Leadership Announces Bipartisan Agreement on Overall Funding Levels Ahead of First Shutdown Deadline
Lawmakers return to session this week after congressional leadership on Sunday announced bipartisan agreement on topline spending amounts which provide a path to avoid a January 20 partial government shutdown. House Speaker Mike Johnson (R-La.) communicated the development in a Dear Colleague letter stating “The topline constitutes $1.590 trillion for FY24 – the statutory levels of the Fiscal Responsibility Act. That includes $886 billion for defense and $704 billion for nondefense.” Senate Majority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.) released a joint statement on the agreement stating that “The bipartisan topline appropriations agreement clears the way for Congress to act over the next few weeks in order to maintain important funding priorities for the American people and avoid a government shutdown.” Office of Management and Budget Director Shalanda Young characterized the work to pass funding for the Departments of Agriculture, Veterans Affairs, Energy, Agriculture-Food and Drug Administration, Transportation, and Housing and Urban Development ahead of the first government funding deadline on January 20 as “daunting,” with House Speaker Mike Johnson (R-La.) standing by his pledge to not pass another continuing resolution. No decisions have been reached regarding which health care related riders could be attached to the January spending vehicle. A Medicaid disproportionate share hospital cut delay and funding for several programs, including the community health center program, face a January 19 expiration. Other potential policy riders include a partial Medicare physician reimbursement fix, health transparency legislation, pharmacy benefit manager reforms, and site neutrality proposals. Congress has until February 2 to pass the Labor-Health and Human Services funding legislation and the other remaining annual appropriations bills.
Senators Comment on Co-pay Assistance Lawsuit
A bipartisan group of 19 senators led by Tim Kaine (D-Va.) and Roger Marshall (R-Kan.) are urging the Biden administration to drop its appeal of a court decision that struck down a regulation allowing insurers to avoid counting manufacturer co-pay assistance toward patients’ maximum out-of-pocket costs and deductibles. Patient advocacy groups, who brought the lawsuit against the U.S. Department of Health and Human Services (HHS), argued that the rule contradicts the statutory definition of cost sharing and would result in increased costs for patients. The lawmakers characterize the court decision as “an important step in the right direction for low-income and other eligible patients who rely on manufacturer and nonprofit copay assistance programs to alleviate affordability and access challenges for their medicines.” The letter also expresses support for the Help Ensure Lower Patient Copays Act (S. 1375/H.R. 830) that would prohibit the use of copay accumulators.
E&C GOP Launches Probe into Internal Scientific Disagreements at FDA
Republicans on the House Energy and Commerce Committee are investigating the handling of internal scientific disagreements related to regulatory decisions at the Food and Drug Administration (FDA). The lawmakers specifically cite the events surrounding the departure of several agency vaccine regulators following updated coronavirus vaccine recommendations in August 2021. Their letter seeks information on the adequacy of the FDA’s existing policies for handling scientific disagreements, and whether FDA leadership has taken retaliatory actions against dissenting FDA officials. It requests a written response from the agency by January 24.
FDA Approves FL Request to Import Drugs from Canada
The FDA has approved a plan from the state of Florida to allow the importation of prescription drugs from Canada. Before drug importation can commence, the state will first need to submit specific medications for FDA review and approval and ensure the products have been tested for authenticity and safety. In its letter authorizing the proposal, the agency stated that Florida has demonstrated that its plan “will significantly reduce the cost of covered products to the American consumer without posing additional risk to the public’s health and safety.” The agency has already denied a citizen petition from PhRMA to block the importation plan. Other states, including Colorado and New Hampshire, along with American Indian tribes have expressed interest in submitting similar applications to the FDA.
Congressional Retirements and Resignations
Reps. Doug Lamborn (R-Colo.) and Blaine Luetkemeyer (R-Mo.) each announced last week that they will not be seeking reelection this year. Lamborn has served in Congress since 2006 and is a member of the Armed Services and Natural Resources committees. Luetkemeyer was first elected to the House in 2008. He currently serves on the Financial Services and Small Business committees.
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
Feinstein (D), CA
Manchin (D), WV
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Spartz (R), IN
Schiff (D), CA Bishop (R), NC
Slotkin (D), MI Lesko (R), AZ
Allred (D), TX Granger (R), TX
Trone (D), MD Buck (R), CO
Blunt Rochester (D), DE Burgess (R), TX
Napolitano (D), CA Santos (R), NY (effective Dec. 1, 2023)
Wexton (D), VA Wenstrup (R), OH
Kim, Andy (D), NJ McHenry (R), NC
Jackson, Jeff (D), NC McCarthy (R), CA (effective Dec. 31, 2023)
Sarbanes (D), MD Johnson, Bill (R), OH (effective Jan. 21, 2023)
Blumenauer (D), OR Ferguson (R), GA
Kilmer (D), WA Curtis (R), UT
Spanberger (D), VA Luetkemeyer (R), MO
Kildee (D), MI Lamborn (R), CO
Jackson Lee (D), TX
Phillips (D), MN
Cardenas (D), CA
Eshoo (D), CA
Manning (D), NC
Higgins (D), NY (effective Feb. 2, 2024)
Nickel (D), NC
Upcoming Congressional Hearings and Markups
Senate Homeland Security and Governmental Affairs hearing “Harnessing AI to Improve Government Services and Customer Experience;” 10:00 a.m.; January 10
House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions hearing “Lowering Costs and Increasing Access to Health Care with Employer-Driven Innovation;” 10:15 a.m.; January 11
House Veterans’ Affairs Committee oversight hearing “Rural Access: Is VA Meeting All Veterans Where They Live?;” immediately following committee business meeting; 10:15 a.m.; January 11