Hart Health Strategies

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

 

 

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

 

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

 

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

 

 

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

 

 

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

 

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

 

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

 

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

 

 

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

 

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

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

 

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

 

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

 

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

 

 

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

 

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

 

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

 

Upcoming Congressional Hearings and Markups

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

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

 

 

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

 

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

 

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

 

 

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

 

 

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

 

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

 

 

Upcoming Congressional Hearings and Markups

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

 

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

Harris Selects Tim Walz as Running Mate-Kamala Harris announced her selection of Minnesota Gov. Tim Walz as her running mate on Tuesday. Walz is a second-term governor who served in the House of Representatives from 2007 to 2019. As a member of the House, Walz developed a reputation as a moderate dealmaker who focused on his work as a member of the Veterans’ Affairs and Agriculture committees. During his time on Capitol Hill, Walz supported Medicare drug price negotiation efforts, expansion of cannabis medical research, and further studies of the health effects of Agent Orange on veterans. As Minnesota governor, Walz instated shutdowns, social distancing policies, mask mandates, and vaccine requirements for government employees in response to the coronavirus pandemic. His administration has implemented drug price transparency requirements, created a Prescription Drug Affordability Board, and capped out of pocket insulin costs. Walz and the Minnesota legislature also created a state-based public health insurance option last year. Walz is a vocal defender of both abortion access and gender-affirming care-codifying abortion rights in the state constitution and shielding patients and providers from other states’ abortion and gender-affirming care penalties. Walz has frequently shared his family’s struggle with infertility and their use of in vitro fertilization when discussing reproductive health care. He also has enacted climate policy at the state level.

 

 

Bicameral Republicans Raise Questions About Part D Stabilization Demonstration-Republican leaders of the Senate Finance Committee and the House Ways and Means and Energy and Commerce committees are urging the Government Accountability Office to conduct a review of the Medicare Part D Premium Stabilization Demonstration recently announced by the Centers for Medicare and Medicaid Services (CMS). The letter questions the legality of the demonstration and expresses concerns about its potential impact on health care affordability for seniors. The lawmakers go on to argue that CMS is “waiving statutory directives under the guise of a ‘demonstration project,’ with no meaningful research aims, budgetary assessments, or empirical rigor.”

 

 

CBO Responds to Budget Committee Questions for the Record-The Congressional Budget Office (CBO) has asserted that vertical integration of pharmacy benefit managers (PBMs) and health insurers does not necessarily result in lower premiums for plan enrollees. While consolidation may lead to lower drug prices in such health plans, these reductions in spending may not necessarily be passed on to enrollees in the form of lower premiums, and may result in drug costs and premiums increasing for other insurers using the PBM. This information comes in response to a question for the record from House Budget Committee Chairman Jodey Arrington (R-Texas) following a hearing on hospital and physician consolidation and its impact on the federal budget. Arrington also posed a question regarding the potential impact of site-neutral payment reform on commercial market prices. In response, CBO asserts its belief that expanding Medicare’s use of site-neutral payments would not increase the prices paid by commercial insurers-an argument frequently made by skeptics of such policies. “From the perspective of economic theory, it is unclear why hospitals would negotiate higher prices with private payers only after they experienced payment reductions from public payers,” the agency writes.

 

Senate Finance Probes Possible Ethics Violation by New UNOS CTO-Senate Finance Committee Chairman Ron Wyden (D-Ore.) and Finance committee member Chuck Grassley (R-Iowa) have sent letters to the United Network for Organ Sharing (UNOS), the Health Resources and Services Administration, and the Office of Management and Budget regarding UNOS’ hiring of Ankit Mathur as UNOS chief technology officer in March. Mathur previously worked as chief delivery officer at US Digital Service. He is thus restricted by federal post-employment regulations in what activities he can perform in his new position at UNOS, and the lawmakers are probing what, if any, ethics violations may have occurred with Mathur’s hiring. “We are concerned that UNOS has not taken this matter as seriously as it should,” the letters state. Wyden and Grassley request details from the administration about the time periods for ethics restrictions that Mathur was under after he left the government to join UNOS, and about actions that were taken in preparation for and in response to his hiring.

 

Senators Push for Medicare Coverage of Wheelchair Standing Systems-A bipartisan group of senators have written to the Biden administration urging the Centers for Medicare and Medicaid Services (CMS) to cover standing systems embedded in power wheelchairs under the Medicare program. The agency proposed for the first time last year to provide Medicare coverage of seated elevation systems in power wheelchairs. The lawmakers thank CMS for its decision, but express concerns that the agency has not yet initiated a National Coverage Analysis for standing systems in these wheelchairs, arguing that the absence of Medicare coverage for these systems leaves many beneficiaries “without access to critical technology that can significantly improve their health outcomes and quality of life.” The letter was signed by Sens. Tammy Duckworth (D-Ill.), Marsha Blackburn (R-Tenn.), and Bob Casey (D-Pa.).

 

OSU Awarded $15 Million NIH Grant to Study Long COVID Cure-The Ohio State University (OSU) has been awarded the largest ever infectious diseases grant from the National Institutes of Health (NIH) to study a cure for long COVID. The five-year study will focus on a specific enzyme produced by certain COVID patients in high levels. The $15 million grant was awarded to build on a 2022 study by OSU researchers suggesting that blocking the single molecule could protect against severe illness from infection with the SARS-CoV-2 virus.

 

 

 

Congressional Retirements and Resignations-Rep. Cori Bush (D-Mo.) lost the Democratic primary race for Missouri’s 1^st congressional district to St. Louis County Prosecuting Attorney Wesley Bell. Bush is the second member of the progressive “Squad” to lose a primary this election cycle. She was first elected to the House of Representatives in 2020 and currently serves as a member of the House Committee on Oversight and Accountability and the Committee on the Judiciary.

 

A running list of members of Congress who are retiring or seeking other office can be found below.

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

 

 

 

Upcoming Congressional Hearings and Markups

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

 

 

Recently Introduced Health Legislation

H.Res.1400-Supporting the goals and ideals of Fentanyl Prevention and Awareness Day on August 21, 2024; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Cosponsors: (2) Committees: House-Energy and Commerce

 

H.Res.1404-Expressing support for keeping guns out of classrooms; Sponsor: Hayes, Jahana [Rep.-D-CT-5]; Committees: House-Education and the Workforce; Judiciary

 

H.R.9237-To improve end-of-life care; Sponsor: Barragan, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9243-To require the Administrator of the Federal Aviation Administration to publish the list of medications that the Administrator has compiled for purposes of the medical certification of airmen, and for other purposes; Sponsor: Casten, Sean [Rep.-D-IL-6]; Committees: House-Transportation and Infrastructure

 

H.R.9249-To amend title 5, United States Code, to require the publication of scientific data, incident data, or other pertinent data relied on by an agency to justify a rule; Sponsor: Edwards, Chuck [Rep.-R-NC-11]; Committees: House-Judiciary

 

H.R.9250-To create an Active Shooter Alert Communications Network, and for other purposes; Sponsor: Escobar, Veronica [Rep.-D-TX-16]; Committees: House-Judiciary

 

H.R.9253-To provide for a coordinated national research program to examine the nature, causes, consequences, and prevention of violence and unintended injury and death relating to gun ownership, use, and trafficking, and for other purposes; Sponsor: Foushee, Valerie P. [Rep.-D-NC-4]; Committees: House-Judiciary; Science, Space, and Technology; Energy and Commerce

 

H.R.9258-To amend the Federal Food, Drug, and Cosmetic Act to require pill press molds to bear a unique serial number, to amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture certain counterfeit substances, and for other purposes; Sponsor: Harder, Josh [Rep.-D-CA-9]; Committees: House-Energy and Commerce; Judiciary

 

H.R.9260-To prohibit State excise taxes on firearms and ammunition manufacturers and dealers; Sponsor: Issa, Darrell [Rep.-R-CA-48]; Committees: House-Judiciary

 

H.R.9269-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

 

H.R.9271-To amend title XVIII of the Social Security Act to make permanent certain telehealth flexibilities under the Medicare program for telehealth services furnished by Indian health programs; Sponsor: Leger Fernandez, Teresa [Rep.-D-NM-3]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9272-To amend title XVIII of the Social Security Act to establish new payment rules for certain catastrophic specialty hospitals under the Medicare program; Sponsor: Loudermilk, Barry [Rep.-R-GA-11]; Committees: House-Ways and Means

 

H.R.9275-To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for non-directed living kidney donations; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.9276-To expand medical, employment, and other benefits for individuals serving as family caregivers for certain veterans, and for other purposes; Sponsor: Morelle, Joseph D. [Rep.-D-NY-25]; Committees: House-Veterans’ Affairs; Ways and Means

 

H.R.9298-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.9300-To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to make improvements in the old-age, survivors, and disability insurance program; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House-Ways and Means; Energy and Commerce; Education and the Workforce

 

H.J.Res.200-Disapproving the rule submitted by the Department of Health and Human Services relating to “Control of Communicable Diseases; Foreign Quarantine: Importation of Dogs and Cats”; Sponsor: Golden, Jared F. [Rep.-D-ME-2]; Committees: House-Energy and Commerce

 

H.R.9304-To require the Director of the National Cancer Institute to conduct a review of the current state of stomach cancer incidence, prevention, screening, awareness, and future public health importance, and for other purposes; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.R.9305-To direct the Secretary of Health and Human Services to make grants to local governments for the training of local law enforcement officers on public health threats arising from violations of building codes, and for other purposes; Sponsor: Costa, Jim [Rep.-D-CA-21]; Committees: House-Transportation and Infrastructure

 

H.R.9310-To amend title 18, United States Code, to provide Tribal courts and law enforcement with more tools to combat the opioid epidemic; Sponsor: Larsen, Rick [Rep.-D-WA-2]; Committees: House-Judiciary; Natural Resources

 

H.R.9314-To amend the Public Health Service Act to provide for a national program to conduct and support activities toward the goal of significantly reducing the number of cases of overweight and obesity among individuals in the United States; Sponsor: Norton, Eleanor Holmes [Del.-D-DC-At Large]; Committees: House-Energy and Commerce

 

H.R.9321-To direct the Secretary of Health and Human Services to conduct a demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States; Sponsor: Slotkin, Elissa [Rep.-D-MI-7]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9324-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

HELP Committee Advances OAA Reauthorization-The Senate Health, Education, Labor, and Pensions (HELP)Committee voted 20-1 to reauthorize the Older Americans Act (OAA) last week. Sen. Rand Paul (R-Ky.) was the sole vote in opposition to the reauthorization. Under S. 4776, the Older Americans Act Reauthorization Act of 2024, OAA programs would receive an almost 5% increase in authorized funding through fiscal year 2029. The Committee also advanced the Autism Collaboration, Accountability, Research, Education, and Support (Autism CARES) Act of 2024 (S.4762) and the Traumatic Brain Injury Program Reauthorization Act (S.4755) on a bipartisan basis.

