Before leaving for a two week recess, the House of Representatives passed the CHOICE Arrangement Act (H.R. 3799) by a 220-209 party-line vote. The bill would codify two Trump-era regulations intended to lower the cost of employer- sponsored health insurance. The first would allow companies to offer association health plans, and the second would allow employers to provide tax-free contributions through individual coverage health reimbursement arrangements (ICHRAs) to help employees pay for health coverage in the individual market. Democrats have argued that these policies can be used by employers to discriminate against certain classes of employees. The Congressional Budget Office (CBO) estimates that the bill would add $348 million to the federal deficit over the next decade. The bill is unlikely to be taken up by the Democratic- controlled Senate. The House and Senate will return to session the week of July 10th.

Senate Appropriators Adopt 302(b) Allocations, Two FY24 Spending Bills

Senate appropriators have adopted the top-line spending levels agreed to in this year’s bipartisan debt limit deal. The Senate Appropriations Committee agreed to the subcommittee allocations for fiscal year (FY) 2024’s twelve annual appropriations bills by a 15-13 party line vote. The figures represent a $12.2 billion cut compared to FY 2023 levels, but are consistent with the debt limit agreement signed into law earlier this month. Committee Chair Patty Murray (D-Wash.), however, has stated plans to redirect unspent funds and use emergency spending to increase total spending levels. Republicans objected to the topline figures, stating that they were not consulted in the drafting of the allocations. Their Republican counterparts in the House of Representatives have opted to adopt spending levels below the ceiling agreed to in the most recent debt limit negotiations.

Senate appropriators also advanced the Agriculture- Rural Development-Food and Drug Administration (FDA) and Military Construction-Veterans Affairs (VA) appropriations bills in two 28-0 votes last week. The Agriculture-FDA bill includes $26 billion in discretionary spending, a $513 million increase in budget authority over current levels. The FDA would see a $20 million increase. The Military Construction-VA bill includes $135.3 billion in nondefense discretionary spending, a slight increase over FY 2023. VA medical care would see a $2.3 billion increase for a total of $121 billion.

EPW Leadership Requests Comments on PFAS Discussion Draft

Leadership of the Senate Enviornment and Public Works (EPW) Committee has released a bipartisan draft bill on per- and polyfluoroalkyl substances (PFAS). The legislation seeks to improve the mitigation and remediation of PFAS contamination. The legal definition of PFAS included in the bill would exclude many types of the chemicals used by the medical device industry. The panel is requesting stakeholder comments on the draft by July 3, 2023.

RSC Releases FY2024 Budget, Includes Medicare Reforms

The Republican Study Committee (RSC) released its fiscal year 2024 budget last week. The proposal, titled “Protecting America’s Economic Security,” balances the budget in seven years, cuts spending by $16.3 trillion over the next decade, and reduces taxes by $5.1 trillion over 10 years. The budget is comprised of over 220 individual bills and initiatives from RSC members, including a Medicare premium support plan that would implement a model whereby the program’s trust funds would be merged into a single fund that would pay premium subsidies to Medicare beneficiaries. The RSC budget asserts that this type of model could reduce premiums overall by 7%.

Blunt Rochester Officially Enters DE Senate Race

As expected, Rep. Lisa Blunt Rochester (D-Del.) has filed the paperwork necessary to launch a 2024 Senate campaign. Sen. Tom Carper (D-Del.) announced earlier this year that he would not seek reelection and endorsed Blunt Rochester to succeed him. If elected, she would be the first woman and first person of color to serve the state of Delaware in the Senate.

Employers Endorse Legislation to Address “Dishonest Billing”

The ERISA Industry Committee has spearheaded a letter to members of Congress signed by other business stakeholders endorsing the Facilitating Accountability in Reimbursement (FAIR) Act (H.R. 3417), and the Site-based Invoicing and Transparency Enhancement (SITE) Act (S.1869). The letter argues that the bills will help address the problem of dishonest billing, or when hospitals “secretly reclassify a doctor’s office they own as a hospital setting in order to charge more money.” The employers argue that these practices contribute to consolidation and higher prices across the health care industry. The FAIR Act, introduced by Reps. Kevin Hern (R-Okla.) and Annie Kuster (D-N.H.), aims to harmonize billing practices by ensuring all off-campus outpatient departments have separate national provider identification (NPI) numbers. It would also direct the Centers for Medicare and Medicaid Services to prioritize auditing facilities recently converted to off campus hospital outpatient departments to ensure they are meeting remote location of a hospital facility requirements. The SITE Act, introduced by Sens. Mike Braun (R-Ind.) and Maggie Hassan (D-N.H.), would end the 2015 Bipartisan Budget Act’s site-neutral exceptions, and prevent off-campus emergency departments from charging higher rates than on-campus emergency departments when standalone emergency facilities are near a hospital campus. It would also require health systems to establish and bill using a unique NPI for every off-campus outpatient department.

Upcoming Congressional Hearings and Markups

House Small Business Subcommittee on Oversight, Investigations, and Regulations hearing “Burdensome Red Tape: Overregulation in Health Care and the Impact on Small Businesses;” 10:00 a.m.; July 19

Recently Introduced Health Legislation

H.R.4202 – To amend title 18, United States Code, to expand to all firearms the requirement that Federal firearms licensees report sales of 2 or more handguns to the same unlicensed person within 5 consecutive business days. Sponsor: Torres, Norma J. [Rep.-D-CA-35]; Committees: House – Judiciary

H.R.4201 – To amend title 18, United States Code, to require a gun lock to be provided to every firearm purchaser. Sponsor: Tlaib, Rashida [Rep.-D-MI-12]; Committees: House – Judiciary

H.R.4195 – 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 allow parental choice in the selection of primary health insurance coverage or primary coverage under a group health plan for certain dependent children. Sponsor: Davids, Sharice [Rep.-D-KS-3]; Committees: House – Energy and Commerce; Ways and Means; Education and the Workforce

H.Res.522 – Recognizing the role of father engagement in improving overall health outcomes during pregnancy, birth, and postpartum, for both the mother and baby. Sponsor: Veasey, Marc A. [Rep.-D-TX-33]; Committees: House – Energy and Commerce

