”  However, in 1971, the Department adopted a policy known as the Richardson Waiver, which waived these APA exemptions, thus requiring the APA to use notice and comment rulemaking procedures for these types of matters and to use the good cause exception “sparingly.”

 

The policy issued last week rescinds the Richardson Waiver, thus reinstating the APA exemption for these types of matters.  It states that “Agencies and offices of the Department have discretion to apply notice and comment procedures to these matters, but are not required to do so, except as otherwise required by law.”  The policy also clarifies that the “good cause” exception should be used in appropriate circumstances in accordance with the requirements of the APA and that the Department will continue to follow notice and comment rulemaking procedures in all instances in which it is required to do so by the statutory text of the APA.

 

Although the policy does not specify which rules will no longer be subject to notice and comment rulemaking, it could have broad implications—particularly on the ability of the public to comment on HHS’ decisions on grants, contracts, and agency personnel.  At the same time, it is unlikely that this policy will impact Medicare payment rules, as statute generally requires those policies to be updated through regulations or Federal Register notices.

 

OMB, OPM Issue Reductions in Force Memo – The Trump administration issued a memo last week instructing federal agencies, including HHS, to submit reorganization plans for “large-scale reductions in force” by March 13. The memo issued by the Office of Management and Budget and Office of Personnel Management directs agencies to “focus on the maximum elimination of functions that are not statutorily mandated while driving the highest-quality, most efficient delivery of their statutorily required functions.” While recent layoffs by the Trump administration and Department of Government Efficiency have focused on probationary employees, the reductions in force described in the recent memo could impact a broader swath of the federal workforce.

 

Presidents Signs E.O. on Health Price Transparency – President Donald Trump signed an executive order (E.O.) related to health care price transparency last week. The order directs the Departments of HHS, Labor, and Treasury to update their enforcement policies to increase compliance with price transparency regulations finalized during the first Trump administration in 2019. The policies require hospitals and health plans to make detailed pricing data publicly available online. The order specifically directs the departments to:

• Ensure hospitals and insurers disclose actual prices, not estimates, and take action to make prices comparable across hospitals and insurers, including prescription drug prices; and
• Update their enforcement policies to ensure hospitals and insurers are in compliance with requirements to make prices transparent.

 

Upcoming Congressional Hearings and Markups

Senate Health, Education, Labor, and Pensions (HELP) Committee hearing on the nomination of Jayanta Bhattacharya to serve as Director of the National Institutes of Health; 10:00 a.m.; March 5

 

House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Members Day hearing; 10:30 a.m.; March 5

 

Senate HELP Committee hearing on the nomination of Martin Makary to serve as Commissioner of Food and Drugs; 10:00 a.m.; March 6

 

Recently Introduced Health Legislation

H.R.1510 — To amend title XIX of the Social Security Act to remove the Medicaid coverage exclusion for inmates in custody pending disposition of charges, and for other purposes; Sponsor: Turner, Sylvester [Rep.-D-TX-18]; Committees: House – Energy and Commerce

 

H.R.1509 —To amend titles XIX and XXI of the Social Security Act to streamline the enrollment process for eligible out-of-state providers under Medicaid and CHIP; Sponsor: Trahan, Lori [Rep.-D-MA-3]; Committees: House – Energy and Commerce

 

H.R.1506 —To amend the Internal Revenue Code of 1986 to treat qualified water competency and water safety lesson expenses as medical expenses; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Ways and Means

 

H.R.1503 —To combat forced organ harvesting and trafficking in persons for purposes of the removal of organs, and for other purposes; Sponsor: Smith, Christopher H. [Rep.-R-NJ-4]; Committees: House – Foreign Affairs; Judiciary

 

H.R.1497 — To replace the National Institute of Allergy and Infectious Diseases with 3 separate national research institutes; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Energy and Commerce

 

H.R.1493 — To reauthorize and make improvements to Federal programs relating to the prevention, detection, and treatment of traumatic brain injuries, and for other purposes; Sponsor: Pallone, Frank [Rep.-D-NJ-6]; Committees: House – Energy and Commerce; press release

 

H.R.1492 — To amend title XI of the Social Security Act to equalize the negotiation period between small-molecule and biologic candidates under the Drug Price Negotiation Program; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1484 — To direct the Administrator of the Federal Aviation Administration to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine to provide for a report on the health impacts of air traffic noise and pollution, and for other purposes; Sponsor: Lynch, Stephen F. [Rep.-D-MA-8]; Committees: House – Transportation and Infrastructure

 

H.R.1480 — To amend the Public Health Service Act to establish a rural health center innovation awards program and a rural health department enhancement program, and for other purposes; Sponsor: Kustoff, David [Rep.-R-TN-8]; Committees: House – Energy and Commerce

 

H.R.1476 — To amend title XVIII of the Social Security Act to provide a phase-in for plasma-derived products under the manufacturer discount program; Sponsor: Hudson, Richard [Rep.-R-NC-9]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1466 —To amend the Public Health Service Act to clarify liability protections regarding emergency use of automated external defibrillators; Sponsor: Franklin, Scott [Rep.-R-FL-18]; Committees: House – Energy and Commerce

 

H.R.1465 — To restrict the availability of Federal funds to organizations associated with the abortion industry; Sponsor: Foxx, Virginia [Rep.-R-NC-5]; Committees: House – Foreign Affairs

 

H.R.1463 —To prohibit the use of Federal funds to implement, administer, or enforce a final rule of the Food and Drug Administration relating to “Medical Devices; Laboratory Developed Tests”, and for other purposes; Sponsor: Finstad, Brad [Rep.-R-MN-1]; Committees: House – Energy and Commerce

 

H.R.1452 — To amend the Food and Nutrition Act of 2008 relating to work requirements; to amend title XIX of the Social Security Act to establish work requirements under the Medicaid program; Sponsor: Burlison, Eric [Rep.-R-MO-7]; Committees: House – Energy and Commerce; Agriculture

 

H.R.1448 —To amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants for peer mental health first aid, and for other purposes; Sponsor: Balint, Becca [Rep.-D-VT-At Large]; Committees: House – Energy and Commerce

 

H.R.1447 — To amend the Internal Revenue Code of 1986 to maintain the prohibition on allowing any deduction or credit associated with a trade or business involved in trafficking marijuana; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House – Ways and Means

 

S.683 —  A bill to amend title XVIII of the Social Security Act to expand eligibility for incentives under the Medicare health professional shortage area bonus program to practitioners furnishing mental health and substance use disorder services; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate – Finance

 

S.690 — A bill to combat the fentanyl crisis; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.694 — A bill to amend title XVIII of the Social Security Act to provide a phase-in for plasma-derived products under the manufacturer discount program; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate – Finance

 

S.699 —A bill to amend the Indian Health Care Improvement Act to address liability for payment of charges or costs associated with the provision of purchased/referred care services, and for other purposes; Sponsor: Rounds, Mike [Sen.-R-SD]; Committees: Senate – Indian Affairs

 

H.R.1517 — To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare; Sponsor: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1518 — To amend the Public Health Service Act with respect to preventing end-stage kidney disease, and for other purposes; Sponsor: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1520 —To prohibit discrimination on the basis of mental or physical disability in cases of organ transplants; Sponsor: Cammack, Kat [Rep.-R-FL-3]; Committees: House – Energy and Commerce

 

H.R.1521 — To amend title XXVII of the Public Health Service Act to improve health care coverage under vision and dental plans, and for other purposes; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Energy and Commerce

 

H.R.1523 — To provide for the inclusion of virtual diabetes prevention program suppliers in the Medicare Diabetes Prevention Program Expanded Model, and for other purposes; Sponsor: DeGette, Diana [Rep.-D-CO-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1525 — To prohibit the use or declaration of a public health emergency with respect to abortion, and for other purposes; Sponsor: Hern, Kevin [Rep.-R-OK-1]; Committees: House – Energy and Commerce

 

H.R.1532 — To amend the Federal Food, Drug, and Cosmetic Act to establish a process for externally led, science-focused drug development meetings, and for other purposes; Sponsor: Matsui, Doris O. [Rep.-D-CA-7]; Committees: House – Energy and Commerce

 

H.R.1539 — To amend the Federal Food, Drug, and Cosmetic Act to expand the types of devices for which required labeling may be made available solely by electronic means, and for other purposes; Sponsor: Obernolte, Jay [Rep.-R-CA-23]; Committees: House – Energy and Commerce

 

H.R.1540 — To provide for the imposition of sanctions with respect to forced organ harvesting within the People’s Republic of China, and for other purposes; Sponsor: Perry, Scott [Rep.-R-PA-10]; Committees: House – Foreign Affairs; Judiciary

 

S.Res.93 — A resolution expressing the sense of the Senate that the operations of the National Institutes of Health should not experience any interruption, delay, or funding disruption in violation of the law and that the workforce of the National Institutes of Health is essential to sustaining medical progress; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.Res.95 — A resolution expressing support for the designation of February 23, 2025, to March 1, 2025, as “National Fentanyl Awareness Week” and raising awareness of the negative impacts of fentanyl in the United States; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Judiciary

 

S.702 —A bill to require a study on the quality of care difference between mental health and addiction therapy care provided by health care providers of the Department of Veterans Affairs compared to non-Department providers, and for other purposes; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate – Veterans’ Affairs

 

S.705 —A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for other purposes; Sponsor: Reed, Jack [Sen.-D-RI]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.709 — A bill to provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Judiciary

 

S.717 —A bill to amend title XVIII of the Social Security Act to expand and expedite access to cardiac rehabilitation programs and pulmonary rehabilitation programs under the Medicare program, and for other purposes; Sponsor: Capito, Shelley Moore [Sen.-R-WV]; Committees: Senate – Finance

 

S.721 —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

 

S.724 — A bill to extend the temporary scheduling order for fentanyl-related substances for 6 months; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Judiciary

 

S.729 —A bill to amend the Public Health Service Act to enhance compliance with hospital price transparency requirements, and for other purposes; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.1561 — To require research with respect to fentanyl and xylazine test strips, to authorize the use of grant funds for such test strips, and for other purposes; Sponsor: Crockett, Jasmine [Rep.-D-TX-30]; Committees: House – Energy and Commerce

 

H.R.1562 — To amend the 21st Century Cures Act to expressly authorize the use of certain grants to implement substance use disorder and overdose prevention activities with respect to fentanyl and xylazine test strips; Sponsor: Crockett, Jasmine [Rep.-D-TX-30]; Committees: House – Energy and Commerce

 

H.R.1563 — To amend the Controlled Substances Act to clarify that the possession, sale, purchase, importation, exportation, or transportation of drug testing equipment that tests for the presence of fentanyl or xylazine is not unlawful; Sponsor: Crockett, Jasmine [Rep.-D-TX-30]; Committees: House – Judiciary; Energy and Commerce

 

H.R.1585 —To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes; Sponsor: Valadao, David G. [Rep.-R-CA-22]; Committees: House – Judiciary

 

S.735 — A bill to amend the Public Health Service Act to reauthorize a sickle cell disease prevention and treatment demonstration program; Sponsor: Scott, Tim [Sen.-R-SC]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.738 — A bill to provide a moratorium on all Federal research grants provided to any institution of higher education or other research institute that is conducting dangerous gain-of-function research; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.739 — A bill to amend title XXXIII of the Public Health Service Act with respect to flexibility and funding for the World Trade Center Health Program; Sponsor: Gillibrand, Kirsten E. [Sen.-D-NY]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.750 — A bill to prohibit the Secretary of Health and Human Services from implementing, enforcing, or otherwise giving effect to a final rule regarding minimum staffing for nursing facilities, and to establish an advisory panel on the nursing home workforce; Sponsor: Fischer, Deb [Sen.-R-NE]; Committees: Senate – Finance

 

S.752 — A bill to amend title XIX of the Social Security Act to streamline enrollment under the Medicaid program of certain providers across State lines; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Finance

 

S.755 — A bill to facilitate the development of treatments for cancers, and for other purposes; Sponsor: Wicker, Roger F. [Sen.-R-MS]; Committees: Senate – Finance

 

S.760 — A bill to amend title XIX of the Social Security Act to renew the application of the Medicare payment rate floor to primary care services furnished under the Medicaid program, and for other purposes; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate – Finance

 

H.R.1598 — To amend title XIX of the Social Security Act to remove certain age restrictions on Medicaid eligibility for working adults with disabilities; Sponsor: Ciscomani, Juan [Rep.-R-AZ-6]; Committees: House – Energy and Commerce

 

H.R.1610 — 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: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House – Science, Space, and Technology

 

H.R.1614 — To amend title XVIII of the Social Security Act to expand practitioners eligible to furnish telehealth services under the Medicare program; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1616 — To amend title XVIII of the Social Security Act to permit nurse practitioners and physician assistants to satisfy the documentation requirement under the Medicare program for coverage of certain shoes for individuals with diabetes; Sponsor: LaHood, Darin [Rep.-R-IL-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1620 — To facilitate the development of treatments for cancer, and for other purposes; Sponsor: Matsui, Doris O. [Rep.-D-CA-7]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1627 — To amend the Controlled Substances Act to allow for the use of telehealth in substance use disorder treatment, and for other purposes; Sponsor: Norcross, Donald [Rep.-D-NJ-1]; Committees: House – Energy and Commerce; Judiciary

 

H.R.1632 — To amend the Federal Food, Drug, and Cosmetic Act to provide for reciprocal marketing approval of certain drugs, biological products, and devices that are authorized to be lawfully marketed abroad, and for other purposes; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Energy and Commerce; Rules

 

S.Res.104 — A resolution designating February 27, 2025, as “Rare Disease Day”; Sponsor: Barrasso, John [Sen.-R-WY]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.763 — A bill to amend the Internal Revenue Code of 1986 to permanently extend the exemption for telehealth services from certain high deductible health plan rules; Sponsor: Daines, Steve [Sen.-R-MT]; Committees: Senate – Finance

 

S.767 — A bill to amend the Office of National Drug Control Prevention Act of 1998 to include new requirements for assessments and reports, and for other purposes; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate – Judiciary

 

S.774 — A bill to prohibit the use of funds to seek membership in the World Health Organization or to provide assessed or voluntary contributions to the World Health Organization until certain conditions have been met; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Foreign Relations

 

S.779 — A bill to amend title XIX of the Public Health Service Act to provide for prevention and early intervention services under the Block Grants for Community Mental Health Services program, and for other purposes; Sponsor: Padilla, Alex [Sen.-D-CA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.786 — A bill to fully fund the Prevention and Public Health Fund and reaffirm the importance of prevention in the United States healthcare system; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.787 — 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 programs; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Veterans’ Affairs

 

S.793 — A bill to amend the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 to modify and reauthorize the Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program of the Department of Veterans Affairs; Sponsor: Warner, Mark R. [Sen.-D-VA]; Committees: Senate – Veterans’ Affairs

 

S.797 — A bill to amend title 5, United States Code, to protect and expand access to fertility treatment under the health insurance program carried out under chapter 89 of that title, and for other purposes; Sponsor: Duckworth, Tammy [Sen.-D-IL]; Committees: Senate – Homeland Security and Governmental Affairs

 

S.800 — A bill to modify the Precision Medicine for Veterans Initiative of the Department of Veterans Affairs; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

 

H.Res.172 — Raising awareness for the sarcoma cancer chordoma; Sponsor: Johnson, Henry C. “Hank” [Rep.-D-GA-4]; Committees: House – Energy and Commerce

 

H.Res.175 — Recognizing the seriousness of polycystic ovary syndrome (PCOS) and expressing support for the designation of the month of September as “PCOS Awareness Month”; Sponsor: Scott, David [Rep.-D-GA-13]; Committees: House – Energy and Commerce

 

H.R.1644 — 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.1645 — To amend the Public Health Service Act to provide for the continued implementation of the Climate and Health program by the Centers for Disease Control and Prevention; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House – Energy and Commerce

 

H.R.1646 — To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House – Veterans’ Affairs

 

H.R.1647 — To amend the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to implement the Climate Ready Tribes Initiative; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House – Energy and Commerce

 

H.R.1649 — To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes; Sponsor: Allen, Rick W. [Rep.-R-GA-12]; Committees: House – Education and Workforce

 

H.R.1650 — To amend the Internal Revenue Code of 1986 to permanently extend the exemption for telehealth services from certain high deductible health plan rules; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House – Ways and Means

 