 

 

HSGAC Advances Healthcare Cybersecurity Act-The Senate Homeland Security and Governmental Affairs Committee (HSGAC) advanced the Healthcare Cybersecurity Act (S.4697) in a 10-1 vote last week with Sen. Rand Paul (R-Ky.) voting against the bill. This legislation directs the Cybersecurity and Infrastructure Security Agency (CISA) and the U.S. Department of Health and Human Services (HHS) to collaborate on improving cybersecurity and make resources available to non-federal entities relating to cyber threat indicators and appropriate defense measures. It would also create a special liaison to HHS within CISA to coordinate during cybersecurity incidents and collaborate to support health care and public health sector entities.

 

 

Senate Appropriators Advance FY25 LHHS Bill-The Senate Appropriations Committee approved its fiscal year (FY) 2025 Labor-Health and Human Services (LHHS) spending measure last week in a bipartisan 25-3 vote. Sens. Deb Fischer (R-Neb.), Marco Rubio (R-Fla.), and Bill Hagerty (R-Tenn.) voted in opposition the legislation and Sen. John Hoeven (R-N.D.) did not vote. The bill provides $122.8 billion in discretionary funding for HHS. The National Institutes of Health would receive $50.2 billion, an increase of $2.05 billion over current levels. The bill sustains $1.5 billion in funding for the Advanced Research Projects Agency for Health. The Centers for Disease Control and Prevention would see a funding increase of $173 million over FY24 levels. The bill includes $3.82 billion for the Administration for Strategic Preparedness and Response, an increase of $200 million over FY24. More information can be found in the bill summary, bill text, and report.

 

 

The Senate’s bill stands in stark contrast to the House of Representative’s FY25 LHHS spending bill, which would cut HHS funding by 7% and provide flat funding for the NIH while proposing structural reforms. The House had planned to bring their version of the bill to the floor for a vote, but instead adjourned early for August recess when it became clear the measure did not have enough support for passage. Lawmakers are expected to begin negotiations on a stopgap spending measure when both chambers return from recess in September.

 

 

Comer Requests CMS Briefing on OPO Guidance-House Oversight Committee Chairman James Comer (R-Ky.) has sent a letter to the administration regarding its failure to issue guidance on the future of low performing organ procurement organizations (OPOs). The Centers for Medicare and Medicaid Services (CMS) finalized a rule in 2020 that would decertify the lowest performing-Tier 3-OPOs in 2026 based on their 2024 performance if they have failed to show improvement. CMS has yet to release guidance outlining how this decertification process would proceed or how higher performing OPOs should prepare to take over additional service areas. Approximately 42% of OPOs operated at the Tier 3 level in 2021, the most recent year with available data. “CMS’ inaction has created lack of clarity, increased uncertainty for Americans who need a transplant, and threatens to erode accountability for OPOs,” Comer writes. He requests a briefing from the agency that includes a description of the steps CMS is taking to ensure the final rule is implemented “without dilution or delay.”

 

 

Foxx Opposes Mental Health Parity Regulations-House Education and the Workforce Committee Chair Virginia Foxx (R-N.C.) sent a letter to the White House urging the administration to drop its proposed mental health parity rule. The rule is aimed at improving mental health coverage in commercial insurance plans by requiring parity between physical and mental health care in “non-quantitative treatment limitations” such as prior authorization. Foxx asserts that the rule lacks clarity and fails to consider workforce shortages amongst mental health professionals, arguing that it would actually decrease access to mental health treatment by disincentivizing employers from offering coverage. She also questions whether the rule exceeds agency authority in light of the Supreme Court’s overturning of the Chevron Deference.

 

 

Bucshon Remarks on VALID Act Status-Rep. Larry Bucshon, M.D. (R-Ind.) commented on the future of diagnostics reform legislation last week, appearing optimistic about the chances for bill passage in the next several years. The Food and Drug Administration (FDA) finalized a regulation earlier this year to provide greater oversight of laboratory developed tests (LDTs) within the agency’s existing medical device framework. Bucshon is the co-author of the bipartisan VALID Act (H.R.2369), which would create a new risk-based framework for the review of diagnostics and LDTs. Bucshon stated that many stakeholders’ opposition to the FDA rule has brought more parties back to the negotiating table on the VALID Act, and that the Supreme Court’s recent Chevron decision could result in litigation challenging the rule. Bucshon, who is retiring at the end of this year, has not yet secured a Republican to replace him alongside VALID Act co-lead Rep. Diana DeGette (D-Colo.).

 

 

Release of Senate 340B Bill Delayed-The release of legislation in the Senate to reform the 340B drug pricing program has been stalled, with the bill now not expected to be introduced until after the August recess. Sen. John Thune (R-S.D.) had previously expressed hopes that the bill would be rolled out last week, but its release was delayed by unspecified disagreements between Republican and Democratic members of the chamber’s bipartisan 340B working group. “It’s clear that we need a little more time to get this across the finish line,” GOP members of the working group-Sens. Thune, Jerry Moran (Kan.), and Shelley Moore Capito (W-Va.)-said in a statement.

 

 

CMS Releases FY25 IPPS Final Rule-Hospital payments will increase by $3.2 billion next year under the FY 2025 Medicare Hospital Inpatient Prospective Payment System (IPPS) final rule released by CMS last week. The 2.9% increase will take effect October 1 and is in line with CMS’ initial proposed rule. The regulation also finalizes a separate IPPS payment for small, independent hospitals to establish and maintain a buffer stock of essential medicines. The agency asserts that such facilities are particularly vulnerable to supply disruptions, and that buffer stocks will help guard against future shortages. CMS’ fact sheet on the final rule can be found here.

 

 

Congressional Retirements and Resignations-Rep. Bob Good (R-Va.) was defeated by former Navy SEAL officer John McGuire in the Republican primary following a recount for Virginia’s 5^th congressional district. Good was first elected to Congress in 2020 and serves on the Education and Workforce and Budget committees. He is currently the chairman of the House Freedom Caucus.

 

 

A running list of members of Congress who are retiring or seeking other office can be found below.

 

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

 

 

Upcoming Congressional Hearings and Markups

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

 

 

Recently Introduced Health Legislation

H.R.9179-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: Budzinski, Nikki [Rep.-D-IL-13]; Committees: House-Veterans’ Affairs; Education and the Workforce

 

S.4827-A bill to improve transparency and the availability of information regarding dietary supplements by amending the Federal Food, Drug, and Cosmetic Act to require manufacturers of dietary supplements to list dietary supplements with the Food and Drug Administration; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4829-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.Res.775-A resolution expressing support for the designation of July 15, 2024, as “National Leiomyosarcoma Awareness Day”; Sponsor: Stabenow, Debbie [Sen.-D-MI]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4831-A bill to amend the Older Americans Act of 1965 to include peer supports as a supportive service within the National Family Caregiver Support Program, to require States to consider the unique needs of caregivers whose families have been impacted by substance use disorder, including opioid use disorder, in providing services under such program, and for other programs; Sponsor: Budd, Ted [Sen.-R-NC]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4835-A bill to amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide for 3 primary care visits and 3 behavioral health care visits without application of any cost-sharing requirement; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4845-A bill to lower the cost of all drugs for all Americans; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4847-A bill to require the Secretary of Defense to conduct a study on active military-civilian partnerships at trauma centers of military medical treatment facilities within the Defense Health Agency; Sponsor: Cortez Masto, Catherine [Sen.-D-NV]; Committees: Senate-Armed Services

 

S.4855-A bill to amend the Older Americans Act of 1965 to authorize the provision of appropriate training, resources, and best practices to the aging network under grants for projects that address negative health effects associated with social isolation among older individuals; Sponsor: Murphy, Christopher [Sen.-D-CT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4860-A bill to amend title XVIII of the Social Security Act to establish coverage for certain residential substance use disorder services under the Medicare program; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Finance

 

S.4862-A bill to ensure that new advances in artificial intelligence are ethically adopted to improve the health of all individuals, and for other purposes; Sponsor: Rounds, Mike [Sen.-R-SD]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.R.9184-To amend title XI of the Social Security Act to exclude from antikickback and other sanctions certain travel and lodging arrangements between manufacturers of drugs and individuals being administered such drugs, and for other purposes; Sponsor: Guthrie, Brett [Rep.-R-KY-2]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9186-To amend title 10, United States Code, to ensure that medical records of the Department of Defense indicate the organizational affiliation of certain health care providers; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House-Armed Services

 

H.R.9194-To amend the Research and Development, Competition, and Innovation Act to support nucleic acid screening, and for other purposes; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Science, Space, and Technology

 

H.R.9218-To establish a clear and consistent biological definition of male and female; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House-Judiciary

 

H.R.9232-To amend title XVIII of the Social Security Act to establish coverage for certain residential substance use disorder services under the Medicare program; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Ways and Means

 

H.R.9233-To amend the Public Health Service Act to require the Secretary of Health and Human Services to establish a program for the conduct and support of research, training, and health information dissemination with respect to environmental risk factors of neurodegenerative diseases, and for other purposes; Sponsor: Wexton, Jennifer [Rep.-D-VA-10]; Committees: House-Energy and Commerce

 

S.4878-A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to approval of abbreviated new drug applications; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4879-A bill to prioritize funding for an expanded and sustained national investment in biomedical research; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Appropriations

 

S.4905-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.4918-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.Res.794-A resolution designating September 25, 2024, as “National Ataxia Awareness Day”, and raising awareness of ataxia, ataxia research, and the search for a cure; Sponsor: Hyde-Smith, Cindy [Sen.-R-MS]; Committees: Senate-Judiciary

 

S.Res.799-A resolution supporting the goals and ideals of Fentanyl Prevention and Awareness Day on August 21, 2024; Sponsor: Grassley, Chuck [Sen.-R-IA]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4923-A bill to amend title IV of the Social Security Act to require States to provide information about available benefits and services to kinship caregivers; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Finance

 

S.4935-A bill to amend title XVIII of the Social Security Act to update the budget neutrality threshold under the Medicare physician fee schedule; Sponsor: Boozman, John [Sen.-R-AR]; Committees: Senate-Finance

 

S.4937-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

 

S.4942-A bill making appropriations for the Departments of Labor, Health and human Services, and Education, and related agencies for the fiscal year ending September 30, 2025, and for other purposes; Sponsor: Baldwin, Tammy [Sen.-D-WI]; Committees: Senate-Appropriations

 