S.2044 – A bill to require the Secretary of Health and Human Services to establish reference prices for prescription drugs for purposes of Federal health programs, and for other purposes; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate – Health, Education, Labor, and Pensions

S.2052 – A bill to amend title XVIII of the Social Security Act to enforce any willing pharmacy requirements and establish safeguards to ensure patient access to pharmacies in Medicare part D, and for other purposes; Sponsor: Tester, Jon [Sen.-D- MT]; Committees: Senate – Finance

S.2059 – A bill to impose sanctions with respect to pharmaceutical companies of the People’s Republic of China and certain cartels that traffic fentanyl into the United States, and for other purposes; Sponsor: Menendez, Robert [Sen.-D-NJ]; Committees: Senate – Banking, Housing, and Urban Affairs

H.R.4215 – To require the Secretary of Health and Human Services to establish reference prices for prescription drugs for purposes of Federal health programs, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce; Ways and Means; Armed Services; Veterans’ Affairs; Oversight and Accountability; Natural Resources

H.R.4223 – To establish an artificial intelligence commission, and for other purposes; Sponsor: Lieu, Ted [Rep.-D-CA-36]; Committees: House – Science, Space, and Technology

S.Res.264 – A resolution designating June 2023 as “National Post-Traumatic Stress Awareness Month” and June 27, 2023, 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.2070 – A bill to prohibit the Secretary of Veterans Affairs from replacing physician anesthesiologists with certified registered nurse anesthetists under the health care system of the Department of Veterans Affairs, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate – Veterans’ Affairs

S.2078 – A bill to direct the Secretary of Veterans Affairs to take actions necessary to ensure that certain individuals may update the burn pit registry with the cause of death of a registered individual, and for other purposes; Sponsor: Welch, Peter [Sen.-D-VT]; Committees: Senate – Veterans’ Affairs

POLICY BRIEFINGS
Recently Introduced Health Legislation Contd.

S.2079 – A bill to amend the Federal Food, Drug, and Cosmetic Act to require the label of a drug intended for human use to identify each ingredient in such drug that is, or is derived directly or indirectly from, a major food allergen or a gluten-containing grain, and for other purposes; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Health, Education, Labor, and Pensions

S.2080 – A bill to reauthorize and improve the pilot program to support State medical stockpiles, to ensure that State, local, Tribal, and territorial public health departments or officials are consulted by the Public Health Emergency Medical Countermeasures Enterprise, and for other purposes; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate – Health, Education, Labor, and Pensions

S.2081 – A bill to amend section 485 of the Higher Education Act of 1965 to require venue-specific heat illness emergency action plans for any institution of higher education that is a member of an athletic association or athletic conference, and for other purposes; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Committees: Senate – Health, Education, Labor, and Pensions

S.2084 – A bill to direct the Secretary of Defense to establish an outreach program to inform members of the Armed Forces assigned to work near burn pits of the risks of toxic exposure, and for other purposes; Sponsor: Welch, Peter [Sen.- D-VT]; Committees: Senate – Armed Services

S.2085 – A bill to amend title XVIII of the Social Security Act to provide for Medicare coverage of multi-cancer early detection screening tests; Sponsor: Crapo, Mike [Sen.-R-ID]; Committees: Senate – Finance

S.2093 – A bill to establish a program at BARDA for developing medical countermeasures for viral threats with pandemic potential; Sponsor: Baldwin, Tammy [Sen.-D-WI]; Committees: Senate – Health, Education, Labor, and Pensions

S.2101 – A bill to provide for an earlier effective date for the requirement of Senate confirmation of the Director of the Centers for Disease Control and Prevention; Sponsor: Cruz, Ted [Sen.-R-TX]; Committees: Senate – Health, Education, Labor, and Pensions

H.Res.530 – Expressing support for the designation of June 21, 2023, as National ASK (Asking Saves Kids) Day to promote children’s health and safe storage of guns in the home; Sponsor: Crow, Jason [Rep.-D-CO-6]; Committees: House – Energy and Commerce

H.R.4240 – To require that opioid overdose rescue kits be located at public elementary and secondary schools, and for other purposes; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Education and the Workforce; Energy and Commerce

H.R.4242 – To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to issue guidance on considerations for conducting clinical trials for psychedelic assisted therapy; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

H.R.4249 – To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which the veterans and dependents were exposed to perfluorooctanoic acid or other per- and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which the veterans were exposed to such substances, and for other purposes; Sponsor: Kildee, Daniel T. [Rep.-D-MI-8]; Committees: House – Veterans’ Affairs

H.R.4256 – To amend section 485 of the Higher Education Act of 1965 to require venue-specific heat illness emergency action plans for any institution of higher education that is a member of an athletic association or athletic conference, and for other purposes; Sponsor: Mfume, Kweisi [Rep.-D-MD-7]; Committees: House – Education and the Workforce

H.R.4261 – To amend titles XVIII and XIX of the Social Security Act to provide for coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries under the Medicare and Medicaid programs without the imposition of cost-sharing requirements, and for other purposes; Sponsor: Payne, Donald M., Jr. [Rep.-D-NJ-10]; Committees: House – Energy and Commerce; Ways and Means

H.R.4262 – To direct the Secretary of Veterans Affairs to provide for the online administration of the Civilian Health and Medical Program of the Department of Veterans Affairs, and for other purposes; Sponsor: Peters, Scott H. [Rep.-D-CA-50]; Committees: House – Veterans’ Affairs

H.R.4263 – To amend the Federal Food, Drug, and Cosmetic Act to require the label of a drug intended for human use to identify each ingredient in such drug that is, or is derived directly or indirectly from, a major food allergen or a gluten- containing grain, and for other purposes; Sponsor: Phillips, Dean [Rep.-D-MN-3]; Committees: House – Energy and Commerce

H.R.4269 – To direct the Secretary of Labor to conduct a study on the effectiveness of spending by the Occupational Safety and Health Administration to provide technical assistance and compliance assistance in relation to heat-related illness; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House – Education and the Workforce

S.Res.270 – A resolution designating July 15, 2023, as “National Leiomyosarcoma Awareness Day”; Sponsor: Stabenow, Debbie [Sen.-D-MI]; Committees: Senate – Judiciary

S.Res.271 – A resolution designating June 15, 2023, as “World Elder Abuse Awareness Day” and the month of June as “Elder Abuse Awareness Month”; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Judiciary