H.R.1657 — To substantially restrict the use of animal testing for cosmetics, and for other purposes; Sponsor: Beyer, Donald S. [Rep.-D-VA-8]; Committees: House – Energy and Commerce

 

H.R.1667 — To amend title XVIII of the Social Security Act to provide coverage for acupuncturist services under the Medicare program; Sponsor: Chu, Judy [Rep.-D-CA-28]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1669 —To amend the Public Health Service Act to reauthorize the Stop, Observe, Ask, and Respond to Health and Wellness Training Program; Sponsor: Cohen, Steve [Rep.-D-TN-9]; Committees: House – Energy and Commerce

 

H.R.1670 —To require Federal employee health benefit plans to include assisted reproductive treatment benefits, and for other purposes; Sponsor: Connolly, Gerald E. [Rep.-D-VA-11]; Committees: House – Oversight and Government Reform

 

H.R.1671 — To amend title 38, United States Code, to provide for a presumption of service-connection under the laws administered by the Secretary of Veterans Affairs for certain diseases associated with the COVID-19 vaccine that become manifest during the one-year period following the receipt of the vaccine, and for other purposes; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – Veterans’ Affairs; Armed Services

 

H.R.1672 — To amend title XI of the Social Security Act to protect access to genetically targeted technologies; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1683 — To prohibit the Secretary of Health and Human Services from implementing, enforcing, or otherwise giving effect to a final rule regarding minimum staffing for nursing facilities, and to establish an advisory panel on the nursing home workforce; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1699 — To direct the Secretary of Defense to carry out a pilot program under which a TRICARE Prime beneficiary may access obstetrical and gynecological care without a referral, and for other purposes; Sponsor: Horsford, Steven [Rep.-D-NV-4]; Committees: House – Armed Services

 

H.R.1703 — To amend title XVIII of the Social Security Act to clarify payment rules for manual wheelchairs under part B of the Medicare program; Sponsor: Joyce, John [Rep.-R-PA-13]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1708 — To amend title XVIII of the Social Security Act to adjust allowable direct and indirect costs for nursing and allied health education programs; Sponsor: LaHood, Darin [Rep.-R-IL-16]; Committees: House – Ways and Means

 

H.R.1715 —To fully fund the Prevention and Public Health Fund and reaffirm the importance of prevention in the United States healthcare system; Sponsor: Matsui, Doris O. [Rep.-D-CA-7]; Committees: House – Energy and Commerce

 

H.R.1720 — To amend title XVIII of the Social Security Act to extend certain telehealth flexibilities with respect to hospice care under the Medicare program, and to establish a modifier for recertifications of hospice care eligibility conducted through telehealth; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House – Ways and Means

 

H.R.1735 — To amend title XIX of the Public Health Service Act to provide for prevention and early intervention services under the Block Grants for Community Mental Health Services program, and for other purposes; Sponsor: Pfluger, August [Rep.-R-TX-11]; Committees: House – Energy and Commerce

 

H.R.1750 — To amend the Public Health Service Act to provide for greater investments in research on rare diseases and conditions disproportionately affecting minority populations, and for other purposes; Sponsor: Strickland, Marilyn [Rep.-D-WA-10]; Committees: House – Energy and Commerce; Ways and Means; Natural Resources

Senate Adopts Limited Scope Budget Resolution – The Senate adopted its fiscal year 2025 budget resolution last week in a 52-48 vote, the first stage in the budget reconciliation process that would allow Republicans to bypass the filibuster and pass qualifying legislation with a simple majority. Sen. Rand Paul (R-Ky.) joined all Democrats in opposing the resolution. The upper chamber’s proposal would authorize $85.5 billion in annual spending fully offset by corresponding cuts in spending. Republicans rejected 30 Democratic amendments during the “vota-a-rama” in which unlimited amendments were permitted to be offered. Republicans unanimously adopted an amendment calling on the final budget reconciliation bill to strengthen and improve Medicaid for the most vulnerable populations, as well as an amendment calling for a reduction in spending on federal regulations. The Senate resolution sets up a two-reconciliation bill approach – with the first budget reconciliation bill targeting policies related to energy, defense, and border control, leaving tax policy for a second, future piece of reconciliation legislation.

 

The House of Representatives was in recess last week but returns to session on Monday. The House is scheduled to consider its budget resolution on the floor in the coming days. The House blueprint paves the way for a budget reconciliation bill that includes at least $4.5 trillion in tax cuts and $1.5 trillion in spending cuts over the next decade. The Senate budget resolution was passed shortly after President Donald Trump surprised Senate Republicans by endorsing the House-approach of one reconciliation bill.

 

E&C Issues RFI on Data Privacy – Republican leadership of the House Energy and Commerce Committee has issued a request for information (RFI) on the parameters of a federal comprehensive data privacy and security framework. The RFI follows the panel’s formation of a data privacy working group. The committee poses specific questions related to personal information, transparency, and consumer rights; existing privacy frameworks and protections; data security; artificial intelligence; and accountability and enforcement. Stakeholders should submit their responses to [email protected] no later than April 7, 2025.

 

Updates on State Coalition Lawsuit Against NIH in Response to Indirect Cost Rate Cuts – On February 10, 2025, a coalition of 22 Attorneys General filed a lawsuit against the federal government in response to new National Institutes of Health (NIH) guidance that would impose a 15% cap on indirect cost rates for NIH grants. The coalition is seeking both preliminary and permanent injunctive relief to prevent the NIH from implementing the guidance. In response to the initial complaint, Judge Angel Kelley of the U.S. District Court for the District of Massachusetts issued a temporary restraining order (TRO) that barred the implementation of the rate cuts in the plaintiff states. The TRO was then expanded nationwide.

 

On Friday, February 21, the court heard oral arguments from both parties, which included debate of whether the plaintiffs would suffer “irreparable harm” from the decreased funding. The plaintiffs outlined a series of potential damages, including the loss of skilled research support staff, facility maintenance challenges, equipment operation disruptions, clinical trial interruptions, and reductions in community health services. In response, the federal government argued that such harms could be mitigated by alternative funding sources, including private investments.

 

Beyond the question of irreparable harm, the court will examine whether NIH was obligated to follow notice and comment rules when issuing its guidance. While the plaintiffs contend that the guidance creates procedural rights and duties, the federal government has countered that the guidance is merely an interpretive statement (rather than a rule which requires notice and comment periods).

 

Judge Kelley is set to weigh all arguments in determining whether to issue a preliminary injunction—and if so, whether it should be confined to the plaintiff states or applied nationwide. In the interim, the TRO has been expanded until the court can rule on the injunction question.

 

Trump Administration Weighs in on USPSTF Braidwood Lawsuit – The Trump administration has filed its first brief in a Supreme Court case that will decide the constitutionality of the U.S. Preventive Services Task Force (USPSTF). The case, which will be heard before the Court later this year, follows a lower court ruling that the USPSTF is unconstitutional because its members wield power that resembles legislative authority without being appointed by the President and confirmed by the Senate.  The Trump White House has aligned itself with its Biden administration predecessors in defending the Affordable Care Act’s preventive services mandate and requirements for no-cost access to services; however, the new administration goes further in its arguments regarding the authority of the U.S. Department of Health and Human Services (HHS) secretary. The Biden administration previously argued that USPSTF’s authority derives from the HHS secretary, who retains a supervisory role over the task force. The Trump administration further argues that the HHS secretary has full authority over USPSTF, including final say over its membership, recommendations, and course of studies.

 

Latest Executive Orders from the Trump White House – President Donald Trump signed an executive order (E.O.) last week that aims to expand access to invitro fertility treatments. While the E.O. requires the Domestic Policy Council to draft policy recommendations to both protect IVF access and reduce out-of-pocket and health plan costs for the treatment, congressional action would be necessary to place any coverage mandates on self-funded health plans. The President also signed an E.O. titled Commencing the Reduction of the Federal Bureaucracy. In addition to eliminating the non-statutory components and functions of the Presidio Trust, the Inter-American Foundation, the United States African Development Foundation, and the United States Institute of Peace, the order also terminates the Secretary’s Advisory Committee on Long COVID within HHS and the Health Equity Advisory Committee within the Centers for Medicare and Medicaid Services.

 

Upcoming Congressional Hearings and Markups

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “From Reset to Rollout: Can the VA EHRM Program Finally Deliver?” 3:00 p.m.; February 24

 

House Energy and Commerce Subcommittee on Health hearing “An Examination of How Reining in PBMs Will Drive Competition and Lower Costs for Patients;” 10:00 a.m.; February 26

 

Senate Special Committee on Aging hearing “Combating the Opioid Epidemic;” 3:30 p.m.; February 26

 

Recently Introduced Health Legislation

H.R.1396 — To amend the Internal Revenue Code of 1986 to establish the generic drugs and biosimilars production credit, and for other purposes; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House – Ways and Means

 

H.R.1392 — 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 individuals in prison or jail; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House – Judiciary

 

H.R.1384 — To authorize Department of Veterans Affairs health care providers to provide recommendations and opinions to veterans regarding participation in State marijuana programs; Sponsor: Mast, Brian J. [Rep.-R-FL-21]; Committees: House – Veterans’ Affairs

 

H.R.1381 — COVID-19 Vaccination Non-Discrimination Act – To prohibit Federal funds from being made available to entities that refuse to provide treatment based on COVID19 vaccination status; Sponsor: Houchin, Erin [Rep.-R-IN-9]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1370 — Unobligated Spending Adjustment to Focus Investment on Relief and Support for Taxpayers Act – To transfer unobligated funds from the United States Agency for International Development to the Disaster Relief Fund; Sponsor: Brecheen, Josh [Rep.-R-OK-2]; Committees: House – Appropriations

 

H.R.1364 — Automotive Support Services to Improve Safe Transportation (ASSIST) Act – To amend title 38, United States Code, to provide clarification regarding the inclusion of medically necessary automobile adaptations in Department of Veterans Affairs definition of “medical services”; Sponsor: Barrett, Tom [Rep.-R-MI-7]; Committees: House – Veterans’ Affairs

 

S.605 — A bill to amend title 38, United States Code, to increase the maximum age for children eligible for medical care under the CHAMPVA program, and for other purposes; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Veterans’ Affairs

 

S.607 — A bill to require the Secretary of Veterans Affairs to establish an integrated project team to improve the process for scheduling appointments for health care from the Department of Veterans Affairs, and for other purposes; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate – Veterans’ Affairs

 

S.609 — A bill to improve mental health services of the Department of Veterans Affairs, and for other purposes; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Veterans’ Affairs

 

S.617 — A bill to permit the Attorney General to award grants for accurate data on opioid-related overdoses, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Judiciary

 

H.R.1403 — To amend title XIX of the Social Security Act to require States to verify certain eligibility criteria for individuals enrolled for medical assistance quarterly, and for other purposes; Sponsor: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House – Energy and Commerce

 

H.R.1404 — To amend title 38, United States Code, to increase the maximum age for children eligible for medical care under the CHAMPVA program, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.1405 — To direct the Comptroller General of the United States to conduct a study to assess the key regulatory barriers that impede the expansion or siting of new pharmaceutical manufacturing facilities in the United States, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce

 

H.R.1406 — To amend title XVIII of the Social Security Act to authorize the coverage of additional lung cancer screening tests under the Medicare program; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1407 — To amend title XVIII of the Social Security Act to remove geographic requirements and expand originating sites for telehealth services under the Medicare program; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1410 — To amend title XXXIII of the Public Health Service Act with respect to flexibility and funding for the World Trade Center Health Program; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Committees: House – Energy and Commerce

 

H.R.1414 — To amend the Internal Revenue Code of 1986 to restore the amount of the orphan drug tax credit; Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House – Ways and Means

 

H.R.1417 — To expand and codify the Rural Hospital Technical Assistance Program of the Department of Agriculture and rename it as the Rural Health Care Facility Technical Assistance Program; Sponsor: Jackson, Ronny [Rep.-R-TX-13]; Committees: House – Agriculture

 

H.R.1424 — To amend the Internal Revenue Code of 1986 to increase the employer tax credit for paid family and medical leave; Sponsor: Mackenzie, Ryan [Rep.-R-PA-7]; Committees: House – Ways and Means

 

H.R.1427 — To amend the Internal Revenue Code of 1986 to increase the amount of the adoption credit and to establish the in vitro fertilization expenses credit; Sponsor: Mackenzie, Ryan [Rep.-R-PA-7]; Committees: House – Ways and Means

 

H.R.1432 — To prohibit any Federal law from making the manufacturer of a COVID-19 vaccine immune from suit or liability, or limiting the liability of such a manufacturer, with respect to claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a COVID-19 vaccine, and for other purposes; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Judiciary

 

H.R.1433 — To amend title XIX of the Social Security Act to renew the application of the Medicare payment rate floor to primary care services furnished under the Medicaid program, and for other purposes; Sponsor: Schrier, Kim [Rep.-D-WA-8]; Committees: House – Energy and Commerce

 

H.R.1435 — To amend title V of the Social Security Act to extend funding for the family-to-family health information centers; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House – Energy and Commerce

 

S.628 — A bill to suspend the entry of covered aliens in response to the fentanyl public health crisis; Sponsor: Scott, Tim [Sen.-R-SC]; Committees: Senate – Judiciary

 

S.632 — A bill to amend the Indian Health Care Improvement Act to allow Indian Health Service scholarship and loan recipients to fulfill service obligations through half-time clinical practice, and for other purposes; Sponsor: Cortez Masto, Catherine [Sen.-D-NV]; Committees: Senate – Indian Affairs

 

S.635 — A bill to amend title 38, United States Code, to direct the Secretary of Veterans Affairs to recognize nurse registries for purposes of the Veterans Community Care Program, and for other purposes; Sponsor: Tuberville, Tommy [Sen.-R-AL]; Committees: Senate – Veterans’ Affairs

 

S.641 — A bill to amend the Federal Food, Drug, and Cosmetic Act to allow for the personal importation of safe and affordable drugs from approved pharmacies in Canada; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.652 — 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.653 — A bill to amend the Internal Revenue Code of 1986 to treat membership in a health care sharing ministry as a medical expense, and for other purposes; Sponsor: Budd, Ted [Sen.-R-NC]; Committees: Senate – Finance

 

S.654 — 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.664 — A bill to replace the National Institute of Allergy and Infectious Diseases with 3 separate national research institutes; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.665 — A bill to amend title XIX of the Social Security Act to establish the Health Engagement Hub Demonstration Program to increase access to treatment for opioid use disorder and other substance use disorders, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate – Finance

 

S.666 — A bill to increase access to mental health, substance use, and counseling services for first responders, and for other purposes; Sponsor: Gillibrand, Kirsten E. [Sen.-D-NY]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.668 — A bill to amend title 38, United States Code, to establish the Office of Falls Prevention of the Department of Veterans Affairs, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate – Veterans’ Affairs

 

S.678 — A bill to amend title XIX of the Social Security Act to require States to verify certain eligibility criteria for individuals enrolled for medical assistance quarterly, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Finance

 

S.Res.87 — A resolution designating February 2025 as “American Heart Month”; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

Senate Confirms RFK Jr. as HHS Secretary – Robert F. Kennedy Jr. was sworn in as Secretary of the U.S. Department of Health and Human Services (HHS) on Thursday. The Senate confirmed Kennedy earlier that day by a vote of 52-48. Sen. Mitch McConnell (R-Ky.) was the only Republican to join the Democratic caucus in opposing RFK’s confirmation on the Senate floor. McConnell is a childhood polio survivor who has repeatedly expressed concerns about the new HHS secretary’s history of questioning the safety of scientifically proven vaccines.

 

President Signs EO to Establish MAHA Commission – President Donald Trump signed an executive order on Thursday launching the Make America Healthy Again Commission. The new commission, which will be chaired by HHS Secretary Robert F. Kennedy Jr., is charged with assessing the current state of pediatric chronic disease and releasing a strategy to address the issue within 180 days. The order specifically contains the following directives for federal agencies:

• All federally funded health research should empower Americans through transparency and open-source data, and should avoid or eliminate conflicts of interest that skew outcomes and perpetuate distrust;
• The National Institutes of Health and other health-related research funded by the federal government should prioritize gold-standard research on the root causes of why Americans are getting sick;
• Agencies shall work with farmers to ensure that United States food is the healthiest, most abundant, and most affordable in the world; and
• Agencies shall ensure the availability of expanded treatment options and the flexibility for health insurance coverage to provide benefits that support beneficial lifestyle changes and disease prevention.