S.4949-A bill to improve end-of-life care; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4957-A bill to amend the Public Health Service Act to provide for a health care workforce innovation program; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4964-A bill to provide for a comprehensive Federal response to Long COVID, including research, education, and support for affected individuals, to direct the National Institutes of Health to establish a Long COVID research program, and for other purposes; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4968-A bill to improve the Institutional Development Award program of the National Institutes of Health; Sponsor: Hyde-Smith, Cindy [Sen.-R-MS]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4984-A bill to amend the Controlled Substances Act to require regulated persons to identify tableting machines and encapsulating machines by serial number; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate-Judiciary

 

S.4987-A bill to codify Chevron deference; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Homeland Security and Governmental Affairs

 

House Oversight Panel Releases PBM Report-The House Oversight and Accountability Committee released a staff report last week examining the role of pharmacy benefit managers (PBMs) in the prescription drug market. The report follows the Committee’s review of more than 140,000 pages of documents and communications and asserts that PBMs “have monopolized the pharmaceutical marketplace by deploying deliberate, anticompetitive pricing tactics that are raising prescription drug prices, undermining community pharmacies, and harming patients across the United States.” The report details the following key findings:

• PBMs use their position as middlemen and integration with health insurers, pharmacies, providers, and manufacturers to enact anticompetitive policies and protect their profit margin-costing taxpayers and reducing patient choice.
• While PBMs cite the savings they provide for payers and patients through negotiation, drug utilization programs, and spread pricing, evidence indicates that these tactics often increase costs for patients and payers.
• PBMs force drug manufacturers to pay rebates in exchange for favorable formulary placement, making it difficult for lower cost competitors to get on formularies.
• PBMs have begun creating foreign corporate entities and moving certain operations abroad in response to proposed state and federal government PBM reforms.
• PBMs’ use of prior authorization, fail first, and formulary manipulations have significant detrimental impacts on Americans’ health outcomes.

The report was released ahead of the panel’s hearing last Tuesday with executives from the nation’s three largest PBMs-CVS Caremark, Express Scripts, and OptumRx-in which the witnesses faced bipartisan criticism for their company’s practices.

 

House Adjourns, Appropriations Update-House Republican leadership announced last Wednesday that the chamber would adjourn for August recess a week earlier than expected amidst intraparty conflicts on fiscal year (FY) 2025 appropriations legislation. The chamber is not scheduled to return until the week of September 9. It remains unclear whether the House will hold any further votes on its remaining FY2025 bills. Several spending measures have failed or been pulled from floor consideration in recent weeks, including the Agriculture-Food and Drug Administration (FDA) bill, because they did not have enough votes for passage. House Appropriations Committee Chairman Tom Cole (R-Okla.) blamed the absence of language restricting access to abortion medication as one reason the Agriculture-FDA bill failed to secure enough support. Cole also recently stated that the chances of floor consideration of the Labor-Health and Human Services (LHHS) bill are “slim to none.” In the Senate, appropriators moved four more FY2025 spending bills to the floor for votes last week, and are scheduled to markup the remaining five, including LHHS, on August 1. Congress is widely expected to rely on a continuing resolution to avert a government shutdown at the end of the fiscal year on September 30.

 

Joint Economic Committee Pens Issue Brief on Private Equity-The Joint Economic Committee, currently chaired by Sen. Marin Heinrich (D-N.M.) released an issue brief last week examining the impact of private equity on the U.S. economy and health care system. The report asserts that private equity’s growth in the health care sector negatively impacts Americans’ well-being, highlighting concerning trends in the quality of care provided at private equity-owned institutions. “Private equity’s buy, strip and flip business model, anticompetitive actions, and exploitation of our health care system threaten Americans’ livelihoods,” the brief concludes. In related news, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted on Thursday to authorize a bipartisan investigation into the role of private equity in the bankruptcy of Steward Health Care, the largest for-profit health system in the nation. The HELP Committee also voted to subpoena Steward Health Care CEO Ralph de la Torre to testify before the panel.

 

 

E&C GOP Probes Marijuana Rescheduling Process-Republican leaders of the House Energy and Commerce Committee are questioning the process by which the White House has proposed to reschedule marijuana. The letter to the administration highlights that as recently as 2016, following a multi-year review, both the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services agreed that marijuana continued to meet the criteria to be considered a Schedule I substance. In May, however, the DEA proposed to reschedule marijuana from a schedule I to schedule III controlled substance. “We support research into innovative therapies to improve patient outcomes, but we are concerned with how the normal process was circumvented to achieve a result for political purposes and we have a number of unanswered questions,” the lawmakers write.

 

NJ Senator Bob Menendez to Resign August 20-Sen. Bob Menendez (D-N.J.) will resign from the Senate effective August 20 following his conviction on federal corruption charges. Menendez, who had faced calls to resign from his Senate colleagues, stated that he plans to appeal the verdict but did not want to involve the Senate “in a lengthy process that will detract from its important work.” New Jersey Gov. Phil Murphy (D) has the authority to name a replacement to serve until the end of the senator’s current term on January 3. Rep. Andy Kim (D) is heavily favored to win the full six-year term in the November election, in which Menendez has filed to run as an independent. Sen. Bernie Sanders (I-Vt.) has expressed interest in filling Menendez’s seat on the Senate Finance Committee.

 

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

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

 

 

Upcoming Congressional Hearings and Markups

Senate HELP Committee executive session to consider S.4776, Older Americans Act Reauthorization Act of 2024; S.4755, Autism Collaboration, Accountability, Research, Education, and Support Act of 2024; and S.4755, Traumatic Brain Injury Program Reauthorization Act of 2024; 10:00 a.m.; July 31

 

Senate Commerce, Science, and Transportation Committee executive session to markup legislation, including: S.2233, Youth Poisoning Protection Act; S.2645, Preventing HEAT Illnesses and Deaths Act; S.2714, CREATE AI Act; S.3162, TEST AI Act; S.3312, Artificial Intelligence Research, Innovation, and Accountability Act; S.4178, Future of Artificial Intelligence Innovation Act; S.4394, National Science Foundation Artificial Intelligence Education Act; S.4487, Small Business Artificial Intelligence Training and Toolkit Act; S.4596, Artificial Intelligence Public Awareness and Education Campaign Act; S.4769, Validation and Evaluation for Trustworthy (VET) Artificial Intelligence Act; 10:00 a.m.; July 31

 

Senate Appropriations business meeting to markup an original bill entitled, “Energy and Water Development and Related Agencies Appropriations Act”, an original bill entitled, “Department of Defense Appropriations Act”, an original bill entitled, “Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act”, an original bill entitled, “Department of Homeland Security Appropriations Act”, and an original bill entitled, “Financial Services and General Government Appropriations Act;” 9:30 a.m.; August 1

 

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

 

Recently Introduced Health Legislation

H.R.9079-To amend the Immigration and Nationality Act to provide nonimmigrant status to nurses working in certain facilities; Sponsor: Beyer, Donald S. [Rep.-D-VA-8]; Committees: House-Judiciary

 

H.R.9091-To authorize an individual who is transitioning from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs to continue receiving treatment from such individual’s mental health care provider of the Department of Defense, and for other purposes; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Armed Services; Veterans’ Affairs

 

S.4729-A bill to amend the Older Americans Act of 1965 to establish a pilot program for family caregivers for individuals with Alzheimer’s disease or a related disorder with neurological and organic brain dysfunction; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.4731-A bill to amend the Older Americans Act of 1965 to provide for food-based interventions; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.4732-A bill to amend the Older Americans Act of 1965 to authorize funding for the Research, Demonstration, and Evaluation Center for the Aging Network to engage in certain research and evaluation activities with respect to family caregivers and to revise the definition of the term “family caregiver”; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4733-A bill to amend the Older Americans Act of 1965 to authorize the Secretary of Health and Human Services to make grants to develop or expand in-person and virtual peer support programs for family caregivers; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4734-A bill to amend the Older Americans Act of 1965 to ensure services for home modifications under part B of title III of such Act may be used for certain purposes, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4735-A bill to amend the Older Americans Act of 1965 to provide financial planning services related to the needs of family caregivers, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4736-A bill to amend the Older Americans Act of 1965 to develop and expand integrated caregiver support services for family caregivers, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4739-A bill to advance research to achieve medical breakthroughs in brain tumor treatment and improve awareness and adequacy of specialized cancer and brain tumor care; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4741-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.4743-A bill to improve the Long-Term Care Ombudsman program; Sponsor: Kaine, Tim [Sen.-D-VA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4744-A bill to amend the Higher Education Act of 1965 to establish fair and consistent eligibility requirements for graduate medical schools operating outside the United States and Canada; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4745-A bill to establish the Federal Food Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, reducing the prevalence of diet-related chronic diseases, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4755-A bill to reauthorize traumatic brain injury programs, and for other purposes; Sponsor: Mullin, Markwayne [Sen.-R-OK]; Committees: Senate -Health, Education, Labor, and Pensions

 

H.Res.1375-Recognizing the threat of extreme weather to children’s health and well-being, and expressing the sense of Congress that solutions must be rapidly and equitably developed and deployed to address the unique vulnerabilities and needs of children; Sponsor: McClellan, Jennifer L. [Rep.-D-VA-4]; Committees: House-Energy and Commerce

 

H.R.9093-To prioritize healthcare facilities and mental or behavioral health facilities in the Community Facilities program for fiscal years 2025 through 2031, and allow loans and grants under the program to be used for medical supplies, increasing telehealth capabilities, supporting staffing needs, or renovating and remodeling closed facilities; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Agriculture

 

H.R.9094-To amend chapter 17 of title 38, United States Code, to direct the Secretary of Veterans Affairs to allow a veteran to receive a full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Veterans’ Affairs

 

H.R.9096-To establish pharmacy payment and reimbursement by pharmacy benefits managers; to amend title XIX of the Social Security Act to improve prescription drug transparency; and for other purposes; Sponsor: Auchincloss, Jake [Rep.-D-MA-4]; Committees: House-Energy and Commerce; Ways and Means; Oversight and Accountability; Armed Services

 

H.R.9098-To provide for surveillance of Clostridioides difficile, and for other purposes; Sponsor: Clarke, Yvette D. [Rep.-D-NY-9]; Committees: House-Energy and Commerce

 

H.R.9099-To establish the Federal Food Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, reducing the prevalence of diet-related chronic diseases, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Energy and Commerce

 

H.R.9101-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; Budget

 

H.R.9104-To amend the Public Health Service Act to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception and medication related to contraception, and for other purposes; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House-Energy and Commerce

 

H.R.9107-To require the Secretary of Veterans Affairs to submit a report on the status and timeline for completion of the redesigned Airborne Hazards and Open Burn Pit Registry 2.0; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Veterans’ Affairs

 

H.R.9113-To advance research to achieve medical breakthroughs in brain tumor treatment and improve awareness and adequacy of specialized cancer and brain tumor care; Sponsor: Wild, Susan [Rep.-D-PA-7]; Committees: House-Energy and Commerce