S.Res.276 – A resolution expressing opposition to the use of State power against people in the United States seeking essential health care, including criminalization of the full range of sexual and reproductive health care such as abortion, gender-affirming care, and contraceptive care, and disapproving of State punishment of people for their pregnancy outcomes; Sponsor: Duckworth, Tammy [Sen.-D-IL]; Committees: Senate – Health, Education, Labor, and Pensions

S.Res.283 – A resolution recognizing June 28, 2023, as the 125th anniversary of the American Association of Colleges of Osteopathic Medicine and commending the work of the association to improve the health of the people of the United States; Sponsor: Risch, James E. [Sen.-R-ID]; Committees: Senate – Health, Education, Labor, and Pensions

S.2107 – A bill to allow grantees under the HIV Health Care Services Program to allocate a portion of such funding for services to individuals at risk of acquiring HIV; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Health, Education, Labor, and Pensions

S.2112 – A bill to make the Care Compare internet website and its data more accessible by individuals using search engines; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate – Finance

S.2115 – A bill to authorize the President to enter into trade agreements for the reciprocal elimination of duties or other import restrictions with respect to medical goods to contribute to the national security and public health of the United States, and for other purposes; Sponsor: Carper, Thomas R. [Sen.-D-DE]; Committees: Senate – Finance

S.2117 – A bill to allow participants in the National Health Service Corps to defer their obligated service in order to receive training in palliative care services; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Health, Education, Labor, and Pensions

S.2118 – A bill to clarify the inability of the President to declare national emergencies under the National Emergencies Act, major disasters or emergencies under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and public health emergencies under the Public Health Service Act on the premise of climate change, and for other purposes; Sponsor: Capito, Shelley Moore [Sen.-R-WV]; Committees: Senate – Environment and Public Works

S.2119 – A bill to reauthorize the Firefighter Cancer Registry Act of 2018; Sponsor: Menendez, Robert [Sen.-D-NJ]; Committees: Senate – Health, Education, Labor, and Pensions

S.2128 – A bill to amend title XIX of the Social Security Act to increase Federal Medicaid funding for States that provide intensive community-based services for adults with serious mental illness, and for other purposes; Sponsor: Gillibrand, Kirsten E. [Sen.-D-NY]; Committees: Senate – Finance

S.2129 – A bill to amend title XVIII of the Social Security Act to require PDP sponsors of a prescription drug plan and Medicare Advantage organizations offering an MA-PD plan under part D of the Medicare program that use a formulary to include certain drugs and biosimilar biological products on such formulary, and for other purposes; Sponsor: Lankford, James [Sen.-R-OK]; Committees: Senate – Finance

S.2131 – An original bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2024, and for other purposes; Sponsor: Heinrich, Martin [Sen.- D-NM]; Committees: Senate – Appropriations

S.2133 – A bill to amend title XVIII of the Social Security Act to establish a Medically Tailored Home-Delivered Meals Demonstration Program to test a payment and service delivery model under part A of Medicare to improve clinical health outcomes and reduce the rate of readmissions of certain individuals; Sponsor: Stabenow, Debbie [Sen.-D-MI]; Committees: Senate – Finance

S.2137 – A bill to amend title XVIII of the Social Security Act to ensure stability in payments to home health agencies under the Medicare program; Sponsor: Stabenow, Debbie [Sen.-D-MI]; Committees: Senate – Finance

S.2157 – A bill to repeal prescription drug price control provisions of the Inflation Reduction Act; Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate – Finance

S.2163 – A bill to direct the Secretary of Education to study student mental health at institutions of higher education and to issue guidance on compliance with the Americans with Disabilities Act of 1990 for mental health and substance use disorder policies of institutions of higher education, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

S.2164 – A bill to increase oversight and transparency with respect to Medicare billing codes; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Finance

S.2172 – A bill to amend the Internal Revenue Code of 1986 to exclude from gross income certain federally-subsidized loan repayments for dental school faculty; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Committees: Senate – Finance

S.2183 – A bill to require the Secretary of Health and Human Services to establish an exposure registry and conduct epidemiological studies to assess health outcomes associated with the Red Hill Incident; Sponsor: Schatz, Brian [Sen.-D- HI]; Committees: Senate – Armed Services

S.2186 – A bill to require the Center for Medicare and Medicaid Innovation to test allowing blood transfusions to be paid separately from the Medicare hospice all-inclusive per diem payment; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Finance

S.2188 – A bill to increase access to pre-exposure prophylaxis to reduce the transmission of HIV; Sponsor: Smith, Tina [Sen.-D-MN]; Committees: Senate – Health, Education, Labor, and Pensions

S.2191 – A bill to amend the Public Health Service Act to ensure the consensual donation and respectful disposition of human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation, and for other purposes; Sponsor: Murphy, Christopher [Sen.-D-CT]; Committees: Senate – Health, Education, Labor, and Pensions

S.2194 – A bill to remove limitations under Medicaid, Medicare, CHIP, and the Department of Veterans Affairs on benefits for persons in custody pending disposition of charges; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Finance

S.2198 – A bill to require the Comptroller General of the United States to conduct a study and submit a report on price- related compensation and payment structures in the prescription drug supply chain; Sponsor: Bennet, Michael F. [Sen.-D- CO]; Committees: Senate – Finance

S.2205 – A bill to regulate human cadaveric islets for transplantation as organs; Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate – Health, Education, Labor, and Pensions

S.2213 – A bill to address the health of cancer survivors and unmet needs that survivors face through the entire continuum of care from diagnosis through active treatment and posttreatment, in order to improve survivorship, treatment, transition to recovery and beyond, quality of life and palliative care, and long-term health outcomes, including by developing a minimum standard of care for cancer survivorship, irrespective of the type of cancer, a survivor’s background, or forthcoming survivorship needs, and for other purposes; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Finance

H.R.4272 – To provide public awareness and outreach regarding the dangers of fentanyl, to expand the grants authorized under the Comprehensive Opioid Abuse Grant Program, to expand treatment and recovery services for people with opioid addictions, and to increase and to provide enhanced penalties for certain offenses involving counterfeit pills; Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]; Committees: House – Energy and Commerce; Judiciary