 

Budget Committees Mark Up FY 2025 Budget Resolutions – The House and Senate Budget committees began the budget reconciliation process last week, each marking up separate fiscal year 2025 budget resolutions. The Senate Budget Committee advanced its blueprint for a reconciliation bill focused on border security, the military, and domestic energy production in an 11-10 party line vote. To fully offset the $85.5 billion package, the resolution outlines minimum savings to be achieved by each congressional committee. The resolution requires that the Senate Finance Committee and the Senate Health, Education, Labor, and Pensions Committee each report changes in law that reduce the deficit by at least $1 billion over the next ten years.

 

The House fiscal blueprint was approved in a 21-16 party line vote. The House’s budget resolution calls for $880 billion in savings over the next decade to come from the Energy and Commerce Committee. Energy and Commerce Chair Brett Guthrie (R-Ky.) has stated that GOP leadership is deferring to committee leaders on exactly how this spending target will be reached. House Speaker Mike Johnson (R-La.) indicated that the chamber will vote on adopting the resolution before the end of the month. The House will reconvene following the chamber’s President’s Day recess on February 24.

 

 

E&C Republicans Form Data Privacy Working Group – Republican leaders of the House Energy and Commerce Committee announced the formation of a data privacy working group last week. The group, which will be led by Vice Chair John Joyce, MD (R-Pa.), plans to explore a framework for the creation of a national data privacy standard. The working group will also include Reps. Morgan Griffith (Va.), Troy Balderson (Ohio), Jay Obernolte (Calif.), Russell Fry (S.C.), Nick Langworthy (N.Y.), Tom Kean (N.J.), Craig Goldman (Texas), and Julie Fedorchak (N.D.). Stakeholders interested in engaging with the working group can reach out to [email protected] for more information.

 

Senate Dems Urge White House to Protect Medicare, Medicaid – More than 30 Senate Democrats have signed a letter to the Trump administration expressing concern about the Department of Government Efficiency’s (DOGE) recent visit to the Centers for Medicare and Medicaid Services (CMS) during which DOGE representatives gained access to CMS’ payment and contracting systems. The letter, led by Sens. Ed Markey (D-Mass.) and Elizabeth Warren (D-Mass.), warns that it is “dangerously unacceptable” that DOGE leader Elon Musk has access to sensitive CMS systems. “Masquerading as a false crusade against waste, fraud, and abuse, Musk appears intent to break the programs that seniors, people with disabilities, children, and families rely on to get their health care,” the senators write. They express opposition to any efforts by the administration to cut or damage the Medicare or Medicaid programs.

 

Court Temporarily Blocks New NIH Funding Policy – A federal court has granted a temporary restraining order barring the nationwide implementation of the White House’s attempt to reduce funding for research supported by the National Institutes of Health (NIH). A hearing date is scheduled for February 21. The Trump administration had directed the NIH to cut funding for extramural research by capping the maximum indirect cost rate at 15%. Such rates average nearly 30%, though some universities have negotiated rates over 60%. The NIH estimates that the cuts would save about $4 billion annually. Twenty-two states filed a lawsuit in response to the change, arguing that the cap is in violation of statute protecting negotiated indirect cost rates. The proposed cap on indirect costs has been met with widespread opposition by Democrats on Capitol Hill but has garnered a more mixed reaction amongst Republicans. Chair of the Senate Appropriations Subcommittee on Labor-Health and Human Services Shelley Moore Capito (R-W.Va.) responded that indirect costs need to be brought “in line with what would be considered reasonable cost share.” Senate Appropriations Committee Chair Susan Collins (R-Maine), however, stated that the cuts “would be devastating, stopping vital biomedical research and leading to the loss of jobs” and noted that the move was in violation of the appropriations package passed by Congress last March, which included language prohibiting the use of funds to modify indirect costs.  In fact, each of the appropriations bills since the third quarter of fiscal year 2017 have included language prohibiting deviations from negotiated indirect costs rates. That language was enacted following a proposal from the first Trump administration to cap indirect costs at 10 percent, which lawmakers rejected.

 

MN Sen. Smith Announces Plans to Retire – Sen. Tina Smith (D-Minn.) announced last week that she does not plan to seek reelection next year. Smith has served in the Senate since 2018, when she was appointed to fill the seat of Sen. Al Franken (D) following his resignation. She currently serves on the Senate Finance Committee. Smith is the second Senate Democrat – along with Sen. Gary Peters (D-Mich.) – to announce their forthcoming retirement.

 

Rep. Larson Experiences Seizure on House Floor – Rep. John Larson (D-Conn.) experienced a seizure on the House floor last Tuesday. According to a statement from Larson on social media, the lawmaker was seen by the House Attending Physician after his speech momentarily paused on the House floor. It was determined that the cause of the problem was a complex partial seizure. “Fifteen years ago, I had a heart valve replacement due to a variation in the shape of my aortic valve that I was born with,” Larson’s statement explained. “Sometimes, people with this condition can later develop symptoms such as the momentary change in speech or movement that was apparent yesterday.”

 

HHS Personnel Update – President Trump announced several new nominees for positions at HHS last week.

• Gustav Chiarello III was tapped to serve as HHS Assistant Secretary for Financial Resources. Chiarello is senior special counsel at the House Judiciary Committee and a visiting fellow at the Tech and Public Policy Program at Georgetown’s McCourt School of Public Policy. He previously worked as an antitrust attorney at the Federal Trade Commission.
• Gary Andres has been nominated to serve as HHS Assistant Secretary for Legislation. Andres is currently Republican Staff Director for the House Budget Committee. He previously served in the George W. Bush and George H.W. Bush administrations.
• Michael Stuart has been nominated to serve as HHS General Counsel. Stuart is a Republican West Virginia State Senator.

 

 

Upcoming Congressional Hearings and Markups

Senate Veterans’ Affairs Committee hearing to consider the nomination of The Honorable Paul Lawrence, Ph.D. to be Deputy Secretary of Veterans Affairs; 9:30 a.m.; February 19

 

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “From Reset to Rollout: Can the VA EHRM Program Finally Deliver?” 3:00 p.m.; February 24

 

Recently Introduced Health Legislation

H.R.1143 — To amend title XVIII of the Social Security Act to expand coverage of the in-home administration of intravenous immune globulin under the Medicare program. Sponsor: Smith, Adrian [Rep.-R-NE-3]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1142 — To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish drug adherence guidelines, and for other purposes. Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House – Energy and Commerce

 

H.R.1140 — To amend the Internal Revenue Code of 1986 to allow individuals with direct medical care service arrangement to remain eligible individuals for purposes of health savings accounts, and for other purposes. Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Ways and Means

 

H.R.1127 — To establish a demonstration program to provide payments on eligible loans for individuals who are eligible for the National Health Service Corps Loan Repayment Program. Sponsor: Kustoff, David [Rep.-R-TN-8]; Committees: House – Energy and Commerce

 

H.R.1126 — To require a study on public health impacts as a consequence of the February 3, 2023, train derailment in East Palestine, Ohio. Sponsor: Joyce, David P. [Rep.-R-OH-14]; Committees: House – Energy and Commerce

 

H.R.1123 — To abolish the United States Agency for International Development, and for other purposes. Sponsor: Greene, Marjorie Taylor [Rep.-R-GA-14]; Committees: House – Foreign Affairs; Appropriations

 

H.R.1120 — To abolish the John E. Fogarty International Center for Advanced Study in the Health Sciences. Sponsor: Gill, Brandon [Rep.-R-TX-26]; Committees: House – Energy and Commerce

 

H.R.1117 — To amend the Federal Food, Drug, and Cosmetic Act to restrict direct-to-consumer drug advertising. Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House – Energy and Commerce

 

H.R.1108 — To amend the Public Health Service Act to direct the Secretary of Health and Human Services to develop a plan to improve the development and distribution of diagnostic tests during a public health emergency, and for other purposes. Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce

 

S.494 — A bill to establish a national plan to coordinate research on epilepsy, and for other purposes; Sponsor: Schmitt, Eric [Sen.-R-MO]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.500 — A bill to reauthorize certain programs under the SUPPORT for Patients and Communities Act, and for other purposes; Sponsor: McConnell, Mitch [Sen.-R-KY]; Committees: Senate – Banking, Housing, and Urban Affairs

 

S.501 — A bill to require the Secretary of Health and Human Services to develop a strategy for public health preparedness and response to artificial intelligence threats, and for other purposes; Sponsor: Budd, Ted [Sen.-R-NC]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.502 — A bill to amend title XVIII of the Social Security Act to restore State authority to waive for certain facilities the 35-mile rule for designating critical access hospitals under the Medicare program, and for other purposes; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate – Finance

 

H.R.1153 — To amend title XVIII of the Social Security Act to support rural residency training funding that is equitable for all States, and for other purposes; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1157 — To allow individuals to elect to receive contributions to a health savings account in lieu of reduced cost-sharing under health insurance obtained through a health insurance Exchange; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1160 — To amend the Internal Revenue Code of 1986 to clarify the treatment of locum tenens physicians and advanced care practitioners as independent contractors to help alleviate physician shortages, including in underserved areas; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Ways and Means

 

H.R.1162 — To facilitate direct primary care arrangements under Medicaid; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.1171 – To amend title XVIII of the Social Security Act to include physical therapists and occupational therapists as health professionals for purposes of the annual wellness visit under the Medicare program, and for other purposes; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1178 — 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

 

S.506 — A bill 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: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

 

S.521 — 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.523 — A bill to amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for the administrative costs of providing health benefits to individuals who are unauthorized immigrants; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Finance

 

S.526 — A bill to prevent unfair and deceptive acts or practices and the dissemination of false information related to pharmacy benefit management services for prescription drugs, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Commerce, Science, and Transportation

 

S.527 — A bill to require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Judiciary

 

S.529 — A bill to limit cost-sharing for prescription drugs, and for other purposes; Sponsor: Warnock, Raphael G. [Sen.-D-GA]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.1189 — To establish a national plan to coordinate research on epilepsy, and for other purposes; Sponsor: Costa, Jim [Rep.-D-CA-21]; Committees: House – Energy and Commerce

 

H.R.1191 — 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.1195 — To amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for the administrative costs of providing health benefits to individuals who are unauthorized immigrants; Sponsor: Hudson, Richard [Rep.-R-NC-9]; Committees: House – Energy and Commerce

 

H.R.1196 — To prohibit the use of Federal funds to eliminate the United States Agency for International Development; Sponsor: Jacobs, Sara [Rep.-D-CA-51]; Committees: House – Foreign Affairs

 

H.R.1197 — To reauthorize the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Energy and Commerce

 

H.R.1201 — To amend the Immigration and Nationality Act to increase the number of physicians who may be provided Conrad 30 waivers; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House – Judiciary

 

H.R.1219 — To amend the Internal Revenue Code of 1986 to include over-the-counter oral healthcare products as qualified medical expenses which can be purchased with HSA and FSA funds; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Ways and Means

 

H.R.1221 — To amend titles II and XVIII of the Social Security Act to establish a Social Security Surplus Protection Account in the Federal Old-Age and Survivors Insurance Trust Fund to hold the Social Security surplus and a Medicare Surplus Protection Account in the Federal Hospital Insurance Trust Fund to hold the Medicare surplus, to provide for suspension of investment of amounts held in such Accounts until enactment of legislation providing for investment of the Trust Funds in investment vehicles other than obligations of the United States, and to establish a Social Security and Medicare Part A Investment Commission to make recommendations for alternative forms of investment of the Social Security and Medicare surpluses; Sponsor: Walberg, Tim [Rep.-R-MI-5]; Committees: House – Ways and Means

 

S.532 — A bill to authorize the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation Network, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.540 — A bill to amend title 38, United States Code, to require the consideration of continuity of health care in determining best medical interest under the Veterans Community Care Program, and for other purposes; Sponsor: Tuberville, Tommy [Sen.-R-AL]; Committees: Senate – Veterans’ Affairs

 

S.547 — A bill to require the Secretary of Health and Human Services and the Secretary of Labor to conduct a study and issue a report on grant programs to support the nursing workforce; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.551 — A bill to amend title XVIII of the Social Security Act to provide for the application of a cost-of-living adjustment to the non-labor related portion for hospital outpatient department services furnished in Alaska and Hawaii; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate – Finance

 

S.552 — 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.553 — A bill to amend title XVIII of the Social Security Act to establish a floor on payments to sole community hospitals located in Alaska and Hawaii under the hospital outpatient prospective payment system; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate – Finance

 

H.J.Res.46 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)”; Sponsor: Clyde, Andrew S. [Rep.-R-GA-9]; Committees: House – Energy and Commerce

 

H.J.Res.58 — 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; Calendar Year (CY) 2025 Home Health Prospective Payment System (HH PPS) Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin (IVIG) Items and Services Rate Update; and Other Medicare Policies”; Sponsor: Clyde, Andrew S. [Rep.-R-GA-9]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1227 — To amend title XVIII of the Social Security Act to ensure appropriate access to non-opioid pain management drugs under part D of the Medicare program; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1244 — To amend title XVIII of the Social Security Act to require that coinsurance for drugs under Medicare part D be based on the drug’s actual acquisition cost and not the drug’s wholesale acquisition cost; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1246 – To amend the Farm Credit Act of 1971 to provide support for facilities providing healthcare, education, child care, public safety, and other vital services in rural areas; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Agriculture

 

H.R.1248 — To amend title 38, United States Code, to require the consideration of continuity of health care in determining best medical interest under the Veterans Community Care Program, and for other purposes; Sponsor: Franklin, Scott [Rep.-R-FL-18]; Committees: House – Veterans’ Affairs

 

H.R.1254 — To improve obstetric emergency care; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Energy and Commerce

 

H.R.1256 — 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 Workforce

 

H.R.1257 — To permit the Attorney General to award grants for accurate data on opioid-related overdoses, and for other purposes; Sponsor: Lee, Laurel M. [Rep.-R-FL-15]; Committees: House – Judiciary

 

H.R.1262 — To amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for other purposes; Sponsor: McCaul, Michael T. [Rep.-R-TX-10]; Committees: House – Energy and Commerce

 

H.R.1269 — To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide public safety officer benefits for exposure-related cancers, and for other purposes; Sponsor: Scanlon, Mary Gay [Rep.-D-PA-5]; Committees: House – Judiciary

 

S.J.Res.19 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)”; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Environment and Public Works

 

S.575 — A bill to amend titles XVIII and XIX of the Social Security Act to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate – Finance

 

S.585 — A bill to amend title 38, United States Code, to establish a pre-transition health care registration process to facilitate enrollment in the patient enrollment system of the Department of Veterans Affairs by members of the Armed Forces who are separating from the Armed Forces, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate – Veterans’ Affairs

 

S.595 — A bill to establish the Office of Gun Violence Prevention, and for other purposes; Sponsor: Murphy, Christopher [Sen.-D-CT]; Committees: Senate – Judiciary

 

H.R.1279 — To amend title XIX of the Social Security Act to establish a community engagement requirement for certain individuals under the Medicaid program; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House – Energy and Commerce

 

H.R.1288 — To amend title 38, United States Code, to increase the mileage rate offered by the Department of Veterans Affairs through their Beneficiary Travel program for health related travel, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.1289 — To direct the Secretary of Veterans Affairs to establish and carry out a pilot program to administer to eligible veterans medically-tailored meals and groceries, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Veterans’ Affairs

 

H.R.1290 — To direct the Secretary of Veterans Affairs to carry out a pilot program under which the Department of Veterans Affairs refers veterans experiencing mental health crises to approved non-Department mental health care providers, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Veterans’ Affairs

 

H.R.1291 — To amend the Public Health Service Act to ensure that nonanimal methods are prioritized, where applicable and feasible, in proposals for all research to be conducted or supported by the National Institutes of Health, to provide for the establishment of the National Center for Alternatives to Animals in Research and Testing, and for other purposes; Sponsor: Calvert, Ken [Rep.-R-CA-41]; Committees: House – Energy and Commerce

 

H.R.1300 — To amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without the imposition of cost-sharing requirements, and for other purposes; Sponsor: Dunn, Neal P. [Rep.-R-FL-2]; Committees: House – Energy and Commerce

 

H.R.1303 — To prohibit the Secretary of Health and Human Services from implementing, administering, or enforcing provisions relating to minimum staffing standards for long-term care facilities and Medicaid institutional payment transparency reporting; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1305 — To direct the Secretary of Health and Human Services to establish a working group to formulate recommendations for standardizing the measurements of loneliness and isolation, and for other purposes; Sponsor: Flood, Mike [Rep.-R-NE-1]; Committees: House – Energy and Commerce

 

H.R.1307 — To establish the Office of Gun Violence Prevention, and for other purposes; Sponsor: Frost, Maxwell [Rep.-D-FL-10]; Committees: House – Judiciary

 

H.R.1317 — To amend titles XVIII and XIX of the Social Security Act to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes; Sponsor: Joyce, David P. [Rep.-R-OH-14]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1336 — To direct the Secretary of Veterans Affairs to establish a pilot program to furnish hyperbaric oxygen therapy to a veteran who has a traumatic brain injury or post-traumatic stress disorder; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House – Veterans’ Affairs

 

H.R.1339 — To direct the Comptroller General of the United States to carry out a study relating to the resiliency of Social Security and Medicare; Sponsor: Nunn, Zachary [Rep.-R-IA-3]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1349 — To amend title XI of the Social Security Act to exclude providers of certain abortion services from participation in the Medicare program; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1358 — To amend title XVIII of the Social Security Act to codify patients’ rights to hospital visitation, and for other purposes; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Ways and Means; Energy and Commerce

 

Senate Republicans Release FY 2025 Budget Resolution – On Friday, Senate Budget Committee Chairman Lindsey Graham (R-S.C.) released the text of the Senate’s fiscal year 2025 budget resolution providing the blueprint for a reconciliation bill focused on border security, the military, and domestic energy production. To fully offset the $85.5 billion package, the resolution outlines minimum savings to be achieved by each congressional committee. The resolution requires that the Senate Finance Committee and the Senate Health, Education, Labor, and Pensions (HELP) Committee each report changes in law that reduce the deficit by at least $1 billion over the next ten years. The Senate Budget Committee plans to mark up the budget resolution on Wednesday and Thursday. The House Budget Committee, which did not meet last week to mark up a budget resolution as expected, has yet to officially start the budget reconciliation process.