 

S.Res.769-A resolution recognizing the importance of mental health for youth in the United States and expressing the pressing need for awareness and support for mental health care for children and adolescents; Sponsor: Padilla, Alex [Sen.-D-CA]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4757-A bill to improve the environmental health outcomes of incarcerated people and carceral facility workers, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Judiciary

 

S.4762-A bill to amend the Public Health Service Act to reauthorize programs and research relating to autism, and for other purposes; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4767-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

 

H.Res.1384-Recognizing the seriousness of polycystic ovary syndrome (PCOS) and expressing support for the designation of the month of September 2024 as “PCOS Awareness Month”; Sponsor: Scott, David [Rep.-D-GA-13]; Committees: House-Energy and Commerce

 

H.R.9119-To direct the Director of the Office of Community Oriented Policing Services of the Department of Justice to establish a training course relating to Alzheimer’s disease and similar forms of dementia; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House-Judiciary

 

H.R.9125-To amend title XVIII of the Social Security Act to improve the accuracy and predictability of Medicare payments to long-term care hospitals; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House-Ways and Means

 

H.R.9127-To amend title III of the Public Health Service Act to include territorial disproportionate share hospitals as covered entities under the 340B drug discount program; Sponsor: Sablan, Gregorio Kilili Camacho [Del.-D-MP-At Large]; Committees: House-Energy and Commerce

 

H.R.9128-To amend title XVIII of the Social Security Act to establish a designation for territorial safety net hospitals, and for other purposes; Sponsor: Sablan, Gregorio Kilili Camacho [Del.-D-MP-At Large]; Committees: House-Energy and Commerce; Ways and Means; Budget

 

H.R.9129-To amend title XVIII of the Social Security Act to establish certain standards and requirements with respect to financial assistance and medical debt collection for hospitals participating in the Medicare program, and to amend title III of the Public Health Service Act to establish a grant program for purposes of medical debt relief; Sponsor: Vasquez, Gabe [Rep.-D-NM-2]; Committees: House-Energy and Commerce; Ways and Means

 

S.Res.771-A resolution supporting the designation of the week of August 26 through August 30, 2024, as the second annual “National Community Health Worker Awareness Week”; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.773-A resolution supporting the ideals of Bump Day to ensure, through advocacy, awareness, and action, that every mom, regardless of where she lives, the color of her skin, or her ability to pay, gets the care she needs to deliver a safe pregnancy and birth, and a healthy future for herself and the baby she loves; Sponsor: Coons, Christopher A. [Sen.-D-DE]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.774-A resolution designating June 15, 2024, as “World Elder Abuse Awareness Day” and the month of June 2024 as “Elder Abuse Awareness Month”; Sponsor: Grassley, Chuck [Sen.-R-IA]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4771-A bill to amend the Internal Revenue Code of 1986 to expand eligibility for health savings accounts, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate-Finance

 

S.4773-A bill to improve the health of minority individuals, and for other purposes; Sponsor: Hirono, Mazie K. [Sen.-D-HI]; Committees: Senate-Finance

 

S.4774-A bill to provide for the periodic issuance of up-to-date clinical guidance on addressing the health effects of per- and polyfluoroalkyl substances (PFAS), and for other purposes; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4776-A bill to amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2025 through 2029, and for other purposes; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4777-A bill to amend title XVIII of the Social Security Act to require hospitals to fulfill certain obligations relating to discontinuation of services or closure; Sponsor: Baldwin, Tammy [Sen.-D-WI]; Committees: Senate-Finance

 

S.4781-A bill to improve access to the Program of All-Inclusive Care for the Elderly, and for other purposes; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Finance

 

S.4785-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

 

S.4791-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: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Veterans’ Affairs

 

S.4804-A bill to amend the Public Health Service Act to require the Secretary of Health and Human Services to enforce certain requirements with respect to for-profit corporations that own health care systems, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Finance

 

S.4811-A bill to require guidance to improve access to mental health and substance use prevention services for children, adolescents, and young adults; Sponsor: Butler, Laphonza R. [Sen.-D-CA]; Committees: Senate-Finance

 

S.4812-A bill to establish a pilot program to address behavioral health needs among children, adolescents, and young adults, and for other purposes; Sponsor: Butler, Laphonza R. [Sen.-D-CA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4817-A bill to amend title I of the Patient Protection and Affordable Care Act to authorize the establishment of, and provide support for, State-based universal health care systems that provide comprehensive health benefits to State residents, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Finance

 

H.Res.1389-Supporting the designation of the week of August 26 through August 30, 2024, as the second annual “National Community Health Worker Awareness Week”; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Energy and Commerce

 

H.R.9131-To authorize a national program to reduce the threat to human health posed by exposure to indoor air contaminants, and for other purposes; Sponsor: Tonko, Paul [Rep.-D-NY-20]; Committees: House-Energy and Commerce

 

H.R.9132-To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means

 

H.R.9133-To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide for 3 primary care visits and 3 behavioral health care visits without application of any cost-sharing requirement; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means

 

H.R.9138-To expand psychological mental and behavioral health services to Medicare, Medicaid, and CHIP beneficiaries by permitting reimbursement of psychological services provided by certain supervised psychology trainees, and facilitating the reimbursement of those services; Sponsor: Balderson, Troy [Rep.-R-OH-12]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9141-To amend the Internal Revenue Code of 1986 to expand eligibility for health savings accounts, and for other purposes; Sponsor: Cammack, Kat [Rep.-R-FL-3]; Committees: House-Ways and Means

 

H.R.9142-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.9146-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, C. Scott [Rep.-R-FL-18]; Committees: House-Veterans’ Affairs

 

H.R.9156-To amend the Public Health Service Act to require the Secretary of Health and Human Services to enforce certain requirements with respect to for-profit corporations that own health care systems, and for other purposes; Sponsor: Jayapal, Pramila [Rep.-D-WA-7]; Committees: House-Energy and Commerce; Financial Services; Ways and Means; Judiciary

 

H.R.9157-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.9161-To improve the health of minority individuals, and for other purposes; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House-Energy and Commerce; Ways and Means; Agriculture; Oversight and Accountability; Education and the Workforce; Judiciary; Budget; Veterans’ Affairs; Natural Resources; Armed Services; Homeland Security; Financial Services; Transportation and Infrastructure

 

H.R.9173-To amend title XVIII of the Social Security Act to stabilize payments to long-term care hospitals under the Medicare program and improve patient access; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House-Ways and Means

 

H.R.9177-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

 

H.R.9178-To amend title 38, United States Code, to improve access of health care providers of the Department of Veterans Affairs to prescription drug monitoring programs, and for other purposes; Sponsor: Zinke, Ryan K. [Rep.-R-MT-1]; Committees: House-Veterans’ Affairs

 

President Biden Announces He Will Not Seek Second Term-As Democratic calls grew louder to exit the race, President Joe Biden (D) announced that he has “decided not to accept the nomination and to focus all my energies on my duties as President for the remainder of my term.” He also announced his endorsement of Vice President Kamala Harris as the Democratic nominee for 2024. President Biden intends to address the nation later this week. With the Democratic National Convention beginning on August 19 in Chicago, IL, time is running short to choose a new nominee and the complicated process of doing so will need to be resolved by the Democratic delegates at the convention. While some elected Democrats are endorsing Vice-President Harris as the next nominee, with over 14 million Americans already having cast votes in favor of President Biden, the party’s convention rules and procedural processes-and their implications for the democratic process-are under close scrutiny. If Harris were to be automatically selected as the candidate, some may question the democratic process. Given the reasons for President Biden ending his campaign for re-election, Republicans are already asking if he is able to continue to serve for the remainder of his term.

 

 

Trump Selects Ohio Senator JD Vance as Running Mate-Republican presidential candidate Donald Trump tapped Sen. JD Vance (R-Ohio) as his running mate last week. Vance is a former venture capitalist who was first elected to the Senate in 2022. While Vance does not currently serve on any committees with health care jurisdiction, his legislative record on health issues includes introducing legislation to prohibit minors from receiving access to gender-affirming medical care (S. 2357), as well as to add childbirth as a protected reason for not returning to work under the Family and Medical Leave Act (S.3048). He is a cosponsor of the Affordable Insulin Now Act (S.954) to cap commercial insulin costs at $35, as well as legislation to exclude Deferred Action for Childhood Arrivals (DACA) recipients from accessing health insurance under the Affordable Care Act. Vance is also on the record in support of allowing Medicare to negotiate prescription drug prices and has previously called for allowing the importation of drugs from overseas. Vance is staunchly pro-life and supports a nationwide abortion ban at 15 weeks, with exceptions, while also agreeing with the Supreme Court’s decision to not restrict access to the abortion pill mifepristone.

 

Health care-related issues were largely absent from last week’s Republican National Convention in Milwaukee, WI. During his speech on Thursday night, former President Trump highlighted the success of the 2018 Right to Try law in saving lives by expanding access to experimental treatments for terminally ill individuals. The GOP’s 2024 platform that was ratified last week only touches briefly on the issue of health care, simply stating “Health care and prescription drug costs are out of control. Republicans will increase transparency, promote choice and competition, and expand access to new affordable health care and prescription drug options. We will protect Medicare, and ensure seniors receive the care they need without being burdened by excessive costs.”

 

HELP Schedules Vote to Subpoena CEO in Steward Health Care Investigation-Bipartisan leadership of the Senate Health, Education, Labor, and Pensions (HELP) Committee is launching an investigation into the bankruptcy of Steward Health Care. Steward is a Dallas-based hospital chain that operates 31 hospitals in eight states. Steward first acquired a failing hospital system run by the Archdiocese of Boston in 2010, and with the backing of private equity firm Cerberus Capital Management converted it into for-profit institutions before buying additional hospitals across the country. Steward filed for Chapter 11 bankruptcy protection earlier this year and is now seeking to sell all of its hospitals. The HELP Committee will vote on Thursday to issue a subpoena that would compel Steward CEO Ralph de la Torre to testify at a hearing before the panel on September 12. “Given the serious harm and uncertainty Steward’s bankruptcy and financial arrangements are having on hospitals, patients, and health care workers throughout the country, Dr. de la Torre has given us no choice but to compel him to testify at this hearing,” Chairman Bernie Sanders (I-Vt.) and Ranking Member Bill Cassidy (R-La.) said in a joint statement.

 

Senators Form Working Group to Assess Post-Chevron Legislative Landscape-A group of senators led by Sen. Eric Schmidt (R-Mo.) has launched a working group to assess the current policy landscape and discuss how the Senate can most effectively legislate following the Supreme Court’s decision to overturn the Chevron deference. The group plans to send letters to 101 federal agencies-including the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration-regarding more than 50 regulations that have been finalized since the year 2000. The working group will ask regulators for information about how ongoing rulemaking and civil enforcement actions and adjudications are affected by the recent Supreme Court decision.