H.R.4274 – To require the Secretary of Health and Human Services to improve the detection, prevention, and treatment of mental health issues among public safety officers, and for other purposes; Sponsor: Bera, Ami [Rep.-D-CA-6]; Committees: House – Energy and Commerce; Science, Space, and Technology

H.R.4275 – To amend the Public Health Service Act to ensure the consensual donation and respectful disposition of human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation, and for other purposes; Sponsor: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House – Energy and Commerce

H.R.4279 – To establish the National Commission on Critical Supply Chains, and for other purposes; Sponsor: Brown, Shontel M. [Rep.-D-OH-11]; Committees: House – Energy and Commerce

H.R.4281 – To establish the Office of Sexual and Reproductive Health and Well-Being within the Department of Health and Human Services, to generate a whole-of-government approach to protecting and affirming sexual and reproductive rights, and for other purposes; Sponsor: Bush, Cori [Rep.-D-MO-1]; Committees: House – Energy and Commerce

H.R.4286 – To amend title XIX of the Social Security Act to require coverage under State plans under the Medicaid program for annual lung cancer screening with no cost sharing for individuals for whom screening is recommended by U.S. Preventive Services Task Force guidelines, to expand coverage under Medicaid of counseling and pharmacotherapy for cessation of tobacco use, and for other purposes; Sponsor: Higgins, Brian [Rep.-D-NY-26]; Committees: House – Energy and Commerce; Ways and Means

H.R.4300 – To clarify the inability of the President to declare national emergencies under the National Emergencies Act, major disasters or emergencies under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and public health emergencies under the Public Health Service Act on the premise of climate change, and for other purposes; Sponsor: Pfluger, August [Rep.-R-TX-11]; Committees: House – Transportation and Infrastructure; Energy and Commerce

H.R.4304 – To regulate human cadaveric islets for transplantation as organs; Sponsor: Rosendale Sr., Matthew M. [Rep.-R- MT-2]; Committees: House – Energy and Commerce

H.R.4306 – To amend title 38, United States Code, to establish presumptions of service connection for diseases associated with firefighting; Sponsor: Spanberger, Abigail Davis [Rep.-D-VA-7]; Committees: House – Veterans’ Affairs

H.R.4307 – To authorize the President to enter into trade agreements for the reciprocal elimination of duties or other import restrictions with respect to medical goods to contribute to the national security and public health of the United States, and for other purposes; Sponsor: Steel, Michelle [Rep.-R-CA-45]; Committees: House – Ways and Means; Rules

After blocking floor votes on several bills in opposition to the spending caps set by the recent debt ceiling compromise negotiated by the White House and House Speaker Kevin McCarthy (R-Calif.), a small group of conservative Republicans in the House of Representatives appear to have won concessions from the Speaker to cut spending by an additional $120 billion. In defending his new agreement, McCarthy stated that the debt deal decided “a ceiling, not a floor” for spending, and that it was always his intention to pass appropriations legislation below the Fiscal Responsibility Act’s caps. The new plan would permit $1.47 trillion in discretionary spending for fiscal year (FY) 2024. The Departments of Labor, Education, and Health and Human Services would be cut by 29% under the GOP plan.

The House Appropriations Committee advanced its FY 2024 Agriculture-Rural Development-Food and Drug Administration (FDA) spending bill last week. The package, which was approved via a party-line vote, would trim 2.1% in overall spending compared to FY 2023. The bill provides $6.6 billion for the FDA, including user fee funding, less than the $7.2 billion requested by the agency in the President’s budget. It includes a provision to restrict access to the abortion medication mifepristone. The policy would nullify the FDA’s January decision to remove the in-person dispensing requirement for the drug. The legislation also includes a measure to prevent the agency from prohibiting the sale of menthol cigarettes and flavored cigars, or from limiting the amount of nicotine allowed in cigarettes. The Senate Appropriations Committee will begin consideration of the first of its FY 2024 spending bills this week, marking up the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024 and the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024 on Thursday.

 

Lawmakers Grapple with Ongoing Drug Shortages

Democrats on the House Energy and Commerce Committee are threatening to oppose a package to reauthorize the Pandemic and All-Hazards Preparedness Act (PAHPA) if provisions to address the nation’s ongoing drug shortages are not included. The reauthorization package was negotiated by Energy and Commerce Committee members Richard Hudson (R-N.C.) and Anna Eshoo (D-Calif.), but Eshoo recently stated that she has pulled her support for the bill after Republicans refused to include a measure to increase transparency in the drug supply chain. During a legislative hearing focused on the PAHPA reauthorization last week, panel Republicans argued that a narrow reauthorization would help ensure House passage of the legislation, but committed to separately work on a bipartisan basis to address the problem of drug shortages. PAHPA’s pandemic preparedness programs expire September 30.

Senate Finance Committee Ranking Member Mike Crapo (R-Idaho) and Energy and Commerce Chair Cathy McMorris Rodgers (R-Wash.) are seeking information from health care stakeholders about the emerging and persistent drug shortages currently facing the nation. The lawmakers pose a series of 14 questions to inform their examination of the drivers of medication shortages and potential policy solutions “to bolster patient access and shore up our critical drug supply chains.” Feedback should be submitted to [email protected] by July 7.

 

Sanders Releases Report on Drug Pricing, Public Investment in Medical Research

Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Bernie Sanders (I-Vt.) has released a report highlighting the costs of drugs and medical devices that received funding from the National Institutes of Health (NIH). Sanders calls on the NIH to reinstate the use of reasonable pricing clauses in the agency’s contracting requirements. These clauses would force companies to set reasonable prices when they license NIH inventions. The HELP Committee has yet to notice a date for the confirmation hearing of Monica Bertagnolli to serve as the next NIH Director. Sanders has said that he will oppose any administration health nominee who does not commit to lowering drug prices.