 

Senate Vote on RFK Jr.’s Nomination Expected This Week – The Senate Finance Committee favorably reported the nomination of Robert F. Kennedy, Jr. to be Secretary of the U.S. Department of Health and Human Services in a 14-13 party line vote on February 4. Sen. Bill Cassidy, MD (R-La.) was the key vote in support of advancing the nomination. Cassidy, Chairman of the Senate HELP Committee, had repeatedly expressed reservations about Kennedy’s history of undermining confidence in vaccines. In his Senate floor speech later that day, Sen. Cassidy detailed his decision to vote yes stating that if confirmed, he and Mr. Kennedy would have “an unprecedently close collaborative working relationship,” and that the nominee committed to working within the current vaccine approval and safety monitoring systems. Kennedy also committed to Cassidy to provide a 30-day notice to the HELP Committee if the agency seeks to make changes to federal vaccine safety monitoring programs.  The Senate voted 52-47 on Thursday on the motion to proceed to executive session to consider RFK’s nomination. Senate Majority Whip John Barrasso (R-Wyo.) has stated that the full chamber will vote on his confirmation this week.

 

Senate Confirms Doug Collins as VA Secretary – The Senate confirmed Doug Collins to serve as Secretary of Veterans Affairs by a vote of 77-23 last week. Collins is a former Georgia congressman who served in the House of Representatives from 2013 to 2021. Collins has stated that as VA Secretary he will focus on expanding access to community care for veterans as well as implementation of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act (Public Law No: 117-168).

 

Senate Confirms Russ Vought as OMB Director – Russ Vought will serve as Director of the Office of Management and Budget (OMB) – the same position he held during President Donald Trump’s first term in office – following his Senate confirmation by a vote of 53-47 last week. Vought previously worked for the Heritage Foundation as well the Republican Study Committee. He is also one of the architects of Project 2025, a conservative blueprint for Trump’s second term. Vought has expressed support for the idea that the Impoundment Control Act is unconstitutional and that the Executive Branch should have more control over spending appropriated by Congress.

 

House Passes Fentanyl Scheduling Bill – The House of Representatives passed the HALT Fentanyl Act (H.R. 27) by a vote of 312-108 last week. The legislation would permanently classify fentanyl-related substances as Schedule I substances and would modify registration processes for research activities involving controlled substances.  Fentanyl’s temporary scheduling is set to expire on March 31. A similar fentanyl measure in the Republican-controlled Senate has enough Democratic cosponsors to overcome a filibuster.

 

Trump Administration’s Efforts to Downsize Federal Government – During the second week of his second term in office, President Donald Trump offered two million civilian full-time federal employees the opportunity to stop working and receive pay and benefits through September 30 in an attempt to cut the size of the federal government.  The deferred resignation program was paused by a federal judge before it was set to expire at 11:59 p.m. on February 6; in response, the White House delayed the deadline until 11:59 p.m. on Monday, February 10. Reports indicate that the offer has been accepted by more than 50,000 people.  The White House is reportedly aiming to cull the federal workforce by 2 to 5% in total.

 

Recent reports also indicate that the White House is working on an executive order (E.O.) related specifically to the workforce of the U.S. Department of Health and Human Services’ (HHS) according to multiple news outlets who cite people familiar with the matter. HHS currently employs over 83,000 people. Many of the rumors described below relate to probationary staff – an employment period that can extend one or two years into an individual’s federal service. While employees of probationary status include junior staff, they may also include long-time employees who recently took on new positions. The President issued a related memo on his first day in office ordering all federal agencies to report the names of employees in probationary periods to the Office of Personnel Management (OPM) by January 24. OPM issued a new memo last week asking federal agencies to report their poorest-performing employees by March 7.

• The White House has denied that it is drafting an E.O. to cut workers across federal health agencies (Reuters, Feb. 6).
• The E.O. could be signed as soon as the week of February 9 and would require health agencies to cut a certain percentage of employees. HHS officials have been told to prepare lists of probationary workers who have essential roles and must be retained and those who do not (Wall Street Journal, Feb. 6).
• HHS officials have been “urgently” instructed to rank thousands of their employees who are in probationary periods, with as much as 40% to be deemed “not mission critical.” Officials at the Centers for Disease Control and Prevention (CDC) have been told to rank 10% of their probationary staff as mission-critical, 50% as important, and 40% as not mission-critical. CDC’s rankings were due on February 6. Officials in other federal health agencies described similar requests to rank probationary employees and to justify why probationary employees should be retained. A CDC employee in the office of the chief operating officer said they expected employees identified as non-mission-critical to lose their jobs. About 135 people in the office are in probationary periods (The Washington Post, Feb. 6).
• An estimated 2,800 probationary and full-time CDC employees are at risk (Bloomberg, Feb. 6).
• An email sent to Food and Drug Administration staff on February 6 instructs officials to address “anything related to Covid” and contracts that would “be deemed wasteful by an average citizen if made public,” including General Services Administration contracts for services to support diversity, equity, inclusion and accessibility offices, telework, swag or advertising spending. HHS staff were asked to flag any contract that is inconsistent with the President’s recent E.O.s, including those focused on sustainability or “other environmental services not required by the law,” and contracts that support the Biden administration’s telework policies for federal employees (Bloomberg, Feb. 6).

 

CMS Latest Agency to Coordinate with DOGE – The Department of Government Efficiency (DOGE) recently visited the Centers for Medicare and Medicaid Services (CMS) to mine the agency’s data systems for fraud and waste. DOGE representatives gained access to CMS’ payment and contracting systems. The DOGE team has also been working to target any U.S. Department of Health and Human Services contracts related to diversity, equity, and inclusion for cancellation. CMS has two senior agency officials – one focused on policy and one focused on operations – who are leading the collaboration with DOGE, “including ensuring appropriate access to CMS systems and technology,” according to a statement from the agency.  “We are taking a thoughtful approach to see where there may be opportunities for more effective and efficient use of resources in line with meeting the goals of President Trump.” DOGE’s visit to CMS follows similar on-site visits with the Treasury Department and U.S. Agency for International Development.

 

House Democrats Ask GAO to Monitor Medicare Drug Price Negotiation Program – Democratic health leaders in the House of Representatives have sent a letter to the Comptroller General asking that the Government Accountability Office (GAO) actively monitor the Trump administration’s operation of the Medicare Drug Price Negotiation Program. The Inflation Reduction Act directs the Comptroller General to conduct oversight of the law, and GAO has previously reviewed implementation of the program. “As the Medicare Drug Price Negotiation Program continues, new expertise will be developed and honed to improve the processes for successful negotiations in the future,” the letter states. “To build on this important work, we ask that GAO examine the ongoing implementation of the Medicare Drug Price Negotiation Program to ensure that it further reduces prescription drug prices, saves seniors money, and drives down federal spending.”

 

Upcoming Congressional Hearings and Markups

House Rules Committee hearing on H.R. 77, Midnight Rules Relief Act; 4:00 p.m.; February 10

 

House Ways and Means Subcommittee on Health hearing “Modernizing American Health Care: Creating Healthy Options and Better Incentives;” 2:00 p.m.; February 11

 

Senate Budget Committee markup of the Concurrent Resolution on the Budget for Fiscal Year 2025; 10:00 a.m.; February 12

 

House Veterans’ Affairs Subcommittee on Health hearing “Roles and Responsibilities: Evaluating VA Community Care;” 2:15 p.m.; February 12

 

Senate Special Committee on Aging hearing “Optimizing Longevity: From Research to Action;” 3:30 p.m.; February 12

 

House Foreign Affairs Committee hearing “The USAID Betrayal;” 8:30 a.m.; February 13

 

Senate Budget Committee continuation of markup of the Concurrent Resolution on the Budget for Fiscal Year 2025; 10:00 a.m.; February 13

 

Recently Introduced Health Legislation

H.R.903 — To amend the Clean Air Act to establish a grant program for supporting local communities in detecting, preparing for, communicating about, or mitigating the environmental and public health impacts of wildfire smoke and extreme heat, and for other purposes; Sponsor: Thompson, Mike [Rep.-D-CA-4]; Committees: House – Energy and Commerce; Science, Space, and Technology

 

H.R.895 —To amend title 18, United States Code, to require the Attorney General to investigate alleged violations of the partial birth abortion ban; Sponsor: Self, Keith [Rep.-R-TX-3]; Committees: House – Judiciary

 

H.R.894 — To authorize grants to implement school-community partnerships for preventing substance use and misuse among youth; Sponsor: Sánchez, Linda T. [Rep.-D-CA-38]; Committees: House – Energy and Commerce

 

H.R.890 — To amend title 35, United States Code, to prevent double patenting, and for other purposes; Sponsor: Ryan, Patrick [Rep.-D-NY-18]; Committees: House – Judiciary

 

H.R.879 —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.874 — To amend title 38, United States Code, to modify the rate of pay for care or services provided under the Community Care Program of the Department of Veterans Affairs based on the location at which such care or services were provided, and for other purposes; Sponsor: McCormick, Richard [Rep.-R-GA-7]; Committees: House – Veterans’ Affairs

 

H.R.873 — To amend title 10, United States Code, to modify the rate of pay for care or services provided under the TRICARE program based on the location at which such care or services were provided; Sponsor: McCormick, Richard [Rep.-R-GA-7]; Committees: House – Armed Services

 

H.R.870 —To amend title XVIII of the Social Security Act to make improvements to the redistribution of residency slots under the Medicare program after a hospital closes; Sponsor: Lee, Susie [Rep.-D-NV-3]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.852 — To provide the Food and Drug Administration with authority to conduct microbial sampling on concentrated animal feeding operations as necessary to facilitate a foodborne illness outbreak investigation, determine the root cause of an outbreak of foodborne illness, or address other public health needs; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House – Energy and Commerce

 

H.R.850 —To provide that silencers be treated the same as firearms accessories; Sponsor: Cloud, Michael [Rep.-R-TX-27]; Committees: House – Ways and Means; Judiciary

 

H.R.846 — To prohibit disinformation in the advertising of abortion services, and for other purposes; Sponsor: Bonamici, Suzanne [Rep.-D-OR-1]; Committees: House – Energy and Commerce

 

H.R.843 — 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: Barragán, Nanette Diaz [Rep.-D-CA-44]; Committees: House – Energy and Commerce

 

H.R.842 — To amend title XVIII of the Social Security Act to provide for Medicare coverage of multi-cancer early detection screening tests; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.830 — To amend the Controlled Substances Act with respect to fentanyl-related substances, and for other purposes; Sponsor: Pappas, Chris [Rep.-D-NH-1]; Committees: House – Energy and Commerce; Judiciary

 

H.Res.81 — Commending efforts to eradicate the wild poliovirus; Sponsor: Cohen, Steve [Rep.-D-TN-9]; Committees: House – Foreign Affairs

 

S.355 — 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

 

S.376 — A bill to provide the Food and Drug Administration with authority to conduct microbial sampling on concentrated animal feeding operations as necessary to facilitate a foodborne illness outbreak investigation, determine the root cause of an outbreak of foodborne illness, or address other public health needs; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.380 — A bill to improve obstetric emergency care; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.400 — A bill to amend the Internal Revenue Code of 1986 to enhance the paid family and medical leave credit, and for other purposes; Sponsor: Fischer, Deb [Sen.-R-NE]; Committees: Senate – Finance

 

H.Res.98 — Expressing support for the designation of February 4, 2025, as “National Cancer Prevention Day”; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce

 

H.J.Res.34 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)”; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Energy and Commerce

 

H.R.912 — To amend title V of the Public Health Service Act to secure the suicide prevention lifeline from cybersecurity incidents, and for other purposes; Sponsor: Obernolte, Jay [Rep.-R-CA-23]; Committees: House – Energy and Commerce

 

H.R.919 — To codify Internal Revenue Service guidance relating to treatment of certain services and items for chronic conditions as meeting the preventive care deductible safe harbor for purposes of high deductible health plans in connection with health savings accounts; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Ways and Means

 

H.R.920 — To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Judiciary

 

H.R.929 — To reauthorize the Dr. Lorna Breen Health Care Provider Protection Act, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce

 

H.R.935 — To amend the Public Health Service Act to provide for a health care workforce innovation program; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Committees: House – Energy and Commerce

 

H.R.936 — To amend title XI of the Social Security Act to provide for State approval and implementation of specified waivers under the Medicaid program; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House – Energy and Commerce

 

H.R.946 — To amend title XI of the Social Security Act to expand and clarify the exclusion for orphan drugs under the Drug Price Negotiation Program; Sponsor: Joyce, John [Rep.-R-PA-13]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.950 — To amend title XVIII of the Social Security Act to establish pharmacy benefit manager reporting requirements with respect to prescription drug plans and MA-PD plans under Medicare part D; Sponsor: Landsman, Greg [Rep.-D-OH-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.955 — 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.957 — To provide for civil monetary penalties for violations of mental health parity requirements; Sponsor: Norcross, Donald [Rep.-D-NJ-1]; Committees: House – Education and Workforce

 

H.R.958 — To amend the Public Health Service Act to reauthorize funding for grants and contracts for primary care training and enhancement, and for other purposes; Sponsor: Nunn, Zachary [Rep.-R-IA-3]; Committees: House – Energy and Commerce

 

H.R.961 — To direct the Secretary of Veterans Affairs to establish a pilot program to provide veteran health savings accounts to allow veterans to receive primary care furnished under non-Department direct primary care service arrangements, and for other purposes; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Veterans’ Affairs

 

H.R.966 — To prohibit the Secretary of Veterans Affairs from denying veteran benefits administered by the Secretary by reason of the veteran participating in a State-approved marijuana program, and for other purposes; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Veterans’ Affairs

 

H.R.996 — To amend the Internal Revenue Code of 1986 to enhance the paid family and medical leave credit, and for other purposes; Sponsor: Feenstra, Randy [Rep.-R-IA-4]; Committees: House – Ways and Means

 

H.R.999 — To protect an individual’s ability to access contraceptives and to engage in contraception and to protect a health care providers ability to provide contraceptives, contraception, and information related to contraception; Sponsor: Fletcher, Lizzie [Rep.-D-TX-7]; Committees: House – Energy and Commerce

 

H.R.1014 — To amend title 10, United States Code, to direct the Secretary of Defense to include certain tests as part of the periodic health assessments provided to members of the Armed Forces; Sponsor: Luttrell, Morgan [Rep.-R-TX-8]; Committees: House – Armed Services