 

Cassidy Pushes for Briefing on Proposed Marijuana Rescheduling-Senate HELP Committee Ranking Member Bill Cassidy (R-La.) has sent a letter to the Biden administration regarding its proposal to reschedule marijuana. Cassidy is requesting a briefing from White House officials by August 1 about its proposal to change marijuana from a Schedule I substance to a Schedule III substance. He states that HHS has “outright refused” to brief the Committee on the issue, while the Department of Justice has been nonresponsive to requests for a briefing. “Your agencies’ avoidance of the HELP Committee’s attempt to carry out its oversight responsibilities over a matter of critical importance to public health and safety is troubling,” Cassidy writes. “Refusing to engage with Congress on the merits of this policy furthers the perception that this change is driven by election-year politics, rather than the scientific evidence.”

 

 

Texas Congresswoman Jackson Lee Dies After Pancreatic Cancer Battle-Rep. Sheila Jackson Lee (D-Texas) passed away last week at the age of 74. Jackson Lee announced in June that she had been diagnosed with pancreatic cancer. She was first elected to represent Texas’ 18th Congressional District in 1994 and was a member of the Judiciary, Homeland Security, and Budget committees. At the time of her death Jackson Lee was also serving as a Democratic chief deputy whip. During her time in Congress Jackson Lee was a champion of civil rights, successfully working to reauthorize the Violence Against Women Act and establish Juneteenth as a federal holiday.

 

 

Menendez Found Guilty in Federal Corruption Trial-Sen. Bob Menendez (D-N.J.) was found guilty of corruption charges following a two-month trial on Tuesday. The judge has set a sentencing date for October 29. Menendez has faced calls to resign from his Senate colleagues following the conviction. “In light of this guilty verdict, Senator Menendez must now do what is right for his constituents, the Senate, and our country, and resign,” Senate Majority Leader Chuck Schumer (D-N.Y.) stated. New Jersey Gov. Phil Murphy (D) called on the Senate to vote to expel Menendez should he choose not to resign. Menendez has said he will appeal his conviction. If Menendez leaves office or is expelled, Gov. Murphy would name a replacement to serve until the end of the senator’s current term on January 3. Rep. Andy Kim (D) is heavily favored to win the full six-year term in the November election, in which Menendez has filed to run as an independent.

 

 

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

 

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

 

 

 

Upcoming Congressional Hearings and Markups

House Rules Committee meeting to consider the rule for H.R.9027, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2025; 4:00 p.m.; July 22

 

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “Report Card: Assessing Electronic Health Record Modernization at the Captain James A. Lovell Federal Health Care Center;” 4:30 p.m.; July 22

 

House Oversight and Accountability Committee hearing “The Role of Pharmacy Benefit Managers in Prescription Drug Markets Part III: Transparency and Accountability;” 10:00 a.m.; July 23

 

House Energy and Commerce Subcommittee on Health hearing “Are CDC’s Priorities Restoring Public Trust and Improving the Health of the American People?” 10:30 a.m.; July 23

 

House Oversight and Accountability Subcommittee on Cybersecurity, Information Technology, and Government Innovation hearing “Enhancing Cybersecurity by Eliminating Inconsistent Regulations;” 9:00 a.m.; July 25

 

Senate HELP Committee executive session to authorize an investigation into the bankruptcy of Steward Health Care and a subpoena of Dr. Ralph de la Torre, Chairman and Chief Executive Officer, Steward Health Care Systems LLC; 10:00 a.m.; July 25

 

House Veterans’ Affairs Subcommittee on Health hearing “Life After Limb Loss: Examining VA Amputee Prosthetics Care;” 1:30 p.m.; July 30

 

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

 

Recently Introduced Health Legislation

H.R.9039-To require the Interagency Working Group on Toxic Exposure to conduct research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Veterans’ Affairs

 

H.R.9049-To amend title XIX of the Social Security Act to provide States with the option to provide coordinated care through a pregnancy medical home for high-risk pregnant women, and for other purposes; Sponsor: Nunn, Zachary [Rep.-R-IA-3]; Committees: House-Energy and Commerce

 

H.R.9050-To amend title 38, United States Code, to establish a grant program for the transportation of veterans who reside in highly rural areas to medical facilities; Sponsor: Peltola, Mary Sattler [Rep.-D-AK-At Large]; Committees: House – Veterans’ Affairs

 

H.R.9052-To extend the authority for the joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund; Sponsor: Schneider, Bradley Scott [Rep.-D-IL-10]; Committees: House-Armed Services; Veterans’ Affairs

 

H.R.9067-To amend titles XVIII and XIX of the Social Security Act to establish a waiver of certain training and certification requirements for specified skilled nursing facilities and nursing facilities; Sponsor: Guthrie, Brett [Rep.-R-KY-2]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.9070-To amend title 35, United States Code, to prohibit product hopping, and for other purposes; Sponsor: Issa, Darrell [Rep.-R-CA-48]; Committees: House-Judiciary; Ways and Means; Energy and Commerce

Senate Passes Legislation Aimed at Patent Thickets-The Senate passed the Affordable Prescriptions for Patients Act (S.150) by unanimous consent last week. The legislation aims to prevent the creation of patent thickets by pharmaceutical manufacturers by limiting the number of patents a drugmaker can use in patent infringement litigation against biosimilar competition. The version of the bill passed by the Senate last week cut a previously included provision that would have also prohibited product hopping by brand name companies seeking to limit generic competition. The bill, introduced by Sens. Richard Blumenthal (D-Conn.) and John Cornyn (R-Texas), would save an estimated $1.8 billion in federal spending over the next decade. The savings created by the bill could be used as a potential pay-for in a year-end health care package.

 

Appropriations Update-The Senate Appropriations Committee approved its fiscal year (FY) 2025 Agriculture-Food and Drug Administration (FDA) spending bill in a 27-0 vote last week. The bill would fund the FDA at $6.87 billion, a $22 million increase over FY2024 discretionary spending levels. House appropriators also advanced their Agriculture-FDA spending bill last week, which would fund the FDA at $6.75 billion. The bill was passed on a party line vote of 29-26.

 

The House Appropriations Committee approved its FY2025 Labor-Health and Human Services-Education (LHHS) spending bill in a 31-25 vote. The $185.8 billion measure represents an 11% cut compared to current funding levels. The U.S. Department of Health and Human Services would receive $107 billion in funding, a 7% cut. The House LHHS spending bill would hold NIH funding at current levels while proposing significant restructuring. Budgets for the Advanced Research Projects Agency for Health (ARPA-H) and Centers for Disease Control and Prevention (CDC) would be severely reduced, and funding for the Agency for Healthcare Quality and Research (AHRQ) would be completely eliminated.

 

The FY2025 Legislative Branch spending bill was defeated on the House floor last week, with 10 Republicans joining Democrats in voting against the bill in opposition to a provision that would have extended a 15-year pay freeze for members of Congress. Senate appropriators advanced their Legislative Branch measure out of committee in a 27-0 vote on Thursday. The Senate bill also proposes to keep member pay at its current level.

 

In addition to adopting top-line allocations for the 12 annual appropriations measures, Senate appropriators have also reached an agreement to increase the amount of FY 2025 emergency spending to $34.5 billion, with nondefense funding receiving $13.5 billion. Lawmakers have until September 30 to fund the federal government. Republican leadership in the House aim to pass all 12 annual appropriations bills on the House floor before the August recess, with Appropriations Chairman Tom Cole (R-Okla.) asserting that doing so will give the chamber a leg up on eventual government funding negotiations with the Senate. Cole has indicated that a continuing resolution will likely be necessary to keep the government open beyond the end of the fiscal year.

 

New FTC Report on PBM Industry-The Federal Trade Commission (FTC) released an interim staff report on pharmacy benefit managers (PBMs) last week. The report is a part of the agency’s ongoing inquiry into the role of prescription drug middlemen that was launched in 2022. FTC highlights the concentration and vertical integration that exists within the PBM services market, finding that the top three PBMs process nearly 80% of the approximately 6.6 billion prescriptions dispensed by U.S. pharmacies in 2023, and the top six PBMs process more than 90%. The report details how this consolidation allows PBMs to exercise significant influence over access to and affordability of prescription drugs, and outlines PBMs’ use self-preferencing, unfair contract terms, and efforts to limit access to low-cost competition. According to the Wall Street Journal, the FTC plans to sue Express Scripts, Caremark, and OptumRx for their negotiating tactics related to certain drugs, including insulin.

 

In response to the report, Senate Finance Committee Chair Ron Wyden (D-Ore.) highlighted his panel’s unanimous advancement of PBM reform legislation last November, stating he is “going to the mat to deliver that bill to the president’s desk this year.” Rep. Buddy Carter (R-Ga.), who has spearheaded legislative efforts to overhaul the PBM industry in the House, called on the FTC to “promptly complete its investigation and begin enforcement actions if-and when-it uncovers illegal and anticompetitive PBM practices.” It was reported last week that executives from CVS Caremark, Express Scripts, and OptumRx have agreed to testify before the House Oversight Committee in a hearing scheduled for July 23.

 

Speaker Johnson Promises September Vote on BIOSECURE-House Speaker Mike Johnson (R-La.) stated his intention to bring the BIOSECURE Act (H.R.8333) to the floor for a vote this September. The bill will be considered as a part of Johnson’s effort “to have a significant package of China-related legislation signed into law by the end of this year, this Congress.” The legislation would prohibit Chinese biotechnology companies of concern from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. Both the House and Senate versions of the bill were advanced out of committee earlier this year.

 

GOP Committee Leaders Write Agencies in Wake of Chevron Decision-Republican committee leadership in the House of Representatives have written to more than two dozen federal agencies, including the U.S. Department of Health and Human Services, requesting a list of rules and adjudications that could be impacted by the Supreme Court’s recent decision to overturn the Chevron deference. The letters did not outline any specific regulations that the GOP intends to challenge, but did highlight the administration’s efforts around the climate, energy sector, and environmental, social, and governance (ESG) investing as based on “aggressive interpretations of statutes.” “We intend to ensure agencies are held accountable following the court’s ruling and observe the proper checks on their power,” House Majority Leader Steve Scalise (R-La.) said in a statement. Republicans request responses from federal agencies by the end of the month.

 

Rep. Garamendi Begins Treatment for Multiple Myeloma-Rep. John Garamendi (D-Calif.) has begun treatment for multiple myeloma. Garamendi stated that he expects to continue working but will limit travel to Washington and public events throughout the treatment process. “Today, I started my path to remission with chemo-immunotherapy as an outpatient at Kaiser Oncology in Sacramento,” Garamendi stated on Monday. “I’m grateful our President initiated the Cancer Moonshot and that California’s efforts in stem cell research and taxing cigarettes in the 1980s for cancer research have advanced therapies benefiting not only me, but every family dealing with cancer.”