 

Preventive Services Mandate Restored as Legal Challenge Proceeds

The Department of Justice (DOJ) has reached an agreement with the plaintiffs challenging the Affordable Care Act’s (ACA) preventive care mandate to protect no-cost coverage of certain services while the legal case proceeds. In exchange, DOJ has pledged to not enforce the mandate for the parties challenging the law who claim that coverage of HIV prevention drugs and other preventive care services violates their religious beliefs. The employers and individuals challenging the law have asserted that because members of the U.S. Preventive Services Task Force (USPSTF) are not Senate confirmed nor overseen by Senate confirmed federal employees, their recommendations for what services must be covered by insurers at no cost to the beneficiary cannot be enforced. They have also argued that coverage of pre-exposure prophylaxis medication – PrEP – to prevent the transmission of HIV violates their religious rights. The 5th U.S. Circuit Court of Appeals signed the stipulated order partially halting the lower court’s March ruling which struck the ACA’s requirement. While a ruling in the case is expected in the coming months, an appeal to the U.S. Supreme Court is likely no matter what decision the 5th Circuit reaches.

 

MedPAC, MACPAC Release June Reports to Congress

The Medicare Payment Advisory Commission (MedPAC) is recommending that the Centers for Medicare and Medicaid Services (CMS) lower its payment rates for telehealth services. MedPAC’s annual June Report to the Congress recommends that the agency rescind fee increases initially instituted in response to the COVID-19 pandemic as early as 2024. The Commission argues that providing care via telehealth does not cost practices as much as in-person care. The report suggests that the increased use of telehealth throughout the COVID-19 public health emergency did not adversely impact the quality of care, and only slightly increased costs for the Medicare program. MedPAC recommends that CMS work with Congress to standardize telehealth payments so as not to disincentivize in-person care, and expresses support for the use of beneficiary cost-sharing to help avoid overuse of virtual services.

The latest MedPAC report also recommends that lawmakers implement changes to the Medicare Part B benefit to lower drug spending. The panel suggests capping the payment rate for Part B drugs made available via the accelerated approval pathway, and recommends that Medicare be given the authority to use reference pricing to establish a single average sales price-based payment rate for Part B drugs and biologics with similar health effects. The report details the Commission’s concerns that current Medicare wage indexes are not accurate and create inequities in the health care system, and recommends that Congress replace current wage indexes with a new system for hospitals and providers. The June 2023 report also includes a recommendation that Congress align payment rates for the same services provided across different ambulatory settings.

The Medicaid and CHIP Payment and Access Commission (MACPAC) also released its June 2023 report last week. MACPAC recommends automatic adjustments to disproportion

 

New Research Paper Details MA Overpayments

Anew white paper from the Leonard D. Schaeffer Center for Health Policy & Economics indicates that Medicare Advantage (MA) plans were overpaid by 14.4% in 2020 due to favorable patient selection. Researchers found that patients with lower-than-average expenditures than those with similar risk factors were significantly more likely to switch from traditional Medicare to the MA program. As a result, the risk-score-adjusted expenditures for these 16.9 million beneficiaries who switched coverage between 2006 and 2019 were substantially below average. The report asserts that basing MA payment benchmarks on fee-for-service (FFS) expenditures is “increasingly problematic” as FFS enrollment continues to decline. Researchers stress the need for reforming how MA payments are set, such as by decoupling MA payments from FFS benchmarks or instituting competitive bidding.

 

Upcoming Congressional Hearings and Markups

House Energy and Commerce Subcommittee on Health legislative hearing “Responding to America’s Overdose Crisis: An Examination of Legislation to Build Upon the SUPPORT Act;” 10:00 a.m.; June 21

 

House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions hearing “Competition and Transparency: the Pathway Forward for a Stronger Health Care Market;” 10:15 a.m.; June 21

 

House Veterans’ Affairs Subcommittee on Health hearing on H.R. 3520, Veterans Care Improvement Act; H.R. 1182, Veterans Serving Veterans Act; H.R. 1774, VA Emergency Transportation Act; H.R. 2683, VA Flood Preparedness Act; H.R. 2768, PFC Joseph P. Dwyer Peer Support Program Act; H.R. 2818, Autonomy for Disabled Veterans Act; H.R. 3581, Caregiver Outreach and Program Enhancement (COPE) Act; H.R. 1278, DRIVE Act; H.R. 1639, VA Zero Suicide Demonstration Project Act; and H.R. 1815, Expanding Veterans’ Options for Long Term Care Act; 10:30 a.m.; June 21

 

Senate Veterans’ Affairs Committee hearing “Examining the Effectiveness of the Office of Integrated Veteran Care;” 3:30 p.m.; June 21

 

House Energy and Commerce Subcommittee on Oversight and Investigations hearing “MACRA Checkup: Assessing Implementation and Challenges that Remain for Patients and Doctors;” 10:30 a.m.; June 22

 

POLICY BRIEFINGS

 

Recently Introduced Health Legislation

H.Res.485 – Expressing support for the designation of “Batten Disease Awareness Day” on June 9. Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House – Oversight and Accountability

 

H.Res.490 – Supporting the designation of the week of June 12 through June 18, 2023, as “National Men’s Health Week”. Sponsor: Payne, Donald M., Jr. [Rep.-D-NJ-10]; Committees: House – Oversight and Accountability

 

H.R.3946 – To amend the Public Health Service Act to reauthorize and extend the Fetal Alcohol Spectrum Disorders Prevention and Services program, and for other purposes. Sponsor: Bacon, Don [Rep.-R-NE-2]; Committees: House – Energy and Commerce

 

H.R.3948 -To expand access to health care for veterans in the Freely Associated States, and for other purposes. Sponsor: Bera, Ami [Rep.-D-CA-6]; Committees: House – Veterans’ Affairs

 

H.R.3962 – To establish a Federal Advisory Council to Support Victims of Gun Violence. Sponsor: Evans, Dwight [Rep.- D-PA-3]; Committees: House – Judiciary

 

H.R.3988 – To provide for congressional approval of national emergency declarations. Sponsor: Roy, Chip [Rep.-R- TX-21]; Committees: House – Transportation and Infrastructure; Foreign Affairs; Rules

 

H.R.3993 – To provide a private right of action against the maker of any component of a ghost gun, and any person who facilitated a sale of the ghost gun, for injury or death resulting from the use of the ghost gun. Sponsor: Torres, Ritchie [Rep.-D-NY-15]; Committees: House – Judiciary

 

S.1922 – A bill to amend title XVIII of the Social Security Act to provide coverage for wigs as durable medical equipment under the Medicare program, and for other purposes; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Finance

 