 

H.R.1015 — To amend title 18, United States Code, to provide for certain rules for housing or transportation based on gender and to provide for a limitation on gender-related medical treatment; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House – Judiciary

 

H.R.1019 — To amend title XIX of the Social Security Act to ensure the reliability of address information provided under the Medicaid program; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce

 

H.R.1026 — To amend the Internal Revenue Code of 1986 to allow individuals with direct primary care service arrangements to remain eligible individuals for purposes of health savings accounts, and for other purposes; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House – Ways and Means

 

H.R.1035 — To amend the Family and Medical Leave Act to expand employees eligible for leave and employers subject to leave requirements, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House – Education and Workforce; House Administration; Oversight and Government Reform

 

S.Res.67 — A resolution declaring racism a public health crisis; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.447 — A bill to amend title XIX of the Social Security Act to implement a minimum work requirement for able-bodied adults enrolled in State Medicaid programs; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Finance

 

S.454 — A bill to authorize the Assistant Secretary for Mental Health and Substance Use to award formula grants to the States to address gambling addiction, and for other purposes; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.473 — A bill 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: Scott, Rick [Sen.-R-FL]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.474 — A bill to amend title XIX of the Social Security Act to establish a minimum Medicaid disproportionate share hospital allotment for States; Sponsor: Barrasso, John [Sen.-R-WY]; Committees: Senate – Finance

 

S.475 — A bill to amend title XVIII of the Social Security Act to ensure appropriate access to non-opioid pain management drugs under part D of the Medicare program; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate – Finance

 

S.477 — A bill to amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify the offenses relating to fentanyl, and for other purposes; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Judiciary

 

S.483 — A bill to amend the Federal Food, Drug, and Cosmetic Act to restrict direct-to-consumer drug advertising; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.Res.119 — Declaring racism a public health crisis; Sponsor: Hayes, Jahana [Rep.-D-CT-5]; Committees: House – Energy and Commerce; Judiciary

 

H.R.1051 — To amend the Federal Food, Drug, and Cosmetic Act to allow for the approval of an abbreviated new drug application submitted by a subsequent applicant in the case of a failure by a first applicant to commence commercial marketing within a certain period, and for other purposes; Sponsor: Budzinski, Nikki [Rep.-D-IL-13]; Committees: House – Energy and Commerce

 

H.R.1059 — To amend title XIX of the Social Security Act to implement a minimum work requirement for able-bodied adults enrolled in State Medicaid programs; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.1060 — To amend the Federal Food, Drug, and Cosmetic Act to modernize the methods of authenticating controlled substances in the pharmaceutical distribution supply chain, and for other purposes; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House – Energy and Commerce

 

H.R.1064 — To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances; Sponsor: Fitzgerald, Scott [Rep.-R-WI-5]; Committees: House – Energy and Commerce; Judiciary

 

H.R.1082 — To require the Secretary of Health and Human Services to conduct a national, evidence-based education campaign to increase public and health care provider awareness regarding the potential risks and benefits of human cell and tissue products transplants, and for other purposes; Sponsor: Moolenaar, John R. [Rep.-R-MI-2]; Committees: House – Energy and Commerce

 

H.R.1085 — To amend the Public Health Service Act to prohibit the National Institutes of Health from awarding any support for an activity or program that uses live animals in research unless the research occurs in the United States, and for other purposes; Sponsor: Nehls, Troy E. [Rep.-R-TX-22]; Committees: House – Energy and Commerce

 

H.R.1096 — To amend title XVIII of the Social Security Act to require coverage of 3 primary care visits without cost sharing each year under the Medicare program; Sponsor: Salinas, Andrea [Rep.-D-OR-6]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1100 — 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

 

H.R.1107 — To amend title 38, United States Code, to authorize certain heath care professionals employed by the Department of Veterans Affairs to deliver, distribute, or dispense to veterans certain controlled medications via telemedicine under certain conditions, and for other purposes; Sponsor: Womack, Steve [Rep.-R-AR-3]; Committees: House – Veterans’ Affairs

Finance Committee to Vote Tuesday on RFK Jr. – Robert F. Kennedy Jr. (RFK), nominee for secretary of the U.S. Department of Health and Human Services (HHS), appeared before the Senate Finance Committee for his confirmation hearing, as well as before the Senate Health, Education, Labor, and Pensions (HELP) Committee for a courtesy hearing, last week. Senators’ questions focused on the nominee’s stances on abortion and vaccines in particular. While Kennedy has previously written that access to abortion should be unrestricted until the infant is viable outside the womb, he repeatedly stated that he will follow President Trump’s guidance on abortion, including as it pertains to the safety of and access to Mifepristone, the hiring of anti-abortion staff at HHS, and fetal tissue research. RFK, who is commonly referred to as a vaccine skeptic, stated during his prepared testimony that he is not “anti-vaccine” but that he is “pro-safety.” During several tense exchanges with HELP Chair Bill Cassidy, MD (R-La.), Kennedy repeatedly refused to say that vaccines do not cause autism. During the more than three-hour hearings, the nominee also stumbled when pressed on basic health policy issues that would be under his purview as HHS secretary – confusing the Medicare and Medicaid programs, struggling to answer a question about EMTALA, and being unable to correctly define Medicare parts A, B, and C. Most Republican panel members, however, appeared to remain supportive of RFK’s nomination, raising issues with bipartisan common ground, including the need to address the rise of chronic disease through the Make America Healthy Again movement. RFK’s willingness to question the scientific establishment was also praised by some GOP senators.

 

The Senate Finance Committee is scheduled to vote Tuesday on whether to favorably recommend RFK’s nomination to the full Senate.  At the conclusion of the HELP Committee hearing, Sen. Cassidy – who also sits on the Finance Committee – plainly stated that he continues to have reservations about Kennedy’s confirmation tied to the nominee’s past of undermining confidence in vaccines. Republicans hold a one seat majority on the Finance Committee, which means Cassidy could prevent the panel from recommending Kennedy’s confirmation. In this case, the full Senate could vote to bring his nomination to the floor. Only one cabinet position since 1945 (President Truman’s Secretary of Commerce Henry A. Wallace) has been confirmed by the Senate after being reported adversely out of committee. Kennedy can only afford to lose three Senate GOP votes on the floor, assuming united Democratic opposition to his confirmation.

 

House GOP Holds Annual Policy Retreat – While the Senate was in session making progress on the Trump administration’s executive nominations, the House GOP held their annual policy retreat in Florida last week. Lawmakers heard from President Donald Trump, who previewed his plans to impose new tariffs on foreign pharmaceuticals during his speech. The President also reiterated his pledge not to cut the Medicare or Social Security programs. Republicans are currently considering what policies to advance via the budget reconciliation process this year, and what spending cuts should be enacted to offset the reconciliation package. GOP leadership is targeting the month of February to complete work on a budget resolution. Lawmakers would then spend the first half of March completing work on government funding for fiscal year (FY) 2025, and the second half of the month considering the reconciliation package in various committees of jurisdiction. Republicans are aiming to bring the reconciliation package to the floor during the first two weeks of April. May would be dedicated to FY 2026 appropriations. The chamber would turn its focus to raising or suspending the debt ceiling, as well as the must pass National Defense Authorization Act, in June.

 

Lawmakers Reintroduce Doc Fix Legislation – Reps. Greg Murphy, MD (R-N.C.), Jimmy Panetta (D-Calif.), John Joyce, MD (R-Pa.), Raul Ruiz, MD (D-Calif.), Mariannette Miller-Meeks, MD (R-Iowa), Kim Schrier, MD (D-Wash.), Claudia Tenney (R-N.Y.), Ami Bera, MD (D-Calif.), Carol Miller (R-W.Va.), and Raja Krishnamoorthi (D-Ill.) reintroduced the Medicare Patient Access and Practice Stabilization Act (H.R. 879) on Friday. The legislation would prospectively address in full the 2.83% cut to Medicare physician payments that went into effect on January 1, 2025, effective April 1, 2025, through December 31, 2025. The bill would also provide physicians with an additional 2% payment increase reflective of the rising cost of running a practice. A press release on the legislation and the bill text can be found here.

 

House to Consider Fentanyl Scheduling Bill This Week – The House of Representatives will consider the HALT Fentanyl Act (H.R. 27) on the chamber floor this week. The legislation, which would permanently classify fentanyl-related substances as Schedule I substances, has been highlighted as a major Republican priority for early in the 119^th Congress. The drug’s temporary scheduling is set to expire on March 31. The House Energy and Commerce Subcommittee on Health will convene its first hearing of the 119^th Congress on Thursday to consider the issue of combating existing and emerging illicit drug threats. The Senate Judiciary Committee is scheduled to hold a similar hearing on Tuesday titled “The Poisoning of America: Fentanyl, its Analogues, and the Need for Permanent Class Scheduling.”

 

Senate Appropriations Rosters for the 119^th Congress – Leadership of the Senate Appropriations Committee announced subcommittee rosters for the 119^th Congress last week. Sen. Shelley Moore Capito (R-W.Va.) will retain the top Republican post as chair of the Labor, Health and Human Services, Education, and Related Agencies Subcommittee. Sen. Tammy Baldwin (D-Wis.) also retains her spot as the top Democrat on the subcommittee and will serve as Ranking Member. Sen. John Hoeven (R-N.D.) will chair the Agriculture-Food and Drug Administration Subcommittee alongside Ranking Member Sen. Jeanne Shaheen (D-N.H.). The full Senate Appropriations subcommittee rosters for the 119th Congress can be found here.

 

Widespread Confusion Results from Now-Rescinded Federal Funding Freeze – The White House issued and rescinded a memo freezing federal assistance last week, causing confusion and chaos across many segments of the health care industry. The original memo, issued on Monday by the Office of Management and Budget (OMB), directed agencies to temporarily pause all federal financial assistance that could be impacted by the numerous executive orders issued by President Donald Trump during the first weeks of his second term. Social Security and Medicare were specifically exempted from the freeze. A document from OMB estimated that the freeze could impact more than 400 programs at the U.S. Department of Health and Human Services. State Medicaid payment systems also experienced a widespread outage on Tuesday. The White House denied that the outage was a result of the pause on federal spending. The OMB memo was rescinded on Wednesday after a federal judge temporarily blocked the Administration from implementing or enforcing the memo.

 

Upcoming Congressional Hearings and Markups

Senate Finance Committee Executive Session to Consider Favorably Reporting the Nomination of Robert F. Kennedy, Jr. to be Secretary of Health and Human Services; 10:00 a.m.; February 4

 

House Energy and Commerce Subcommittee on Health hearing “Combatting Existing and Emerging Illicit Drug Threats;” 10:00 a.m.; February 6

 

House Oversight and Government Reform Subcommittee on Cybersecurity, Information Technology, and Government Innovation hearing regarding federally funded research involving animals; 2:00 p.m.; February 6

 

Recently Introduced Health Legislation

H.R.729 — To prohibit chemical abortions performed without the presence of a healthcare provider, and for other purposes. Sponsor: Harris, Mark [Rep.-R-NC-8]; Committees: House – Judiciary

 

H.R.727 — To amend title IV of the Public Health Service Act to prohibit sale or transactions relating to human fetal tissue. Sponsor: Franklin, Scott [Rep.-R-FL-18]; Committees: House – Energy and Commerce

 

H.R.722 — To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person. Sponsor: Burlison, Eric [Rep.-R-MO-7]; Committees: House – Judiciary

 

H.R.720 — To amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses. Sponsor: Brecheen, Josh [Rep.-R-OK-2]; Committees: House – Ways and Means

 

H.R.719 — To amend title XI of the Social Security Act to limit demonstration projects related to abortion under Medicaid and CHIP. Sponsor: Brecheen, Josh [Rep.-R-OK-2]; Committees: House – Energy and Commerce

 

H.J.Res.30 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020”. Sponsor: Dunn, Neal P. [Rep.-R-FL-2]; Committees: House – Energy and Commerce

 

H.Res.67 — Recognizing the roles and the contributions of Americas Certified Registered Nurse Anesthetists (CRNAs) and their critical role in providing quality health care for the public and the Nation’s Armed Forces for more than 150 years and through multiple public health emergencies and beyond. Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House – Energy and Commerce

 

H.Res.65 — Reaffirming the freedom to decide and expressing continued support for medication abortion access. Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House – Energy and Commerce; Judiciary

 

S.253 — A bill to amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses. Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate – Finance

 

S.252 — A bill to increase access to agency guidance documents. Sponsor: Johnson, Ron [Sen.-R-WI]; Committees: Senate – Homeland Security and Governmental Affairs

 

S.251 — A bill to amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses. Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate – Finance

 

S.250 — A bill to restrict the availability of Federal funds to organizations associated with the abortion industry. Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate – Foreign Relations

 

S.249 — 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.248 — A bill to amend title XVIII of the Social Security Act to permanently extend certain in-home cardiopulmonary rehabilitation flexibilities established in response to COVID-19, and for other purposes. Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Finance

 

S.247 — 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.242 — A bill to protect the dignity of fetal remains, and for other purposes. Sponsor: Ricketts, Pete [Sen.-R-NE]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.Res.37 — A resolution expressing the sense of the Senate that the people of the United States should have continuous access to timely, up-to-date, and accurate health information. Sponsor: Schatz, Brian [Sen.-D-HI]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.257 — A bill to improve the resilience of critical supply chains, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate – Commerce, Science, and Transportation

 

S.266 — A bill to reauthorize the Dr. Lorna Breen Health Care Provider Protection Act, and for other purposes; Sponsor: Kaine, Tim [Sen.-D-VA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.275 — A bill to improve the provision of care and services under the Veterans Community Care Program of the Department of Veterans Affairs, and for other purposes; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

 

S.276 — A bill to amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes; Sponsor: Cruz, Ted [Sen.-R-TX]; Committees: Senate – Finance

 

H.Res.72 — Expressing support for the designation of January 30, 2025, as CTE (chronic traumatic encephalopathy) and RHI (repeated head impacts) Awareness Day; Sponsor: Fitzpatrick, Brian K. [Rep.-R-PA-1]; Committees: House – Energy and Commerce

 

H.R.740 — To improve the provision of care and services under the Veterans Community Care Program of the Department of Veterans Affairs, and for other purposes; Sponsor: Bost, Mike [Rep.-R-IL-12]; Committees: House – Veterans’ Affairs

 

H.R.741 — To elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes; Sponsor: Stanton, Greg [Rep.-D-AZ-4]; Committees: House – Natural Resources; Energy and Commerce

 

H.R.742 — To prohibit Federal funds from being used to provide certain gender transition procedures to minors; Sponsor: McCormick, Richard [Rep.-R-GA-7]; Committees: House – Energy and Commerce

 

H.R.748 — 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: Bergman, Jack [Rep.-R-MI-1]; Committees: House – Veterans’ Affairs

 

H.R.751 — 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.766 — To amend the Public Health Service Act to require the Secretary to award grants, contracts, or cooperative agreements to eligible entities to establish, maintain, or improve activities related to the detection and monitoring of infectious diseases through wastewater for public health emergency preparedness and response purposes, and for other purposes; Sponsor: Garcia, Robert [Rep.-D-CA-42]; Committees: House – Energy and Commerce

 

H.R.767 — To amend the Public Health Service Act to authorize the Biomedical Advanced Research and Development Authority to award follow-on production contracts or transactions, procure supplies for experimental or test purposes, and acquire innovative commercial products and commercial services, and for other purposes; Sponsor: Garcia, Robert [Rep.-D-CA-42]; Committees: House – Energy and Commerce

 

H.R.770 — To direct the Secretary of Veterans Affairs to report on certain appeals, resources, and health care systems of the Department of Veterans Affairs; Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House – Veterans’ Affairs

 

H.R.772 — To direct the Secretary of Health and Human Services to revise regulations to remove the requirement under the Medicare program that an off-campus facility or organization shall be located within a 35-mile radius of a hospital or critical access hospital; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.783 — To amend title XVIII of the Social Security Act to permanently extend certain in-home cardiopulmonary rehabilitation flexibilities established in response to COVID-19, and for other purposes; Sponsor: Joyce, John [Rep.-R-PA-13]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.785 — 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: Kiggans, Jennifer A. [Rep.-R-VA-2]; Committees: House – Veterans’ Affairs

 