 

AMA Releases New Survey Data on Physician Burnout-New survey data from the American Medical Association (AMA) show that U.S. physician burnout has fallen below 50% for the first time since 2020. Approximately 48% of physicians report feeling burnout last year, down from 53% in 2022 and from a record high rate of 63% in 2021. The AMA’s survey of more than 12,400 physicians from 81 organizations across 31 states requested input on six performance indicators: job satisfaction, job stress, burnout, intent to leave an organization, feeling valued by an organization, and total hours spent per week on work-related activities. The AMA found that between 2022 and 2023, physician job satisfaction improved, job stress decreased, and more physicians feel valued by their organizations.

 

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

 

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

 

 

Upcoming Congressional Hearings and Markups

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “Report Card: Assessing Electronic Health Record Modernization at the Captain James A. Lovell Federal Health Care Center;” 4:30 p.m.; July 22

 

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

 

Recently Introduced Health Legislation

S.4630-A bill to establish an interagency committee to harmonize regulatory regimes in the United States relating to cybersecurity, and for other purposes; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate-Homeland Security and Governmental Affairs

 

S.4635-A bill to require a report and updated guidance on continued risk management for pharmaceutical supply chains of Department of Defense; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate-Armed Services

 

H.R.8942-To amend the Indian Health Care Improvement Act to ensure that certain employees, providers, and volunteers associated with the Indian Health Service receive educational training in the history and culture of the Tribes served by such persons, and for other purposes; Sponsor: Hageman, Harriet M. [Rep.-R-WY-At Large]; Committees: House-Natural Resources; Energy and Commerce

 

H.R.8948-To amend title 18, United States Code, to limit the ability to assess a fee for health care services for prisoners, and for other purposes; Sponsor: Norton, Eleanor Holmes [Del.-D-DC-At Large]; Committees: House-Judiciary

 

S.Res.757-A resolution designating the week of May 5, 2024, through May 11, 2024, as “Tardive Dyskinesia Awareness Week”; Sponsor: Mullin, Markwayne [Sen.-R-OK]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4641-A bill to provide for certain reforms pertaining to Chevron deference; Sponsor: Cotton, Tom [Sen.-R-AR]; Committees: Senate-Homeland Security and Governmental Affairs

 

H.R.8955-To amend the Indian Health Care Improvement Act to ensure that, whenever the Indian Health Service undertakes an investigation into the professional conduct of a licensee of a State, the Service notifies the relevant State medical board, and for other purposes; Sponsor: Johnson, Dusty [Rep.-R-SD-At Large]; Committees: House-Natural Resources; Energy and Commerce

 

H.R.8956-To amend the Indian Health Care Improvement Act for the development and implementation of a centralized system to credential licensed health professionals who seek to provide health care services at any Indian Health Service unit; Sponsor: Newhouse, Dan [Rep.-R-WA-4]; Committees: House-Natural Resources; Energy and Commerce

 

H.R.8964-To amend the HITECH Act to allow an individual to obtain a copy of such individual’s protected health information at no cost unless certain circumstances apply, and for other purposes; Sponsor: Foster, Bill [Rep.-D-IL-11]; Committees: House-Energy and Commerce

 

H.R.8966-To amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian Health Service, restore accountability in the Indian Health Service, improve health services, and for other purposes; Sponsor: Johnson, Dusty [Rep.-R-SD-At Large]; Committees: House-Natural Resources; Energy and Commerce; Ways and Means; Oversight and Accountability

 

S.Res.761-A resolution expressing support for the designation of the month of June 2024 as “National Post-Traumatic Stress Awareness Month” and June 27, 2024, as “National Post-Traumatic Stress Awareness Day”; Sponsor: Sullivan, Dan [Sen.-R-AK]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4667-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

 

H.Res.1350-Expressing concern about the elevated levels of lead in one-third of the world’s children and the global causes of lead exposure, and calling for the inclusion of lead exposure prevention in global health, education, and environment programs abroad; Sponsor: Crow, Jason [Rep.-D-CO-6]; Committees: House-Foreign Affairs; Energy and Commerce

 

H.R.8977-To amend title XI of the Social Security Act to require the Center for Medicare and Medicaid Innovation to test an emergency medical services treatment-in-place model under the Medicare program; Sponsor: Carey, Mike [Rep.-R-OH-15]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8981-To amend the SUPPORT for Patients and Communities Act to improve trauma support services and mental health care for children and youth in educational settings, and for other purposes; Sponsor: Hayes, Jahana [Rep.-D-CT-5]; Committees: House-Education and the Workforce

 

H.R.8987-To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to ensure cost sharing for a drug does not exceed the nationwide average of consumer purchase prices for such drug; Sponsor: Porter, Katie [Rep.-D-CA-47]; Committees: House-Energy and Commerce; Ways and Means; Education and the Workforce

 

S.Res.764-A resolution expressing support for the designation of July 2024 as “National Sarcoma Awareness Month”; Sponsor: Johnson, Ron [Sen.-R-WI]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4671-A bill to limit cost sharing for prescription drugs, and for other purposes; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4682-A bill to amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes; Sponsor: Whitehouse, Sheldon [Sen.-D-RI]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4684-A bill to ensure affordable health insurance coverage for low-income individuals in States that have not expanded Medicaid; Sponsor: Warnock, Raphael G. [Sen.-D-GA]; Committees: Senate-Finance

 

S.4690-An original bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2025, and for other purposes; Sponsor: Heinrich, Martin [Sen.-D-NM]; Committees: Senate-Appropriations

 

S.4691-A bill to amend the Internal Revenue Code of 1986 to deny the deduction for advertising and promotional expenses for prescription drugs; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Finance

 

S.4697-A bill to enhance the cybersecurity of the Healthcare and Public Health Sector; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate-Homeland Security and Governmental Affairs

 

S.4717-A bill to include pregnancy and loss of pregnancy as qualifying life events under the TRICARE program and to require a study on maternal health in the military health system, and for other purposes; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Armed Services

 

S.4724-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

 

H.Res.1356-Expressing support for the designation of October 9 through October 16, 2024, as “National Dyspraxia/Developmental Coordination Disorder (DCD) Awareness Week” and a commitment to raise awareness of dyspraxia/DCD in the United States; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House-Energy and Commerce

 

H.J.Res.186-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Trade Commission entitled “Non-Compete Clause Rule”; Sponsor: Palmer, Gary J. [Rep.-R-AL-6]; Committees: House-Judiciary

 

H.R.8999-To amend title XVIII of the Social Security Act to provide coverage and payment under such title for certain treatments for dialysis-related amyloidosis, and for other purposes; Sponsor: Babin, Brian [Rep.-R-TX-36]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9001-To amend title XVIII of the Social Security Act to revise certain physician self-referral exemptions relating to physician-owned hospitals; Sponsor: Burgess, Michael C. [Rep.-R-TX-26]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9008-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.9020-To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes; Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House-Energy and Commerce

 

H.R.9021-To amend the Internal Revenue Code of 1986 to deny the deduction for advertising and promotional expenses for prescription drugs; Sponsor: Slotkin, Elissa [Rep.-D-MI-7]; Committees: House-Ways and Means

 

H.R.9022-To include pregnancy and loss of pregnancy as qualifying life events under the TRICARE program and to require a study on maternal health in the military heath system, and for other purposes; Sponsor: Stefanik, Elise M. [Rep.-R-NY-21]; Committees: House-Armed Services

President Signs Parkinson’s Bill into Law-The Dr. Emmanuel Bilirakis and Honorable Jennifer Wexton National Plan to End Parkinson’s Act (H.R.2365) was signed into law by President Biden last week. The bill requires the U.S. Department of Health and Human Services (HHS) to carry out a project to address Parkinson’s disease and other related conditions. HHS is charged with implementing a national plan to coordinate and guide efforts to prevent, diagnose, treat, and cure the disease. The legislation also establishes a council of federal and nonfederal stakeholders to advise and make recommendations on the prevention and treatment of Parkinson’s. The legislation is named in honor of Rep. Bilirakis’ (R-Fla.) brother, Dr. Emmanuel Bilirakis who passed away earlier this year after battling the disease, and Rep. Wexton (D-Va.) who last fall announced her diagnosis of Progressive Supra-nuclear Palsy, type-p (PSP-P), a form of Atypical Parkinsonism and plans to retire at the end of this Congress.

 

Cassidy Urges Agency Compliance with Chevron Decision-Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bill Cassidy, M.D. (R-La.) has sent letters to federal agencies under his panel’s jurisdiction regarding their plans for complying with the Supreme Court’s overturning of the Chevron deference. “For too long, Chevron deference allowed unelected bureaucrats, insulated from political accountability to exercise power that exceeds their authority. Such unfettered power is a perversion of the Constitution,” Cassidy wrote. “The Supreme Court’s decision helps return the role of legislating back to the people’s elected representatives.” Cassidy specifically highlights the Food and Drug Administration’s (FDA) laboratory developed test rule, the U.S. Department of Health and Human Services’ (HHS) implementation of the No Surprises Act, and HHS’ proposed march-in rights framework as deserving further scrutiny in light of the high court’s recent decision. His letter to HHS can be found here and his letter to the FDA can be found here. He has requested the Agencies respond to his specific questions by July 19, 2024.

 

GOP Committee Chairs Investigate ACA Plan Fraud-Republican leadership of the House Energy and Commerce, Ways and Means, and Judiciary committees are asking that the HHS Office of the Inspector General and the Government Accountability Office investigate the scope of improper enrollment in the Affordable Care Act (ACA) marketplace as well as improperly paid subsidies. The request follows a new report from Paragon Health Institute estimating that four to five million people are improperly enrolled in fully subsidized ACA plans at a cost of $15 to $26 billion per year to taxpayers. “Runaway deficits and debt are threatening to breach historic levels in the next decade, and, by 2054, the cost of simply servicing our national debt will more than double relative to gross domestic product,” the lawmakers write. “Given this grave situation, it is critical that the federal government safeguard increasingly scarce resources to ensure that every dollar spent goes as far as possible to improve Americans’ wellbeing.”

 

Biden, Sanders Pen Drug Pricing Op-Ed-Senate HELP Committee Chairman Bernie Sanders (I-Vt.) joined President Biden last week in penning a USA Today op-ed calling on pharmaceutical companies to lower prescription drug prices. The piece specifically urges Novo Nordisk and Eli Lilly to reduce the “unconscionably high prices” of weight-loss and diabetes medications. Biden and Sanders highlight their ongoing work on legislation to increase the number of prescription drugs subject to the Inflation Reduction Act’s Medicare drug price negotiation program to at least 50 a year. “If Novo Nordisk and other pharmaceutical companies refuse to substantially lower prescription drug prices in our country and end their greed, we will do everything within our power to end it for them,” they write.