S.1925 – A bill to require the Secretary of Health and Human Services to improve the detection, prevention, and treatment of mental health issues among public safety officers, and for other purposes; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.Res.496 – Expressing support for the designation of June 13 as “Posttraumatic Growth Day”; Sponsor: Bergman, Jack [Rep.-R-MI-1]; Committees: House – Energy and Commerce

 

H.Res.498 – Recognizing June 28, 2023, as the 125th anniversary of the American Association of Colleges of Osteopathic Medicine and commending its work to improve the health of the people of the United States; Sponsor: Graves, Sam [Rep.- R-MO-6]; Committees: House – Education and the Workforce; Energy and Commerce

 

H.R.4005 – To direct the Comptroller General of the United States to conduct a study on naloxone access; Sponsor: Kuster, Ann M. [Rep.-D-NH-2]; Committees: House – Energy and Commerce

 

H.R.4007 – To ensure references to opioid overdose reversal agents in grant programs of the Department of Health and Human Services are not limited to naloxone; Sponsor: Armstrong, Kelly [Rep.-R-ND-At Large]; Committees: House – Energy and Commerce

 

H.R.4009 – To establish emergency paid sick leave for individuals impacted by a public health emergency, and for other purposes; Sponsor: Barragan, Nanette Diaz [Rep.-D-CA-44]; Committees: House – Education and the Workforce; Oversight and Accountability; House Administration; Judiciary; Ways and Means

 

H.R.4011 – To amend title XXVII of the Public Health Service Act to improve patient access to oral medications, and for other purposes; Sponsor: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House – Energy and Commerce

 

H.R.4012 – To repeal the guidance titled “CVM GFI #263 Recommendations for Sponsors of Medically Important Antimicrobial Drugs Approved for Use in Animals to Voluntarily Bring Under Veterinary Oversight All Products That Continue to be Available Over-the-Counter”; Sponsor: Brecheen, Josh [Rep.-R-OK-2]; Committees: House – Energy and Commerce

 

H.R.4027 – To amend title XVIII of the Social Security Act to eliminate late enrollment penalties under part B of the Medicare program for individuals residing in Puerto Rico if such individuals enroll within 5 years of becoming entitled to benefits under part A of such program; Sponsor: González-Colón, Jenniffer [Resident Commissioner-R-PR-At Large]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.4028 – To amend titles XVIII and XIX of the Social Security Act to make premium and cost-sharing subsidies available to low-income Medicare part D beneficiaries who reside in Puerto Rico or another territory of the United States; Sponsor: González-Colón, Jenniffer [Resident Commissioner-R-PR-At Large]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.4034 – To amend title XVIII of the Social Security Act to provide coverage for wigs as durable medical equipment under the Medicare program, and for other purposes; Sponsor: McGovern, James P. [Rep.-D-MA-2]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.4047 – To amend title 38, United States Code, to increase the amount paid by the Secretary of Veterans Affairs to veterans for improvements and structural alterations furnished as part of home health services; Sponsor: Sorensen, Eric [Rep.-D-IL-17]; Committees: House – Veterans’ Affairs

 

S.Res.249 – A resolution expressing support for the designation of July 2023 as “National Sarcoma Awareness Month”; Sponsor: Johnson, Ron [Sen.-R-WI]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.Res.250 – A resolution designating June 6, 2023, as National Naloxone Awareness Day; Sponsor: Scott, Rick [Sen.-R-FL]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.1950 – A bill to extend the temporary order for fentanyl-related substances; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Judiciary

 

S.1951 – A bill to amend title 38, United States Code, to expand entitlement of veterans to care from the Department of Veterans Affairs and to guarantee health care benefits for veterans enrolled in the patient enrollment system of the Department, and for other purposes; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate – Veterans’ Affairs

 

S.1954 – A bill to improve the provision of health care furnished by the Department of Veterans Affairs for veterans diagnosed with diabetes and heart disease, and for other purposes; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate – Veterans’ Affairs

 

S.1961 – A bill to require an interagency risk assessment of the pharmaceutical supply chain to identify and mitigate health and national security risks, and for other purposes; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.4053 – To provide for the review of the scheduling under the Controlled Substances Act of buprenorphine-naloxone combination products, and for other purposes; Sponsor: Kuster, Ann M. [Rep.-D-NH-2]; Committees: House – Energy and Commerce; Judiciary

 

H.R.4054 – To amend the SUPPORT for Patients and Communities Act to reauthorize grants to improve trauma support services and mental health care for children and youth in educational settings; Sponsor: Budzinski, Nikki [Rep.-D-IL-13]; Committees: House – Education and the Workforce

 

H.R.4056 – To amend title XIX of the Social Security Act to ensure that medical assistance is available to children in foster care who are placed in a qualified residential treatment program under the Medicaid program; Sponsor: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House – Energy and Commerce

 

H.R.4057 – To amend the SUPPORT for Patients and Communities Act to reauthorize surveillance and data collection by the Centers for Disease Control and Prevention for child, youth, and adult trauma; Sponsor: Blunt Rochester, Lisa [Rep.-D- DE-At Large]; Committees: House – Energy and Commerce

 

H.R.4061 – To require the Secretary of Health and Human Services to establish an exposure registry and conduct epidemiological studies to assess health outcomes associated with the Red Hill Incident; Sponsor: Case, Ed [Rep.-D-HI-1]; Committees: House – Energy and Commerce; Armed Services

 

H.R.4063 – To amend the SUPPORT for Patients and Communities Act to reauthorize a pilot program for public health laboratories to detect fentanyl and other synthetic opioids; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce

 

H.R.4076 – To authorize funding for a bilateral cooperative program with Israel for the development of health technologies; Sponsor: Pappas, Chris [Rep.-D-NH-1]; Committees: House – Energy and Commerce

 

H.R.4079 – To amend the Public Health Service Act to reauthorize a loan repayment program for the substance use disorder treatment workforce; Sponsor: Rogers, Harold [Rep.-R-KY-5]; Committees: House – Energy and Commerce

 

H.R.4080 – To amend the SUPPORT for Patients and Communities Act to extend a task force to develop best practices for trauma-informed identification, referral, and support; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House – Education and the Workforce; Energy and Commerce; Judiciary

 