H.R.786 — To amend title XVIII of the Social Security Act to extend incentive payments for participation in eligible alternative payment models under the Medicare program; Sponsor: LaHood, Darin [Rep.-R-IL-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.795 — To prohibit the Department of Health and Human Services from treating pregnancy as an illness for purposes of approving abortion drugs; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House – Energy and Commerce

 

H.R.796 — To amend the Federal Food, Drug, and Cosmetic Act to require a warning label advising that the effects of mifepristone can be counteracted, to amend the Public Health Service Act to establish a hotline to provide information to women seeking to counteract the effects of mifepristone, and for other purposes; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House – Energy and Commerce

 

H.R.797 — To ensure that women seeking an abortion are notified, before giving informed consent to receive an abortion, of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House – Energy and Commerce

 

H.R.798 — To protect the dignity of fetal remains, and for other purposes; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House – Energy and Commerce

 

H.R.810 — To amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Ways and Means

 

S.297 — A bill to amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without the imposition of cost-sharing requirements, and for other purposes; Sponsor: Boozman, John [Sen.-R-AR]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.312 – A bill to establish a Federal tort against pediatric gender clinics and other entities pushing gender-transition procedures that cause bodily injury to children or harm the mental health of children; Sponsor: Hawley, Josh [Sen.-R-MO]; Committees: Senate – Judiciary

 

S.325 — A bill to reduce health risks of heat by establishing the National Integrated Heat Health Information System within the National Oceanic and Atmospheric Administration and the National Integrated Heat Health Information System Interagency Committee to improve extreme heat preparedness, planning, and response, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Commerce, Science, and Transportation

 

S.329 – 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.331 — A bill to amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Judiciary

 

S.335 — A bill to amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare-dependent hospitals, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Finance

 

S.339 — A bill to amend title XVIII of the Social Security Act to provide for Medicare coverage of multi-cancer early detection screening tests; Sponsor: Crapo, Mike [Sen.-R-ID]; Committees: Senate – Finance

 

S.341 — A bill to amend the Clean Air Act to establish a grant program for supporting local communities in detecting, preparing for, communicating about, or mitigating the environmental and public health impacts of wildfire smoke and extreme heat, and for other purposes; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate – Environment and Public Works

Trump Administration Wraps Up First Week Back in Office – President Donald Trump officially began his second presidential term last week. Upon taking office on Monday, the President signed an initial slate of more than two dozen executive orders (E.O.s), with fewer pertaining to health care than had been expected. The Initial Rescissions of Harmful Executive Orders and Actions rescinds 78 Biden-era executive actions, including E.O.s related to the COVID-19 response, health equity, Medicaid, Affordable Care Act coverage, prescription drug costs, and artificial intelligence. President Trump’s Defending Women From Gender Ideology Extremism and Restoring Biological Truth to The Federal Government E.O. declares that there are only two biological sexes, male and female, and will prevent taxpayer funding from being used for gender-transition health care. In addition to signing an E.O. reaffirming the Hyde Amendment, which prohibits the use of federal money for abortion, the Trump administration also issued a memo reviving the so-called Mexico City Policy. Under this policy, international nonprofit organizations that receive U.S. federal funding must certify that they do not provide or promote abortion services or counseling.

 

President Trump also signed an order to start the process of withdrawing the U.S. from the World Health Organization (WHO). Under the terms of the United States’ WHO membership, withdrawal must be preceded by a one-year notice period along with continued payment of U.S. financial obligations. Former President Joe Biden previously reversed the first Trump administration’s decision to withdraw from WHO before the notice period expired. President Trump has criticized the global health body for its failure to contain COVID-19 and its deference to China during the pandemic. The U.S. is one of the largest funding sources for the international aid and disease response group, contributing approximately 19% of WHO’s total revenue. As a result of the order, WHO is freezing hiring, suspending investments, and halting non-essential travel. The E.O. will also have widespread implications for how the U.S. surveils and responds to international disease outbreaks.

 

Federal websites related to diversity, equity, and inclusion (DEI) were taken offline by the new administration last week, and all federal DEI workers were placed on paid leave. The Office of Personnel Management informed federal agencies that it is working to close all agency DEI offices and end related contracts. The Trump administration also took action ordering federal employees to return to in-office work and issuing temporary, government-wide freezes on hiring and regulatory activity. Finally, the U.S. Department of Health and Human Services (HHS) is under a department-wide pause on all external communications that are not directly related to emergencies or critical to preserving health. The communications directive, which will be in place through February 1, has led to the cancelation of federal advisory committee meetings and public speaking engagements. Restrictions have also been placed on travel and hiring by the National Institutes of Health. According to an HHS spokesperson, exemptions to the freezes can be made on a case-by-case basis for “mission critical” issues.

 

Trump Administration Personnel Update – Senate-wide votes have begun in the process to confirm President Donald Trump’s executive nominees. The chamber confirmed Marco Rubio as Secretary of State in a 99-0 vote on Monday, John Ratcliffe as Director of the Central Intelligence Agency in a 74-25 vote on Thursday, and Pete Hegseth as Secretary of Defense in a 50-50 vote on Friday (with Vice President JD Vance casting the tie-breaking vote). The Senate remained in session on Saturday in a show of frustration by Republicans over Democrats’ refusal to fast-track confirmation of the President’s nominees, confirming Kristi Noem as Secretary of Homeland Security in a 59-34 vote. Doug Collins’ nomination to lead the Department of Veterans Affairs was advanced by the Senate Veterans’ Affairs Committee in a near unanimous vote on Thursday. Sen. Mazie Hirono (D-Hawaii) was the only panel member to vote against Collins’ nomination. She expressed concerns about the nominee’s stance on abortion and the potential reversal of a Biden administration policy allowing the Veterans Health Administration to offer abortions in certain circumstances.

 

U.S. Department of Health and Human Services (HHS) secretary nominee Robert F. Kennedy Jr.’s financial disclosure forms were released last week. The forms indicate that Kennedy has stopped his anti-vaccine legal and advocacy work but is still expecting to profit from book publications that raise questions about vaccine efficacy. Kennedy will appear before the Senate Finance Committee for his confirmation hearing on Wednesday, and before the Health, Education, Labor, and Pensions Committee for a courtesy hearing on Thursday. The Finance Committee will ultimately vote on whether Kennedy’s nomination is advanced to the Senate floor.  Sen. Elizabeth Warren (D-Mass.), who sits on the Finance Committee, sent a letter to the HHS nominee last week requesting he answer a list of 175 questions ahead of his confirmation hearing. Warren expresses concern about Kennedy’s “dangerous views on vaccine safety and public health,” including “baseless opposition to vaccines” and “inconsistent statements in important policy areas like reproductive rights access.”

 

The White House also began choosing acting leadership to head federal agencies while confirmation proceedings take place in the Senate. Health officials recently tapped by the Trump administration to serve as acting agency heads include:

• Dorothy Fink, M.D. as Acting HHS Secretary; Dr. Fink is the Director of the HHS Office on Women’s Health.
• Sara Brenner, M.D., M.P.H. as Acting Commissioner of Food and Drugs; Dr. Brenner is a career official at the Food and Drug Administration who most recently served as the Chief Medical Officer for In Vitro Diagnostics and Associate Director for Medical Affairs in the Center for Devices and Radiological Health.
• Susan Monarez, Ph.D. as Acting Director of the Centers for Disease Control and Prevention; Dr. Monarez is the Deputy Director of the Advanced Research Projects Agency for Health.
• Matthew Memoli, M.D., M.S. as Acting Director of the National Institutes of Health; Dr. Memoli is a researcher at the National Institute of Allergy and Infectious Diseases.

 

Lawmakers Continue Talks on Bipartisan Health Package Revival – Leadership of the House Energy and Commerce Subcommittee on Health met last week to reaffirm their support for passage of a bipartisan health care package this year. While Chair Buddy Carter, BSPharm (R-Ga.) and Ranking Member Diana DeGette (D-Colo.) have not settled on a vehicle for the health care package that was dropped from the continuing resolution passed by Congress in December, they both expressed optimism about successfully moving a package. Congressional Republicans are awaiting input from the administration regarding the Medicare sequester that would have helped offset the bipartisan health deal.  Lawmakers have expressed concern about the meaning of remarks by President Donald Trump about not touching Social Security or Medicare. While the sequester provision would not impact Medicare benefits, the lawmakers have requested guidance from the White House about how to proceed.

 

House Passes ‘Born-Alive’ Abortion Bill – The House of Representatives passed the Born-Alive Abortion Survivors Protection Act (H.R. 21) on Thursday. The legislation, which would penalize health care providers that fail to aid an infant who survives an attempted abortion, was passed largely along party-lines in a 217-204 vote. Companion legislation (S. 6) was blocked by Senate Democrats earlier in the week in a 52-47 procedural motion vote that required 60 votes to advance. Democrats have criticized the legislation as an attempt to intimidate health care providers and attack reproductive health, while Republicans assert that the bill is a simple and common-sense measure.

 

Warren Recommends Policies for DOGE Consideration – Amongst the many executive actions taken by President Donald Trump during his first week in office was an executive order (E.O.) officially establishing the Department of Government Efficiency (DOGE) to modernize federal technology and software and maximize governmental efficiency and productivity. In response to the DOGE E.O., Sen. Elizabeth Warren (D-Mass.) sent a letter to Elon Musk, tech billionaire and DOGE Chair, with 30 ideas for cutting government spending. Warren expresses concern about DOGE proposals released to date, including cuts to Medicare, Medicaid, and veterans’ benefits, and offers alternative recommendations. Recommendations included in the 21-page letter include curbing taxpayer abuse by Medicare Advantage insurers, engaging in additional Medicare price negotiations, supporting efforts to “crack down” on pharmacy benefit managers, addressing patent abuses by the pharmaceutical industry, exercising Bayh-Dole march-in rights and government patent use power to lower drug prices, breaking up health care conglomerates, and keeping private equity out of the health care industry.

 

Warren, Wyden, Sanders Press White House to Continue Drug Price Negotiations – Sens. Elizabeth Warren (D-Mass.), Ron Wyden (D-Ore.), and Bernie Sanders (I-Vt.) sent a letter to the White House last week urging the Trump administration to not pause the Medicare drug price negotiation program established by the Inflation Reduction Act in 2022. “There is no legal basis for any pause, and allowing giant pharmaceutical companies to pressure you into one would dramatically increase costs for over 60 million Medicare beneficiaries and betray your own campaign promises,” the senators argue. The lawmakers cite reports that pharmaceutical manufacturers plan to ask the new administration to pause drug price negotiations soon after taking office. The letter asks that the President “defend the law aggressively in court and use your power to negotiate the price of these drugs to negotiate the best deal possible for seniors.”

 

Upcoming Congressional Hearings and Markups

Senate Veterans’ Affairs Committee hearing “Protecting Veteran Choice: Examining VA’s Community Care Program;” 10:30 a.m.; January 28

 

Senate Finance Committee hearing to examine the nomination of Robert F. Kennedy, Jr., of California, to be Secretary of Health and Human Services; 10:00 a.m.; January 29

 

Senate Health, Education, Labor, and Pensions Committee hearing to examine the nomination of Robert F. Kennedy, Jr. to serve Secretary of Health and Human Services; 10:00 a.m.; January 30

 

Recently Introduced Health Legislation

S.165 — A bill to amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances; Sponsor: Johnson, Ron [Sen.-R-WI]; Committees: Senate – Judiciary

 

H.R.577 — To direct the Secretary of Housing and Urban Development to establish a demonstration program to refer qualified participants within the Continuum of Care Program to Certified Community Behavioral Health Clinics for certain treatment, and for other purposes; Sponsor: Calvert, Ken [Rep.-R-CA-41]; Committees: House – Financial Services

 

H.R.584 — To amend title XIX of the Social Security Act to prohibit States from making medical assistance available to certain individuals under the Medicaid program; Sponsor: Kiley, Kevin [Rep.-R-CA-3]; Committees: House – Energy and Commerce

 

H.R.586 — To direct the Secretary of Veterans Affairs to study and report on the prevalence of cholangiocarcinoma in veterans who served in the Vietnam theater of operations during the Vietnam era, and for other purposes; Sponsor: LaLota, Nick [Rep.-R-NY-1]; Committees: House – Veterans’ Affairs

 

H.R.593 — To amend the Internal Revenue Code of 1986 to exclude certain health professions education scholarship and loan payments from gross income; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House – Ways and Means

 

S.178 — A bill to amend title XIX of the Social Security Act and the Public Health Service Act to improve the reporting of abortion data to the Centers for Disease Control and Prevention, and for other purposes; Sponsor: Ernst, Joni [Sen.-R-IA]; Committees: Senate – Finance

 

S.183 — A bill to authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2025, and for other purposes; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

 

H.R.600 — To prohibit the use of funds to seek membership in the World Health Organization or to provide assessed or voluntary contributions to the World Health Organization; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House – Foreign Affairs

 

H.R.602 — To direct the Secretary of Veterans Affairs to ensure that sexual assault nurse examiners are employed at certain Department of Veterans Affairs medical facilities, and for other purposes; Sponsor: Burchett, Tim [Rep.-R-TN-2]; Committees: House – Veterans’ Affairs

 

H.R.608 — To amend title XIX of the Social Security Act to provide for a demonstration project under the Medicaid program for political subdivisions of States to provide medical assistance for the expansion population under such program, and for other purposes; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Energy and Commerce

 

H.R.609 — To amend the Social Security Act and the Internal Revenue Code of 1986 to include net investment income tax imposed in the Federal Hospital Insurance Trust Fund and to modify the net investment income tax; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Ways and Means

 

H.R.610 — To amend title XVIII of the Social Security Act to provide for certain reforms with respect to Medicare supplemental health insurance policies; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.612 — To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients; Sponsor: Escobar, Veronica [Rep.-D-TX-16]; Committees: House – Energy and Commerce

 

H.R.627 — To amend title XIX of the Social Security Act and Public Health Service Act to improve the reporting of abortion data to the Centers for Disease Control and Prevention, and for other purposes; Sponsor: Norman, Ralph [Rep.-R-SC-5]; Committees: House – Energy and Commerce

 

H.R.628 — To amend the Public Health Service Act to eliminate consideration of the income of organ recipients in providing reimbursement of expenses to donating individuals, and for other purposes; Sponsor: Obernolte, Jay [Rep.-R-CA-23]; Committees: House – Energy and Commerce

 

H.R.629 — To amend title 18, United States Code, to prohibit chemical abortions, and for other purposes; Sponsor: Ogles, Andrew [Rep.-R-TN-5]; Committees: House – Judiciary

 

H.R.639 — To prohibit group health plans, health insurance issuers, and Federal health care programs from applying prior authorization requirements, utilization management techniques, and medical necessity reviews; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Energy and Commerce; Oversight and Government Reform

S.Res.32 — A resolution designating January 23, 2025, as “Maternal Health Awareness Day”; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Judiciary

 

S.201 — A bill to provide for a study by the National Academies of Sciences, Engineering, and Medicine on the prevalence and mortality of cancer among individuals who served as active duty aircrew in the Armed Forces, and for other purposes; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate – Veterans’ Affairs

 

S.208 — A bill to amend the Public Health Service Act to reauthorize the Stop, Observe, Ask, and Respond to Health and Wellness Training Program; Sponsor: Schmitt, Eric [Sen.-R-MO]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.209 — A bill to protect children from medical malpractice in the form of gender-transition procedures; Sponsor: Cotton, Tom [Sen.-R-AR]; Committees: Senate – Judiciary

 

S.219 — A bill to direct the Secretary of Veterans Affairs to carry out a pilot program to improve the ability of veterans to access medical care in medical facilities of the Department of Veterans Affairs and in the community by providing veterans the ability to choose health care providers; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Veterans’ Affairs

 

S.229 — A bill to amend title XI of the Social Security Act to require that direct-to-consumer advertisements for prescription drugs and biological products include an appropriate disclosure of pricing information; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate – Finance

 

S.237 — A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide public safety officer benefits for exposure-related cancers, and for other purposes; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Judiciary

 

H.R.653 — To protect children from medical malpractice in the form of gender transition procedures; Sponsor: Babin, Brian [Rep.-R-TX-36]; Committees: House – Energy and Commerce; Judiciary; Education and Workforce; Natural Resources; Ways and Means

 