 

Judge Partially Blocks FTC’s Ban on Noncompete Agreements-A U.S. district court judge has temporarily restricted the Federal Trade Commission (FTC) from implementing a ban on employment contracts containing noncompete clauses. The regulation was set to go into effect in September prior to the federal judge’s decision that the agency lacks the appropriate authority for such a rule. The order only currently applies to the plaintiffs in the case-including tax services firm Ryan, the Business Roundtable, the U.S. Chamber of Commerce, and two Texas business groups-but Judge Ada E. Brown has stated her plans to issue a broader ruling by the end of August. In response, a spokesman for the agency stated that the FTC stands by its “clear authority, supported by statute and precedent, to issue this rule,” and that the agency “will keep fighting to free hardworking Americans from unlawful noncompetes, which reduce innovation, inhibit economic growth, trap workers, and undermine Americans’ economic liberty.”

 

Congressional Retirements and Resignations-The state of Virginia has certified the victory of former Navy SEAL John McGuire over incumbent Bob Good (R-Va.) in the primary race for the 5^th congressional district by a margin of less than 400 votes. Good was first elected to Congress in 2020. He currently chairs the House Freedom Caucus and serves on the Budget and Education and Labor committees. Good has stated that he will seek a recount.

 

A running list of members of Congress who are retiring or seeking other office can be found below.

 

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Buck (R), CO (effective March 22, 2024)
Trone (D), MD	Burgess, MD (R), TX
Blunt Rochester (D), DE	Wenstrup, DPM (R), OH
Napolitano (D), CA	McHenry (R), NC
Wexton (D), VA	Johnson (R), OH (effective Jan. 21, 2024)
Kim, Andy (D), NJ	Ferguson, IV, DMD, PC (R), GA
Jackson, Jeff (D), NC	Curtis (R), UT
Sarbanes (D), MD	Luetkemeyer (R), MO
Blumenauer (D), OR	Lamborn (R), CO
Kilmer (D), WA	Bucshon, MD (R), IN
Spanberger (D), VA	Pence (R), IN
Kildee (D), MI	Duncan (R), SC
Phillips (D), MN	Armstrong (R), ND
Cardenas (D), CA	McMorris Rodgers (R), WA
Eshoo (D), CA	Gallagher (R), WI (effective April 19, 2024)
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Graves (R), LA
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

Upcoming Congressional Hearings and Markups

House Appropriations Committee markup of FY 2025 Labor, Health and Human Services, Education, and Related Agencies Act; 9:00 a.m.; July 10

 

Senate Appropriations Committee markup of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2025; Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2025; and Legislative Branch Appropriations Act, 2025; 9:30 a.m.; July 11

 

Senate Health, Education, Labor, and Pensions Committee hearing “What Can Congress Do to End the Medical Debt Crisis in America?” 10:00 a.m.; July 11

 

Senate Special Committee on Aging hearing “Health Care Transparency: Lowering Costs and Empowering Patients;” 10:00 a.m.; July 11

 

Senate Commerce, Science, and Transportation Committee hearing to examine the need to protect American’s privacy and the AI Accelerant; 10:00 a.m.; July 11

 

Senate Homeland Security and Government Affairs hearing to examine the U.S. taxpayer funded high-risk virus research; 10:30 a.m.; July 11

 

House Ways and Means Committee field hearing “Access to Health Care in America: Unleashing Medical Innovation and Economic Prosperity;” Salt Lake City, UT; 10:00 a.m.; July 12

 

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

 

Recently Introduced Health Legislation

H.Res.1330-Supporting the goals and ideals of Alzheimer’s and Brain Awareness Month; Sponsor: Barragan, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce

 

H.R.8881-To amend title 38, United States Code, to permanently authorize the performance of Department of Veterans Affairs disability examinations by non-Department physicians pursuant to contracts, and for other purposes. Sponsor: Ciscomani, Juan [Rep.-R-AZ-6]; Committees: House-Veterans’ Affairs

 

H.R.8882-To amend the Internal Revenue Code of 1986 to treat amounts paid for private umbilical cord blood, or umbilical cord tissue, banking services as medical care expenses; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House – Ways and Means

 

H.R.8889-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 Accountability; Rules

 

H.R.8901-To amend the Public Health Service Act to provide for the designation of institutions of higher education as Centers of Excellence in Cannabis Research, and for other purposes; Sponsor: Peters, Scott H. [Rep.-D-CA-50]; Committees: House-Energy and Commerce; Judiciary

 

H.R.8905-To direct the Secretary of Health and Human Services to conduct a study and submit to Congress a report on neonatal abstinence syndrome, and for other purposes; Sponsor: McMorris Rodgers, Cathy [Rep.-R-WA-5]; Committees: House-Energy and Commerce

 

H.J.Res.181-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to “Definition of ‘Employer’-Association Health Plans”; Sponsor: Walberg, Tim [Rep.-R-MI-5]; Committees: House-Education and the Workforce

Supreme Court Overturns Chevron Doctrine-The Supreme Court struck down the four-decade old legal precedent known as the Chevron deference in a 6-3 ruling along ideological lines on Friday. The decision, which comes in response to litigation concerning fishing industry regulation, strips federal agencies of their ability to interpret ambiguous laws passed by Congress. Under the Chevron deference doctrine, judges would defer to regulators when congressional intent was ambiguous. Writing in the majority opinion, Chief Justice John Roberts states that courts may no longer “defer to an agency interpretation of the law simply because a statute is ambiguous.” Roberts argued that Chevron cannot be reconciled with the Administrative Procedure Act, which governs judicial review of agency actions. In her dissent, Justice Elena Kagan contends that the ruling will “flip the script,” so that courts, rather than federal agencies “will wield power when Congress has left an area of interpretive discretion.” However, the opinion makes clear that the Chevron doctrine was directed at questions of law and statute, but that the Administrative Procedure Act directs that courts provide deference to agencies in matters of policymaking and factfinding.

 

The Chevron decision will have significant implications for both federal agencies and the role of the court system in future federal regulations. While the high court stated that past decisions relying on the Chevron doctrine will remain intact, experts expect a wide range of recent regulations will now be challenged now that the Chevron doctrine is no longer in place, including but not limited to environmental regulations, like those related to auto pollution limits and power plant emissions, as well as regulations related to net neutrality, non-compete agreements, online privacy, and independent contractor status.

 

The Supreme Court ruling is also expected to result in a significant increase in litigation challenging health care related regulations. Because the Affordable Care Act’s (ACA) preventive health coverage requirements do not spell out specific services, and the Inflation Reduction Act’s Medicare drug price negotiations program does not specify certain processes, both may be prominent targets for litigation. Experts have also called into question the vulnerability of the National Institutes of Health’s (NIH) clinical trial regulations.

 

Justice Kagan’s dissent specifically warns of the impact this decision will have on federal agencies dealing with complex scientific questions, writing “When does an alpha amino acid polymer qualify as a ‘protein’? I don’t know many judges who would feel confident resolving that issue…But the FDA likely has scores of scientists on staff who can think intelligently about it, maybe collaborate with each other on its finer points, and arrive at a sensible answer.” While the Food and Drug Administration’s (FDA) authority over individual product approval decisions is based in statute-and thus will not be impacted by the high court’s Chevron decision-experts have warned that the agency’s overall decision-making process could slow, increasing the time it takes to bring new drugs and medical devices to market. The FDA’s recent laboratory-developed test regulation, along with its breakthrough device designation, have both been identified as rules that could be particularly vulnerable to legal challenge. On the whole, all agencies across federal government must now devote more time and resources to support the legal standing of any regulatory decisions being made.

 

The decision is also likely to have a significant impact on legislative advocacy. The deference afforded to agencies via the Chevron doctrine was only applicable when Congressional intent was not clear and “the statute is silent or ambiguous with respect to the specific issue.” The ruling now places greater emphasis on both more precise text as well as more express delegations of agency authority where Constitutionally permissible.

 

Appropriations Update-Appropriators in the House of Representatives advanced their fiscal year (FY) 2025 Labor-Health and Human Services spending bill out of subcommittee last week. The $185.8 billion measure amounts to an 11% cut to currently enacted funding levels. The bill includes $8.5 billion for the U.S. Department of Health and Human Services (HHS), a 7% cut. The Centers for Disease Control and Prevention would receive $1.7 billion, a 22% decrease. While funding for the NIH would remain flat at $48 billion, the bill proposes to restructure the research agency, reducing the number of centers from 27 to 15 while increasing congressional oversight of NIH operations. The bill includes anti-abortion measures like the Hyde Amendment, as well as a prohibition on funding for the Title X family planning program and gender affirming care. It also contains provisions to defund climate change, sex education, and gun violence programs. Full committee markup of the bill is scheduled for July 10, with Ranking Member Rosa DeLauro (D-Conn.) stating that Democrats will “accept nothing less” than a 1% increase in spending. A summary of the bill is availablehere. Bill text is availablehere.

 

The House Appropriations Committee also advanced the FY2025 Interior, Environment, and Related Agencies bill out of subcommittee. The spending measure totals $38.5 billion, $72 million below currently enacted levels, and includes significant cuts to the Environmental Protection Agency’s budget. It would also bar funding for several Biden administration climate change and environmental justice initiatives. The FY2025 Commerce-Justice-Science spending bill and Energy and Water Development spending bill were also advanced out of subcommittee.

 

The full House passed its FY2025 State, Foreign Operations, and Related Programs appropriations bill (H.R. 8771) on Friday in a 212-200 vote. The bill reduces funding for the State Department and the U.S. Agency for International Development by 11%. The legislation would eliminate funding for the World Health Organization and other United Nations’ entities. It also includes a provision barring funding for any global health organizations that promote or perform abortions, even if they use outside resources for such activities. The House also passed its FY2025 funding bill for the Department of Homeland Security (H.R.8752) and the Department of Defense (H.R.8774) last week.

 

Despite the absence of a bipartisan agreement on topline spending levels, Senate Appropriations Chair Patty Murray (D-Wash.) has confirmed that her panel will begin moving ahead with their spending bills after the Fourth of July recess. Republican leadership in the House aim to pass all 12 annual appropriations bills on the House floor before the August recess. Lawmakers have until September 30 to fund the federal government, with senators seeking a slight increase in nondefense funding, while House Republicans are pushing for a 6% cut in spending. House Appropriations Chairman Tom Cole (R-Okla.) has indicated that a continuing resolution will likely be necessary to keep the government open beyond the end of the fiscal year.

 

Ways and Means Advances Four Health Bills-The House Ways and Means Committee favorably reported four health care related bills to the full House of Representatives last week.