H.R.4087 – To prohibit the use of Federal funds to conduct or support certain gain-of-function research by a foreign adversary; Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House – Energy and Commerce

 

S.1967 – A bill to amend title XVIII of the Social Security Act to establish requirements relating to the responsibility of pharmacy benefit managers under Medicare part D; Sponsor: Menendez, Robert [Sen.-D-NJ]; Committees: Senate – Finance

 

S.1976 – A bill to amend title XVIII of the Social Security Act to clarify congressional intent and preserve patient access to home infusion therapy under the Medicare program, and for other purposes; Sponsor: Warner, Mark R. [Sen.-D-VA]; Committees: Senate – Finance

 

S.1991 – A bill to reauthorize certain programs under the SUPPORT for Patients and Communities Act, and for other purposes; Sponsor: McConnell, Mitch [Sen.-R-KY]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.1994 – A bill to amend title 38, United States Code, to require medical facilities of the Department of Veterans Affairs to share certain data with State cancer registries, and for other purposes; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate – Veterans’ Affairs

 

S.1995 – A bill to support public health infrastructure; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.1999 – A bill to protect an individual’s ability to access contraceptives and to engage in contraception and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.4088 – To amend the SUPPORT for Patients and Communities Act to reauthorize a program to support individuals in substance use disorder treatment and recovery to live independently and participate in the workforce, and for other purposes; Sponsor: Barr, Andy [Rep.-R-KY-6]; Committees: House – Education and the Workforce; Energy and Commerce

 

H.R.4089 – To amend the Public Health Service Act to reauthorize grants for first responder training; Sponsor: D’Esposito, Anthony [Rep.-R-NY-4]; Committees: House – Energy and Commerce

 

H.R.4091 – To amend the SUPPORT for Patients and Communities Act to expand required reports on T-MSIS substance use disorder data to include mental health condition data; Sponsor: Valadao, David G. [Rep.-R-CA-22]; Committees: House – Energy and Commerce

 

H.R.4092 – To amend the Public Health Service Act to reauthorize support for residential treatment programs for pregnant and postpartum women; Sponsor: Perez, Marie Gluesenkamp [Rep.-D-WA-3]; Committees: House – Energy and Commerce

 

H.R.4093 – To provide for a study on the effects of remote monitoring on individuals who are prescribed opioids; Sponsor: Balderson, Troy [Rep.-R-OH-12]; Committees: House – Energy and Commerce

 

H.R.4095 – To amend the Public Health Service Act to reauthorize grants to address the problems of persons who experience violence related stress; Sponsor: De La Cruz, Monica [Rep.-R-TX-15]; Committees: House – Energy and Commerce

 

H.R.4096 – To amend title XIX of the Social Security Act to expand the application of Medicaid State programs to monitor antipsychotic medications to all Medicaid beneficiaries; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Energy and Commerce

 

H.R.4097 – To amend the Public Health Service Act to reauthorize mental and behavioral health education and training grants; Sponsor: Sykes, Emilia Strong [Rep.-D-OH-13]; Committees: House – Energy and Commerce

 

H.R.4098 – To amend the Public Health Service Act to reauthorize grants for building communities of recovery; Sponsor: Pettersen, Brittany [Rep.-D-CO-7]; Committees: House – Energy and Commerce

 

H.R.4099 – To amend the Public Health Service Act to reauthorize a program of preventing overdoses of controlled substances; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Energy and Commerce

 

H.R.4100 – To amend the Public Health Service Act to reauthorize a monitoring and education program regarding infections associated with illicit drug use and other risk factors; Sponsor: Chavez-DeRemer, Lori [Rep.-R-OR-5]; Committees: House – Energy and Commerce

 

H.R.4101 – To amend the Public Health Service Act to reauthorize a National Peer-Run Training and Technical Assistance Center for Addiction Recovery Support; Sponsor: James, John [Rep.-R-MI-10]; Committees: House – Energy and Commerce

 

H.R.4102 – To amend the SUPPORT for Patients and Communities Act to reauthorize the Recovery Housing Program; Sponsor: Barr, Andy [Rep.-R-KY-6]; Committees: House – Financial Services

 

H.R.4104 – To amend title XVIII of the Social Security Act to clarify congressional intent and preserve patient access to home infusion therapy under the Medicare program, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.4105 – To amend the Controlled Substances Act to prohibit certain acts related to fentanyl, analogues of fentanyl, and counterfeit substances, and for other purposes; Sponsor: Buck, Ken [Rep.-R-CO-4]; Committees: House – Judiciary; Energy and Commerce

 

H.R.4106 – To amend the 21st Century Cures Act to expressly authorize the use of certain grants to implement substance use disorder and overdose prevention activities with respect to fentanyl and xylazine test strips; Sponsor: Crockett, Jasmine [Rep.-D-TX-30]; Committees: House – Energy and Commerce

 

H.R.4110 – To provide the Food and Drug Administration with authority to conduct microbial sampling on concentrated animal feeding operations as necessary to facilitate a foodborne illness outbreak investigation, determine the root cause of an outbreak of foodborne illness, or address other public health needs; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House – Energy and Commerce

 

H.R.4115 – To amend title XVIII of the Social Security Act to apply prescription drug inflation rebates to drugs furnished in the commercial market and to change the base year for rebate calculations; Sponsor: Gallego, Ruben [Rep.-D-AZ-3]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.4121 – To protect an individual’s ability to access contraceptives and to engage in contraception and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception; Sponsor: Manning, Kathy E. [Rep.-D-NC-6]; Committees: House – Energy and Commerce

 

H.R.4122 – To award posthumously a Congressional Gold Medal to Henrietta Lacks, in recognition of her immortal cells which have made invaluable contributions to global health, scientific research, our quality of life, and patients’ rights; Sponsor: Mfume, Kweisi [Rep.-D-MD-7]; Committees: House – Financial Services; House Administration

 

Recently Introduced Health Legislation Contd.