H.R.657 — To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.658 — To amend title 38, United States Code, to establish qualifications for the appointment of a person as a marriage and family therapist, qualified to provide clinical supervision, in the Veterans Health Administration; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.661 — To require the Secretary of Health and Human Services, in consultation with the Secretary of Commerce, the Council for Technology and Innovation of the Centers for Medicare & Medicaid Services, and the Commissioner of Food and Drugs, to carry out a program to facilitate and coordinate efforts between the United States and Israel to expand and enhance collaboration on the development and delivery of health care products and services; Sponsor: Buchanan, Vern [Rep.-R-FL-16];Committees: House – Energy and Commerce

 

H.R.668 — 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.675 — To direct the Secretary of Health and Human Services, in collaboration with the Assistant Secretary for Preparedness and Response and the Director of the Centers for Disease Control and Prevention, and in coordination with the Secretary of Defense and the Secretary of Homeland Security, to establish a program of entering into partnerships with eligible domestic manufacturers to ensure the availability of qualified personal protective equipment to prepare for and respond to national health or other emergencies, and for other purposes; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Energy and Commerce; Oversight and Government Reform

 

H.R.679 — To nullify the modifications made by the Food and Drug Administration in January 2023 to the risk evaluation and mitigation strategy for the abortion pill mifepristone, and for other purposes; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Energy and Commerce

 

H.R.682 — To amend title 18, United States Code, to prohibit abortion in cases where a fetal heartbeat is detectable; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House – Judiciary

 

H.R.685 — To amend the Federal Food, Drug, and Cosmetic Act to prohibit the approval of new abortion drugs, to prohibit investigational use exemptions for abortion drugs, and to impose additional regulatory requirements with respect to previously approved abortion drugs, and for other purposes; Sponsor: Latta, Robert E. [Rep.-R-OH-5]; Committees: House – Energy and Commerce

 

H.R.686 — To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains; Sponsor: Latta, Robert E. [Rep.-R-OH-5]; Committees: House – Judiciary

 

H.R.688 — To require the Secretary of Health and Human Services to furnish tailored information to expecting mothers, and for other purposes; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House – Energy and Commerce

Inauguration Day Moved Indoors – Monday’s inauguration of President Donald Trump has been moved indoors due to the dangerously cold temperatures forecast for Washington, D.C.  “I have ordered the Inauguration Address, in addition to prayers and other speeches, to be delivered in the United States Capitol Rotunda, as was used by Ronald Reagan in 1985, also because of very cold weather,” Trump posted on Truth Social. “We will open Capital One Arena on Monday for LIVE viewing of this Historic event, and to host the Presidential Parade. I will join the crowd at Capital One, after my Swearing In,” he added. The inauguration ceremony will begin around 11:30 a.m. ET, with Trump’s swearing in expected to take place around noon.

 

E&C Organizes for the 119^th Congress – The House Energy and Commerce Committee convened for the first time in the 119^th Congress on Wednesday to hold an organizational meeting. During the meeting members adopted the rules of the committee and the six standing subcommittees. The panel’s health subcommittee will be chaired by Rep. Buddy Carter, BSPharm (R-Ga.). Rep. Diana DeGette (D-Colo.) will serve as the Health Subcommittee Ranking Member. The full Republican roster can be found here, and the Democratic roster can be found here. During his opening statement, Committee Chairman Brett Guthrie (R-Ky.) highlighted a number of priorities for the panel in the coming year, including restoring trust in public health, lowering the cost of health care, increasing price transparency, strengthening innovation, improving oversight of the Medicare and Medicaid programs, and addressing the opioid epidemic.

 

Republicans on the Health Subcommittee also met last week to discuss potential health care related savings to offset the Trump administration’s domestic policy agenda and extension of the 2017 tax cuts through the budget reconciliation process. Pay-for options include changes to the Medicaid program, pharmacy benefit manager reform, elimination of enhanced Affordable Care Act premium subsidies, and site-neutral payment policy.  The Energy and Commerce Committee is expected to be given a significant spending-reduction target during the budget reconciliation process given its policy jurisdictions.

 

Foreign Relations Chair Calls into Question Future of PEPFAR – Chair of the Senate Foreign Relations Committee Jim Risch (R-Idaho) has released a statement calling for an investigation into the Centers for Disease Control and Prevention’s (CDC) use of the President’s Emergency Plan for AIDS Relief (PEPFAR) program funding. The CDC recently disclosed that PEPFAR funds were used to pay health workers who had performed at least 21 abortions in Mozambique. While the procedure is legal in Mozambique, the long-standing Helms Amendment prohibits any U.S. funding from being used to provide or promote abortion overseas. According to the CDC, the Mozambique government has refunded the $4,100 in spending. “Those who have violated long-standing U.S. laws that protect life must be held accountable,” Risch stated. “This violation means that the future of the PEPFAR program is certainly in jeopardy. I will not support one dollar of American money going towards abortion anywhere in the world, and I will do all I can to ensure this never happens again.” PEPFAR’s current authorization is set to expire in March.

 

OH Lieutenant Governor to Fill VP’s Senate Seat – Ohio Governor Mike DeWine (R) has tapped his lieutenant governor Jon Husted (R) to temporarily fill the seat of Vice President-elect JD Vance in the U.S. Senate. A special election will be held in November 2026 to decide who will serve the remainder of Vance’s term through the end of 2028. Husted is a former state senator who previously served as Ohio’s secretary of state from 2011 to 2019.

 

MedPAC Votes on 2026 Payment Update Recommendations – The Medicare Payment Advisory Commission (MedPAC) voted last week to recommend a Medicare payment increase for physicians in 2026. The commission recommends that for calendar year 2026, Congress should replace the current-law updates to Medicare payment rates for physician and other health professional services with a single update equal to the projected increase in the Medicare Economic Index minus one percentage point, and establish safety-net add-on payments under the physician fee schedule for services delivered to low-income Medicare beneficiaries. MedPAC estimates that these changes would increase Medicare spending between $10 billion and $25 billion over five years. The commission also made 2026 payment update recommendations for hospital inpatient and outpatient services, skilled nursing facility services, home health agency services, inpatient rehabilitation facility services, outpatient dialysis services, and hospice services. MedPAC’s final recommendations will be included in the commission’s March 2025 report to Congress.

 

DEA Proposes Special Registration for Telemedicine Prescribing – The Drug Enforcement Administration (DEA) released a proposed rule entitled Special Registrations for Telemedicine and Limited State Telemedicine Registrations last week. The regulation proposes a special registration process for providers seeking to prescribe controlled substances virtually. It would establish three special registrations, depending on the type of practitioner or online platform seeking to prescribe or dispense controlled substances via telemedicine without an in-person patient visit. It would also require prescribers to do a comprehensive check of prescription drug monitoring programs across all 50 states. Under the proposed rule, the DEA would provide states with a list of all registered providers. The DEA has extended COVID-era telehealth flexibilities three times to allow many controlled substances to be prescribed without an in-person visit. The flexibilities are currently set to expire at the end of this year. The proposed rule is open for public comment for 60 days. It remains unclear whether the incoming Trump administration will move forward with finalizing the proposal. President Trump has yet to announce a nominee to lead the DEA after Sheriff of Hillsborough County Chad Chronister withdrew his name from consideration. In addition to the proposed virtual prescribing regulation, the DEA also issued two final rules last week, the first regarding access to buprenorphine treatment via telemedicine encounter, and the second dealing with continuity of care via telemedicine for Veterans Affairs patients.

 

HHS Announces Next Round of Drug Price Negotiations – The U.S. Department of Health and Human Services (HHS) announced the next 15 drugs chosen for the Medicare drug price negotiation program on Friday. The list of drugs subject to the second round of price talks are:

• Ozempic; Rybelsus; Wegovy
• Trelegy Ellipta
• Xtandi
• Pomalyst
• Ibrance
• Ofev
• Linzess
• Calquence
• Austedo; Austedo XR
• Breo Ellipta
• Tradjenta
• Xifaxan
• Vraylar
• Janumet; Janumet XR
• Otezla

More than five million Medicare Part D beneficiaries used the chosen drugs between November 2023 and October 2024 according to HHS. The drugs represented approximately 14% of Part D spending – totaling $41 billion in gross costs — during that time. That percentage increases to 36% of total gross covered Part D spending when paired with the 10 drugs included in the first cycle of HHS price negotiations. The drug’s manufacturers have until February 28 to decide whether they will enter into negotiations with the government. Negotiations with participating drug companies for these 15 drugs will occur in 2025 and any negotiated prices will become effective in 2027. As established by the 2022 Inflation Reduction Act, HHS will select up to an additional 15 drugs for the third cycle of negotiation (including drugs covered under Part B and Part D), and up to 20 more drugs for each negotiation cycle after that.

 

FTC Releases Second PBM Report – The Federal Trade Commission (FTC) released an interim report last week examining how the nation’s top pharmacy benefit managers (PBMs) mark up prices of specialty generic medications.  The report specifically details how CVS Health, Cigna Group, and UnitedHealth Group generated more than $7.3 billion in revenue over six years by charging significantly more than the national average acquisition cost for 51 specialty generic drugs. The report also found that the specialty pharmacies owned by the three PBMs account for nearly 70% of all U.S. specialty drug revenue.  The interim report is the agency’s second study of PBM contracting practices. According to the FTC, the reports have not been finalized due the PBMs’ failure to provide information requested by the agency about their business practices. The FTC is currently preparing to file a lawsuit against the three companies for their refusal to comply with agency subpoenas.

 

USPSTF Adds Two Members – The U.S. Preventive Services Task Force (USPSTF) announced the addition of two new members last week. Alicia Fernandez, M.D. is a general internist, professor of medicine at the University of California, San Francisco (UCSF), associate dean of population health and health equity, and director of the UCSF Latinx Center of Excellence. Ericka Gibson, M.D., M.P.H. is a board-certified obstetrician-gynecologist with the Southeast Permanente Medical Group at Kaiser Permanente in Atlanta, Georgia and the physician program director for perinatal safety and quality. Their four-year terms begin this month.

 

More Health Professionals Weigh in on Kennedy Nomination – More than 700 physicians and public health experts have signed a letter to senators expressing opposition to the confirmation of Robert F. Kennedy Jr. as Secretary of HHS. The letter warns that the nominee’s “unfounded, fringe beliefs” on vaccines, COVID-19, HIV, and fluoridation “could significantly undermine public health practices across the country and around the world.” The letter was organized by Defend Public Health and Human Impact Partners. Kennedy has been on Capitol Hill in recent weeks meeting with members of both parties before his confirmation proceedings get underway; a spokesperson posted on X that Kennedy had completed his 50^th Senate meeting on Thursday. Kennedy can only afford to lose three Senate GOP votes, assuming united Democratic opposition to his confirmation. No Senate Republicans have committed to opposing the HHS nominee. Hart Health Strategies Inc. continues to update its Trump Administration Personnel document to help you stay up to date with the latest additions to the new administration.

 

Upcoming Congressional Hearings and Markups

Senate Veterans’ Affairs Committee hearing to examine the nomination of Douglas A. Collins to be Secretary of Veterans Affairs; 10:00 a.m.; January 21

 

Senate Health, Education, Labor, and Pensions (HELP) Committee organizational business meeting; 10:00 a.m.; January 21

 

House Veterans’ Affairs Committee hearing “Restoring Focus: Putting Veterans First in Community Care;” 1:00 p.m.; January 22

 

Senate Veterans’ Affairs Committee business meeting to consider the nomination of Douglas A. Collins to be Secretary of Veterans Affairs; 9:00 a.m.; January 23

 

House Appropriations Committee organizational meeting; 10:00 a.m.; January 23

 

Recently Introduced Health Legislation

S.Con.Res.4 — A concurrent resolution expressing support for the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family and urging that the United States rejoin this historic declaration; Sponsor: Daines, Steve [Sen.-R-MT]; Committees: Senate – Foreign Relations

 

H.Con.Res.3 — Expressing support for the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family and urging that the United States rejoin this historic declaration; Sponsor: Jackson, Ronny [Rep.-R-TX-13]; Committees: House – Foreign Affairs

 

H.R.340 — To direct the Secretary of Health and Human Services carry out activities to streamline regulatory oversight of human cell and tissue products, and for other purposes; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.343 — To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes; Sponsor: Foxx, Virginia [Rep.-R-NC-5]; Committees: House – Energy and Commerce

 

S.92 — A bill to require Senate approval before the United States assumes any obligation under a WHO pandemic agreement and to suspend funding for the WHO until such agreement is ratified by the Senate; Sponsor: Barrasso, John [Sen.-R-WY]; Committees: Senate – Foreign Relations

 

H.R.392 — To amend the Internal Revenue Code of 1986 to create a tax credit for nurse preceptors; Sponsor: Kiggans, Jennifer A. [Rep.-R-VA-2]; Committees: House – Ways and Means

 

H.R.401 — To prohibit United States assessed and voluntary contributions to the World Health Organization; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Foreign Affairs

 

S.6 — A bill to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion; Sponsor: Lankford, James [Sen.-R-OK]; Latest Action: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

 

H.R.438 — To authorize the Secretary of Veterans Affairs to make grants to State and local entities to carry out peer-to-peer mental health programs; Sponsor: LaLota, Nick [Rep.-R-NY-1]; Committees: House – Veterans’ Affairs

 

H.R.439 — To amend title 38, United States Code, to require the Department of Veterans Affairs to furnish hospital care and medical services outside a State to veterans with service-connected disabilities rated as permanent and total, and for other purposes; Sponsor: LaLota, Nick [Rep.-R-NY-1]; Committees: House – Veterans’ Affairs

 

H.R.456 — To prohibit the provision of Federal funds to the National Institutes of Health for the purposes of conducting biological, medical, or behavioral research involving the testing of dogs; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Energy and Commerce

 

H.R.467 — To amend title 38, United States Code, to eliminate the requirement of a service-connected disability to furnish veterans with medical care outside of a State, and for other purposes; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Veterans’ Affairs

 

S.106 – A bill to amend title XVIII of the Social Security Act to provide Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license, and for other purposes; Sponsor: Cramer, Kevin [Sen.-R-ND]; Committees: Senate – Finance

 

S.121 — A bill to extend the statute of limitations for violations relating to pandemic-era programs to be 10 years; Sponsor: Lankford, James [Sen.-R-OK]; Committees: Senate – Judiciary

 

S.131 — A bill to amend the Internal Revenue Code of 1986 to create a tax credit for nurse preceptors; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate – Finance

 

S.139 — A bill to amend the Public Health Service Act to reauthorize and extend the Fetal Alcohol Spectrum Disorders Prevention and Services program, and for other purposes; Sponsor: Murkowski, Lisa [Sen.-R-AK]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.141 — A bill to identify and address barriers to coverage of remote physiologic devices under State Medicaid programs to improve maternal and child health outcomes for pregnant and postpartum women; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Finance

 

H.R.483 — To direct the Secretary of Health and Human Services to delay the implementation of electronic clinical quality metrics for accountable care organizations, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.497 — To amend title XIX of the Social Security Act to provide clarification with respect to the liability of third party payers for medical assistance paid under the Medicaid program, and for other purposes; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.498 — To amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for gender transition procedures for minors; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.500 — To amend title XVIII of the Social Security Act to remove the exclusion of Medicare coverage for hearing aids and examinations therefor, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.530 — To provide for a study by the National Academies of Sciences, Engineering, and Medicine on the prevalence and mortality of cancer among individuals who served as active duty aircrew in the Armed Forces, and for other purposes; Sponsor: Pfluger, August [Rep.-R-TX-11]; Committees: House – Veterans’ Affairs

 

H.R.538 — To amend title XVIII of the Social Security Act to remove the 96-hour physician certification requirement for inpatient critical access hospital services; Sponsor: Smith, Adrian [Rep.-R-NE-3]; Committees: House – Ways and Means

 

H.R.539 — To amend title XVIII of the Social Security Act to provide Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license, and for other purposes; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.541 — To require the Department of Defense to share best practices with, and offer training to, State and local first responders regarding how to most effectively aid victims who experience trauma-related injuries; Sponsor: Torres, Ritchie [Rep.-D-NY-15]; Committees: House – Armed Services

 

H.R.548 — To amend the Internal Revenue Code of 1986 to modernize health savings accounts; Sponsor: Van Duyne, Beth [Rep.-R-TX-24]; Committees: House – Ways and Means

 

H.R.553 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a patient outreach system relating to mental health care, and for other purposes; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House – Veterans’ Affairs

 

H.R.554 — To improve the provision of health care by the Department of Veterans Affairs, and for other purposes; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House – Veterans’ Affairs

Supreme Court to Hear Challenge to ACA’s Preventive Care Coverage Mandate – The U.S. Supreme Court has agreed to review a Fifth Circuit Court of Appeals decision which found the U.S. Preventive Services Task Force (USPSTF) in violation of the Constitution because its members are not subject to Senate confirmation. The case will determine the constitutionality of the Affordable Care Act’s no-cost coverage mandate of certain preventive care services, including pre-exposure prophylaxis (PrEP), heart statins, and other disease and cancer screenings. The no-cost coverage mandates are based on recommendations from the USPSTF. While the appellate court’s ruling only blocked the mandates from applying to the challengers in the specific lawsuit – a Texas business and several individuals – both the plaintiffs and the Biden administration had asked the Supreme Court to take up the case. The court is expected to hear the case this spring.