• R.2407,Nancy Gardner Sewell Medicare Multi-Cancer Early Detection Screening Coverage Act, was advanced 38-0.
• R.8816,American Medical Innovation and Investment Act, was advanced 40-0.
• R.1691,Ensuring Patient Access to Critical Breakthrough Products Act, was advanced 36-5. The Democrats voting in opposition to the bill raised concerns about device safety and restricting the Centers for Medicare and Medicaid Services’ authority to set coverage guardrails.
• R.4818,Treat and Reduce Obesity Act, was advanced 36-4. The Democrats who voted no expressed their disappointment in the limited scope of the legislation, which had been scaled back in an effort to lower the cost of the measure.

 

E&C Cancels Markup of Health Legislation –The House Energy and Commerce Committee canceled its scheduled markup last week. The panel had planned to consider 11 bills, including four health care related measures: H.R.7188, Shandra Eisenga Human Cell and Tissue Product Safety Act; H.R.3433, Give Kids a Chance Act of 2024; H.R.670, Think Differently Database Act; and H.R.7623, Telehealth Modernization Act of 2024. Committee leadership scrapped the markup after House Republican leadership expressed opposition to H.R.8818, American Privacy Rights Act of 2024. The data privacy legislation is considered a career legacy effort for retiring Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.), who is retiring from Congress at the end of the year.

 

Lawmakers Urge Oversight of AI in Medicare Advantage-A bicameral group of lawmakers led by Sen. Elizabeth Warren (D-Mass.) and Reps. Judy Chu (D-Calif.) and Jerrold Nadler (D-N.Y.) are calling on the Centers for Medicare and Medicaid Services (CMS) to reign in the use of AI for prior authorization and coverage decisions by Medicare Advantage (MA) plans. The letter, also signed by 48 House and Senate Democrats and Senator Mike Braun (R-Ind.), highlights the need for more detailed guidance to protect access to care for Medicare beneficiaries and improve clarity for providers. The lawmakers specifically recommend that CMS:

• Clarify the specific elements that must be contained in denial notices.
• Establish an approval process to review AI and algorithmic tools and their inputs to ensure the integrity of their use and conduct a review of algorithm and AI tools currently being used.
• Prohibit the use of AI/algorithmic tools and software from use in coverage denials until a systematic review of their use can be completed.
• Clarify how CMS distinguishes between uses of algorithms or software that account for individual circumstances and those that do not, specify what criteria, methods, or data will be used to determine this distinction, and clarify how this requirement will be enforced and communicated to plans.
• Clarify when MA organizations are able to use internal coverage criteria when making medical necessity determinations for basic Medicare benefits.
• Impose a minimum time period during which MA plans cannot issue a termination notice after their prior termination decision has been reversed by a Medicare contractor.

 

BIOSECURE Receives Favorable CBO Score-The Congressional Budget Office (CBO) has released its score of the BIOSECURE Act (H.R.8333), finding that the legislation would not have a significant impact on federal spending. The legislation would prohibit Chinese biotechnology companies of concern from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. Both the House and Senate versions of the bill were advanced out of committee earlier this year.

 

Analysts Score Impact of Making Permanent Enhanced Affordable Care Act Tax Credits-CBO and the Joint Committee on Taxation (JCT) estimate that making permanent expanded tax credits under the ACA would increase the federal budget deficit by $336 billion over the next decade, and result in the coverage of nearly seven million additional individuals through ACA marketplace plans during the same time period. According to CBO and the JCT, such a change would also result in a 3.5 million-person decrease in employer-based coverage. The analysis was requested by Republicans on the House Budget and Ways and Means committees who oppose the Biden administration’s proposal to make permanent the enhanced refundable premium tax credits to purchase health insurance through the ACA marketplaces, which are currently set to expire at the end of 2025. In their letter to lawmakers, the analysts also estimate that a recent CMS regulation from making Deferred Action for Childhood Arrivals recipients eligible for the ACA marketplace will increase the deficit by $7 billion over the next decade.

 

CMS Issues Proposed Rule on Suspect Billing Activity and ACO Reconciliation-The Biden administration is proposing a new regulation to shield health care providers from the impact of suspicious Medicare billing activity. The rule follows a major increase in spending on urinary catheters last year. The HHS Office of the Inspector General has reported on a fraud scheme involving scammers contacting Medicare enrollees, offering free services, and using the individual’s enrollment information to bill the Medicare program for catheters. The proposed rule from CMS would exclude payments for two urinary catheter codes from the calculation of accountable care organizations’ (ACO) 2023 financial performance.

 

Supreme Court Allows Emergency Abortions in Idaho, For Now-The Supreme Court has dismissed a pair of abortion related cases, Moyle v. United States and Idaho v. United States, as “improvidently”- or mistakenly granted, without ruling on the merits of the dispute. The move reinstates the August 2022 district court preliminary injunction of an Idaho law that called into question physicians’ ability to provide stabilizing care, including abortion, in an emergency setting. Idaho’s law banned abortion except in cases to save the life of a pregnant woman. The federal Emergency Medical Treatment and Labor Act (EMTALA) requires treatment to stabilize patients with emergency medical conditions. The district court concluded that, under the Constitution, EMTALA preempts state law. The Supreme Court’s dismissal of Idaho’s challenge does not answer questions about whether doctors can provide emergency abortions elsewhere in the nation.

 

Durbin Recovering Hip Replacement Surgery-Sen. Dick Durbin (D-Ill.), 79, underwent hip replacement surgery on Thursday and will remain in his home state until cleared by his physician to return to Capitol Hill.  Durbin was first elected to the Senate in 1996. He was reelected to a fifth term in 2020, and currently serves as chairman of the Senate Judiciary Committee.

 

Congressional Retirements and Resignations-Rep. Jamaal Bowman (D-N.Y.) lost the Democratic primary for New York’s 16^th congressional district last week. Bowman, who currently sits on the Education and Workforce and Science, Space, and Technology committees, was first elected to Congress in 2020 and is a member of the progressive group of Democrats known as “the squad.” His more centrist challenger was George Latimer, a Westchester County Executive.

 

A running list of members of Congress who are retiring or seeking other office can be found below.

SENATE
Stabenow (D), MI	Braun (R), IN
Cardin (D), MD	Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
HOUSE OF REPRESENTATIVES
Porter (D), CA	Mooney (R), WV
Lee (D), CA	Banks (R), IN
Gallego (D), AZ	Bishop (R), NC
Schiff (D), CA	Lesko (R), AZ
Slotkin (D), MI	Granger (R), TX
Allred (D), TX	Buck (R), CO (effective March 22, 2024)
Trone (D), MD	Burgess, MD (R), TX
Blunt Rochester (D), DE	Wenstrup, DPM (R), OH
Napolitano (D), CA	McHenry (R), NC
Wexton (D), VA	Johnson (R), OH (effective Jan. 21, 2024)
Kim, Andy (D), NJ	Ferguson, IV, DMD, PC (R), GA
Jackson, Jeff (D), NC	Curtis (R), UT
Sarbanes (D), MD	Luetkemeyer (R), MO
Blumenauer (D), OR	Lamborn (R), CO
Kilmer (D), WA	Bucshon, MD (R), IN
Spanberger (D), VA	Pence (R), IN
Kildee (D), MI	Duncan (R), SC
Phillips (D), MN	Armstrong (R), ND
Cardenas (D), CA	McMorris Rodgers (R), WA
Eshoo (D), CA	Gallagher (R), WI (effective April 19, 2024)
Manning (D), NC	LaTurner (R), KS
Nickel (D), NC	Graves (R), LA
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

Upcoming Congressional Hearings and Markups

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

 

Recently Introduced Health Legislation

H.R.8798-To amend subpart 2 of part B of the Social Security Act to promote community-based prevention services, and for other purposes; Sponsor: Carey, Mike [Rep.-R-OH-15]; Committees: House-Ways and Means

 

H.R.8801-To amend the Public Health Service Act to provide more opportunities for mothers to succeed, and for other purposes; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.8806-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.8816-To amend title XVIII of the Social Security Act to provide for a cognitive impairment detection benefit under the Medicare program, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8817-To improve data collection and reporting for youth in residential treatment programs; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House-Ways and Means

 

H.R.8818-To provide Americans with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement, and for other purposes; Sponsor: McMorris Rodgers, Cathy [Rep.-R-WA-5]; Committees: House-Energy and Commerce

 

H.R.8819-To amend the Internal Revenue Code of 1986 to provide for a credit against tax, or refund of tax, for certain Federal insurance taxes for employees who are members of religious faiths which oppose participation in such insurance; Sponsor: Balderson, Troy [Rep.-R-OH-12]; Committees: House-Ways and Means

 

H.R.8820-To amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for long-term care insurance premiums and to reduce certain tax credits; Sponsor: Burlison, Eric [Rep.-R-MO-7]; Committees: House-Ways and Means

 

H.R.8821-To ensure coverage for the treatment of infertility for certain conditions; Sponsor: Chavez-DeRemer, Lori [Rep.-R-OR-5]; Committees: House-Education and the Workforce

 

H.R.8832-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.8834-To establish a Supply Chain Fraud and Theft Task Force; Sponsor: Valadao, David G. [Rep.-R-CA-22]; Committees: House-Judiciary

 

H.R.8839-To require the Secretary of Health and Human Services to issue guidance to States on best practices for screening and treatment of congenital syphilis under Medicaid and the Children’s Health Insurance Program; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.R.8848-To amend the Federal Food, Drug, and Cosmetic Act to allow for the importation of affordable and safe drugs by wholesale distributors, pharmacies, and individuals; Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House-Energy and Commerce

 

H.R.8849-To amend title XVIII of the Social Security Act to improve the national and local coverage determination processes under the Medicare program; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House-Ways and Means; Energy and Commerce

 

H.Res.1325-Supporting the designation of the month of June 2024, as “National Men’s Health Month”; Sponsor: Carter, Troy A. [Rep.-D-LA-2]; Committees: House-Oversight and Accountability

 

H.R.8857-To amend the Public Health Service Act to prohibit discrimination against health care entities that do not participate in abortion, and to strengthen implementation and enforcement of Federal conscience laws; Sponsor: Banks, Jim [Rep.-R-IN-3]; Committees: House-Energy and Commerce

 

H.R.8860-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.8861-To amend the Federal Food, Drug, and Cosmetic Act to extend the destruction authority of the Secretary of Health and Human Services to articles that present a significant public health concern, and for other purposes; Sponsor: Higgins, Clay [Rep.-R-LA-3]; Committees: House-Energy and Commerce

 

H.R.8869-To amend title XIX of the Social Security Act to require, as a condition of receiving Federal Medicaid funding, that States do not prohibit in vitro fertilization (IVF) services, and for other purposes; Sponsor: Perry, Scott [Rep.-R-PA-10]; Committees: House-Energy and Commerce