 

Confirmation Hearings Begin for Trump Nominees – President-elect Donald Trump’s executive nominees will begin testifying before Senate committees this week. The confirmation hearings that have been scheduled so far include:

• Veteran Affairs Secretary nominee Doug Collins before the Veterans’ Affairs Committee on January 14
• Defense Secretary nominee Pete Hegseth before the Armed Services Committee on January 14
• Interior Secretary nominee Doug Burgum before the Energy and Natural Resources Committee on January 14
• Homeland Security Secretary nominee Kristi Noem before the Homeland Security and Governmental Affairs Committee on January 15
• Attorney General nominee Pam Bondi before the Judiciary Committee on January 15 and 16
• Secretary of State nominee Marco Rubio before the Foreign Relations Committee on January 15
• Director of the Central Intelligence Agency nominee John Ratcliffe before the Select Committee on Intelligence on January 15
• Transportation Secretary nominee Sean Duffy before the Commerce, Science, and Transportation Committee on January 15
• Energy Secretary nominee Chris Wright before the Energy and Natural Resources Committee on January 15
• Director of the Office of Management and Budget nominee Russell Vought before the Homeland Security and Governmental Affairs Committee on January 15
• Housing and Urban Development Secretary nominee Scott Turner before the Banking, Housing, and Urban Affairs Committee on January 16
• Environmental Protection Agency Administrator nominee Lee Zeldin before the Enviornment and Public Works Committee on January 16
• Treasury Secretary nominee Scott Bessent before the Finance Committee on January 16

 

Robert F. Kennedy Jr., nominee for Secretary of the U.S. Department of Health and Human Services, has been on Capitol Hill in recent days meeting with members of both parties before his confirmation proceedings get underway. While Kennedy has yet to receive any Senate Democratic endorsements, his meetings with Senate Republicans have been largely positive, with members characterizing the nominee’s views on issues such as vaccines and food production as more reasonable than expected. Senate Finance Committee Chair Mike Crapo (R-Idaho) expects Kennedy’s confirmation hearing to take place the last week of January. The panel is awaiting paperwork from the incoming administration’s transition team. While the Finance Committee is responsible for advancing Kennedy’s nomination to the full Senate for consideration, the Senate Health, Education, Labor, and Pensions (HELP) Committee also plans to hear testimony from Kennedy. HELP Chair Bill Cassidy (R-La.) has similarly stated that he is waiting for finalized documentation to schedule the hearing.

 

Hart Health’s Trump Administration Personnel document, which is updated on an ongoing basis, can be found here.

 

Republicans Consider Path Forward on Reconciliation – House Budget Committee Chair Jodey Arrington (R-Texas) has released a document cataloging policy options to balance the federal budget and reduce deficits by $14.2 trillion over the next 10 years. The menu of policy options includes $2.8 trillion in Medicaid and Medicare policy changes and hundreds of billions in potential savings from changes to the Affordable Care Act. The committee is seeking input on the document from the GOP conference as Republicans work to coalesce around an approach to budget reconciliation that will allow them to extend the 2017 tax cuts that are set to expire at the end of 2025.

 

Arrington has said that the first procedural vote on a budget resolution to jumpstart the reconciliation process could take place as early as the last week in February. He has also noted that the policies included in reconciliation legislation will ultimately be driven by committee chairs.  While discussions around provisions to include in an eventual reconciliation package are still in the early stages, House Energy and Commerce Committee Chair Brett Guthrie (R-Ky.) recently stated that he is exploring the possibility of a federal Medicaid spending cap. Guthrie is specifically considering a per capita allotment tied to the rate of medical inflation that caps Medicaid spending after a certain amount.

 

Senate and House Republicans remain at odds over whether to pass one or two reconciliation bills. Speaker Mike Johnson (R-La.) is pushing for a single reconciliation package, while Senate Majority Leader John Thune (R-S.D.) favors a sequencing strategy that would first focus on border security and energy measures, followed by a second package of tax and spending provisions later in the year. After separate meetings last week with both Speaker Johnson and President-elect Donald Trump, Thune confirmed that Republicans are united on policy goals but are still divided on the strategy for accomplishing them.

 

Health Leaders Work to Revive Year-End Package – Chairman of the House Energy and Commerce Subcommittee on Health Buddy Carter (R-Ga.) stated last week that he is in talks to revive the health package included in the initial bipartisan government funding bill proposed last December. The 500-page deal was ultimately dropped from the scaled back continuing resolution passed by Congress. The bill included a two-year extension of telehealth flexibilities originally authorized during the COVID-19 pandemic, a one-year, 3.53% increase to Medicare bonuses for alternative payment model participation, an increase to Medicare physician payments of 2.5% for 2025, reforms to the pharmacy benefit manager industry, and reauthorization of the SUPPORT Act and the Pandemic and All-Hazards Preparedness Act. Carter has said that he is in talks with House leadership about passing the measure either as a standalone bill or as a part of a budget reconciliation package, and GOP Doctors Caucus Chair Greg Murphy (R-N.C.) has confirmed that there have been discussions about consideration of the measure under suspension of the rules.

 

Senate Panel Releases Bipartisan Report on Private Equity and Health Care – The Senate Budget Committee has released a bipartisan report on the role of private equity in health care. The report stems from a staff review of more than one million pages of documents during the 118^th Congress and focuses on two private equity firms: Apollo and Leonard Green & Partners, and their associated hospital operators, Lifepoint Health and Prospect. The report asserts that the firms have prioritized their financial goals over quality of care, and details problems with respect to private equity investment in health care, including underinvestment in hospital infrastructure, understaffing, and the pursuit of financial gains through leveraged buyouts and dividend extractions to the detriment of patients and hospital operations. The report concludes by calling into question “the compatibility of private equity’s profit-driven model with the essential role hospitals play in public health.”

 

Updates to Congressional Committee Assignments – Seven new Democrats are joining the House Energy and Commerce Committee for the 119^th Congress: Reps. Alexandria Ocasio-Cortez (N.Y.), Jake Auchincloss (Mass.), Troy Carter (La.), Rob Menendez (N.J.), Kevin Mullin (Calif.), Greg Landsman (Ohio), and Jennifer McClellan (Va.). The House Ways and Means Committee will see the addition of Rep. Brendan Boyle (D-Pa.) and Del. Stacy Plaskett (D-V.I.). Both panels have significant jurisdiction over health care related issues.

 

HHS Releases AI Roadmap – The U.S. Department of Health and Human Services (HHS) has released its strategic plan for the use of artificial intelligence (AI). The roadmap aims to improve the quality, safety, efficiency, accessibility, equitability, and outcomes of health and human services through the innovative, safe, and responsible use of AI. The strategic plan specifically focuses on four key goals:

• Catalyze health AI innovation and adoption to unlock new ways to use AI to improve people’s lives;
• Promote trustworthy AI development and ethical and responsible use to avoid potential harm;
• Democratize AI technologies and resources to promote equitable access for all; and
• Cultivate AI-empowered workforces and organizational cultures to allow staff to make the best use of AI.

 

Upcoming Congressional Hearings and Markups

Senate Veterans’ Affairs Committee hearing to examine the expected nomination of the Honorable Douglas A. Collins to be Secretary of Veterans Affairs; 9:00 a.m.; January 14

 

House Ways and Means Committee organizational meeting; 10:00 a.m.; January 14

 

Senate Special Committee on Aging hearing to examine improving wellness among seniors, focusing on setting a standard for the American Dream; 3:30 p.m.; January 14

 

Recently Introduced Health Legislation

H.R.193 — To direct the Secretary of Health and Human Services to issue guidance on payment under the Medicare program for certain items involving artificial intelligence; Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.191 — To repeal the Inflation Reduction Act of 2022; Sponsor: Ogles, Andrew [Rep.-R-TN-5]; Committees: House – Ways and Means; Energy and Commerce; Agriculture; Natural Resources; Financial Services; Science, Space, and Technology; Transportation and Infrastructure; Oversight and Accountability

 

H.R.169 — To amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices; Sponsor: Levin, Mike [Rep.-D-CA-49]; Committees: House – Ways and Means

 

H.R.149 — To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – House Administration; Veterans’ Affairs

 

H.R.138 — To amend the Internal Revenue Code of 1986 to allow expenses for parents to be taken into account as medical expenses, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Ways and Means

 

H.R.136 — To direct the Secretary of Veterans Affairs to conduct an independent review of the deaths of certain veterans by suicide, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Veterans’ Affairs

 

H.R.129 — To abolish the Bureau of Alcohol, Tobacco, Firearms and Explosives; Sponsor: Boebert, Lauren [Rep.-R-CO-4]; Committees: House – Judiciary

 

H.R.128 — To require the Assistant Secretary for the Countering Weapons of Mass Destruction Office of the Department of Homeland Security to treat illicit fentanyl as a weapon of mass destruction, and for other purposes; Sponsor: Boebert, Lauren [Rep.-R-CO-4]; Committees: House – Homeland Security

 

H.R.127 — To amend the Internal Revenue Code of 1986 to provide an exemption to the individual mandate to maintain health coverage for individuals residing in counties with fewer than 2 health insurance issuers offering plans on an Exchange; to require Members of Congress and congressional staff to abide by the Patient Protection and Affordable Care Act with respect to health insurance coverage; and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means; Energy and Commerce; House Administration; Oversight and Accountability

 

H.R.124 — To amend title XIX of the Social Security Act to provide incentives for education on the risk of renal medullary carcinoma in individuals who are receiving medical assistance under such title and who have sickle cell disease; Sponsor: Green, Al [Rep.-D-TX-9]; Committees: House – Energy and Commerce

 

H.R.121 — To prohibit agencies from issuing vaccine passports, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; House Administration

 

H.R.120 — To prohibit COVID19 vaccination mandates, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; House Administration; Energy and Commerce

 

H.R.119 — To prohibit any entity that receives Federal funds from the COVID relief packages from mandating employees receive a COVID19 vaccine, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; Energy and Commerce

 

H.R.114 — To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce; Ways and Means; Education and the Workforce; Natural Resources; Judiciary; House Administration; Rules; Appropriations

 

H.R.111 — To amend the Internal Revenue Code of 1986 to allow an above-the-line deduction for health insurance premiums; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

 

H.R.109 — To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Veterans’ Affairs

 

H.R.99 — To require a particular jury instruction in Federal civil actions that include a claim for damages based on negligence arising from the transmission of COVID19; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Judiciary

 

H.R.91 — To abolish the Agency for Toxic Substances and Disease Registry, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.90 — To amend title XXVII of the Public Health Service Act to provide for a definition of short-term limited duration insurance, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.89 — To repeal the authority of the Food and Drug Administration to require that drugs be dispensed only upon prescription, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.88 — To amend the Federal Food, Drug, and Cosmetic Act to exempt from regulation as devices non-invasive diagnostic devices, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.87 — To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.81 — To prohibit the imposition of mask mandates on public transportation; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Transportation and Infrastructure; Energy and Commerce; Homeland Security

 

H.R.79 — To nullify certain Executive orders regarding COVID-19 vaccine mandates and to prohibit the Secretary of Labor from issuing a rule mandating vaccination against COVID-19, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; Education and the Workforce; Energy and Commerce; Ways and Means

 

H.R.78 — To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Judiciary; Energy and Commerce

 

H.R.74 — To amend the Internal Revenue Code of 1986 to allow for tax-advantaged distributions from health savings accounts during family or medical leave, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

 

H.R.73 — To amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

 

H.R.72 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish hyperbaric oxygen therapy to veterans with traumatic brain injury or post-traumatic stress disorder; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Veterans’ Affairs

 

H.R.71 — To direct the Secretary of Veterans Affairs to carry out a pilot program to improve the ability of veterans to access medical care in medical facilities of the Department of Veterans Affairs and in the community by providing the veterans the ability to choose health care providers; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Veterans’ Affairs

 

H.R.54 — To direct the President to withdraw the United States from the Constitution of the World Health Organization, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Foreign Affairs

 

H.R.49 — To prohibit the use of Federal funds for the HHS Reproductive Healthcare Access Task Force; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.48 — To amend the Public Health Service Act to ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.44 — To amend title III of the Public Health Service Act to include rural emergency hospitals in the definition of a covered entity for purposes of the 340B drug discount program; Sponsor: Bergman, Jack [Rep.-R-MI-1]; Committees: House – Energy and Commerce

 

H.R.27 — To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Energy and Commerce; Judiciary

 

H.R.21 — To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion; Sponsor: Wagner, Ann [Rep.-R-MO-2]; Committees: House – Judiciary

 

H.Res.10 — Amending the Rules of the House of Representatives to establish a Committee on Health as a standing committee of the House; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – Rules

 

H.Res.7 — Recognizing the importance of access to comprehensive, high-quality, life-affirming medical care for women of all ages; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.210 — To amend title 38, United States Code, to require the Secretary of Veterans Affairs to furnish dental care in the same manner as any other medical service, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.211 — To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.219 — To direct the Comptroller General of the United States to conduct a study on menopause care furnished by the Department of Veterans Affairs, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.220 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide coverage for infertility treatment and standard fertility preservation services, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.233 — 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 Workforce

 

H.R.238 — To amend the Federal Food, Drug, and Cosmetic Act to clarify that artificial intelligence and machine learning technologies can qualify as a practitioner eligible to prescribe drugs if authorized by the State involved and approved, cleared, or authorized by the Food and Drug Administration, and for other purposes; Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House – Energy and Commerce

 

S.36 — A bill to protect the seniors of the United States, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Rules and Administration

 

S.43 — A bill to amend title 35, United States Code, to provide for a safe harbor from infringement of a method of use patent relating to drugs or biological products; Sponsor: Hickenlooper, John W. [Sen.-D-CO]; Committees: Senate – Judiciary

 

S.46 — 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.47 — A bill to provide for regulations on protecting statutory conscience rights in health care; Sponsor: Hawley, Josh [Sen.-R-MO]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.241 — To amend title 38, United States Code, to provide for access standards with respect to the provision by the Department of Veterans Affairs of hospital care, medical services, or extended care services that are applicable to certain veterans with mental disorders; Sponsor: Yakym, Rudy [Rep.-R-IN-2]; Committees: House – Veterans’ Affairs

 

H.R.244 — To amend title 10, United States Code, to provide eligibility for TRICARE Select to veterans with service-connected disabilities, and for other purposes; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Armed Services; Veterans’ Affairs

 

H.R.247 — 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.267 — To amend the Public Health Service Act to provide for hospital and insurer price transparency; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – Energy and Commerce

 

H.R.271 — To provide for a moratorium on Federal funding to Planned Parenthood Federation of America, Inc.; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Energy and Commerce

 

H.R.274 — To provide for the sunset of rules upheld based on Chevron deference; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House – Judiciary; Oversight and Government Reform; Rules

 

H.R.290 — To reauthorize the Distance Learning and Telemedicine Program of the Department of Agriculture; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House – Agriculture

 

H.R.297 — 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 Workforce

 

H.R.305 — To authorize the Secretary of Education to carry out a grant program to assist local educational agencies with ensuring that each elementary and secondary school has at least one registered nurse on staff; Sponsor: Wilson, Frederica S. [Rep.-D-FL-24]; Committees: House – Education and Workforce; Energy and Commerce

 

H.R.307 — To amend titles XVIII and XIX of the Social Security Act to provide for coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries under the Medicare and Medicaid programs without the imposition of cost-sharing requirements, and for other purposes; Sponsor: McIver, LaMonica [Rep.-D-NJ-10]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.317 — To amend the Internal Revenue Code of 1986 to create health freedom accounts available to all individuals; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Ways and Means

 

H.R.330 — 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