H.R.4132 – To provide for the imposition of sanctions with respect to forced organ harvesting within the People’s Republic of China, and for other purposes; Sponsor: Perry, Scott [Rep.-R-PA-10]; Committees: House – Foreign Affairs; Judiciary

 

H.R.4134 – To amend the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to establish a process to allow the holders of abbreviated new drug applications to make labeling changes to include new or updated safety-related information, and for other purposes; Sponsor: Schiff, Adam B. [Rep.-D-CA-30]; Committees: House – Energy and Commerce

 

S.Res.255 – A resolution expressing support for the designation of June 19, 2023, as “World Sickle Cell Awareness Day” in order to increase public awareness across the United States and global community about sickle cell disease and the continued need for empirical research, early detection screenings, novel effective treatments leading to a cure, and preventative care programs with respect to complications from sickle cell anemia and conditions relating to sickle cell disease; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Foreign Relations

 

S.Res.257 – A resolution designating July 19, 2023, as “Glioblastoma Awareness Day”; Sponsor: Graham, Lindsey [Sen.-R- SC]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.2009 – A bill to amend the Older Americans Act of 1965 to authorize a national network of statewide senior legal hotlines, and for other purposes; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.2012 – A bill to amend title XVIII of the Social Security Act to provide for coverage of dental services under the Medicare program; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Committees: Senate – Finance

 

S.2016 – A bill to amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes; Sponsor: Schatz, Brian [Sen.-D-HI]; Committees: Senate – Finance

 

S.2024 – A bill to provide for the establishment of an education program to expand abortion care training and access; Sponsor: Baldwin, Tammy [Sen.-D-WI]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.2026 – A bill to provide support for programs of the Department of Veterans Affairs relating to the coordination of maternity health care, and for other purposes; Sponsor: Duckworth, Tammy [Sen.-D-IL]; Committees: Senate – Veterans’ Affairs

 

S.2039 – A bill to amend the Employee Retirement Income Security Act of 1974 to require a group health plan (or health insurance coverage offered in connection with such a plan) to provide for cost-sharing for oral anticancer drugs on terms no less favorable than the cost-sharing provided for anticancer medications administered by a health care provider; Sponsor: Smith, Tina [Sen.-D-MN]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.Res.514 – Expressing support for the designation of June 19, 2023, as “World Sickle Cell Awareness Day” in order to increase public alertness across the United States and global community about sickle cell disease, the continued need for empirical research, early detection screenings for sickle cell trait carriers, novel effective treatments leading to a cure, and preventative care programs with respect to complications from sickle cell anemia and conditions related to sickle cell disease; Sponsor: Davis, Danny K. [Rep.-D-IL-7]; Committees: House – Energy and Commerce

 

H.R.4146 – To amend title XVIII of the Social Security Act to provide for coverage of dental services under the Medicare program; Sponsor: Barragan, Nanette Diaz [Rep.-D-CA-44]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.4147 – To provide for the establishment of an education program to expand abortion care training and access; Sponsor: Bera, Ami [Rep.-D-CA-6]; Committees: House – Energy and Commerce

 

H.R.4150 – To improve the provision of health care furnished by the Department of Veterans Affairs for veterans diagnosed with diabetes and heart disease, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.4157 – To require the Secretary of Veterans Affairs to prepare an annual report on suicide prevention, and for other purposes; Sponsor: Connolly, Gerald E. [Rep.-D-VA-11]; Committees: House – Veterans’ Affairs

 

H.R.4182 – To improve men’s health initiatives, and for other purposes; Sponsor: Payne, Donald M., Jr. [Rep.-D-NJ-10]; Committees: House – Energy and Commerce

 

H.R.4189 – To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes; Sponsor: Thompson, Mike [Rep.-D-CA-4]; Committees: House – Energy and Commerce; Ways and Means

Congress passed legislation last week to suspend the debt ceiling until 2025. Passage of the Fiscal Responsibility Act (H.R. 3746) ends the most significant standoff over the nation’s borrowing limit since 2011. The debt ceiling deal was passed by the House of Representatives on Wednesday 314-117 with support from 149 Republicans, including eight hard right Freedom Caucus members, and 165 Democrats. The Senate approved the measure on Thursday in a 63-36 vote with support from 44 Democrats, 2 Independents, and only 17 Republicans. President Joe Biden signed the bill into law on June 3, two days before the government would have defaulted on its debt obligations in the absence of a borrowing cap extension. The Congressional Budget Office (CBO) estimates that the agreement will reduce the deficit by $1.5 trillion through fiscal year (FY) 2033, including a $1.3 trillion reduction in discretionary spending starting in FY 2024. The agreement includes a 1% sequester on discretionary spending which would be triggered should Congress fail to pass all FY 2024 appropriations bills. The cuts would not impact mandatory programs such as Medicare and Social Security. The compromise was the culmination of weeks of negotiations between the White House and the office of House Speaker Kevin McCarthy (R-Calif.). While it was passed with bipartisan support in both chambers of Congress, the bill was criticized by the flanks of each party for the concessions made by both Republican and Democratic leadership. The table beginning on page two summarizes the major spending and policy provisions contained in the deal.

Durbin Urges FDA to Address Cancer Drug Shortages

Senate Judiciary Committee Chair Dick Durbin (D-Ill.) sent a letter to the Food and Drug Administration (FDA) last week calling on the agency to address ongoing shortages of the critical cancer medications carboplatin and cisplatin. In the letter, Durbin describes the adverse impact of drug shortages on medical research and ongoing clinical trials and discusses the widespread problems with the nation’s drug and medical supply chain. In the short term, he recommends that FDA “use its authority to allow for the safe importation of these drugs from other countries, work with manufacturers to extend expiration dates-if safe and appropriate-on existing supplies of the drugs, regularly provide clear and timely updates to providers on expected timelines for additional supply, and ensure expedited inspections and reviews to assist in resolving this shortage.”

Utah Representative Chris Stewart Announces Resignation

Utah Representative Chris Stewart (R-Utah) has announced his resignation from Congress citing his wife’s current health concerns. Stewart has served the second district of Utah for a decade. Before being elected to Congress in 2012, he was the CEO of the Shipley Group, a consulting firm focusing on energy and the environment. Stewart sits on the House Permanent Select Committee on Intelligence and the Appropriations Committee. He is also a member of the Judiciary Committee’s Select Subcommittee on the Weaponization of the Federal Government. Stewart has said that he will step down as soon as there is an orderly transition process in place. His resignation will have a negligible impact on the chamber’s balance of power given Rep. David Cicilline’s (D-R.I.) departure on June 1st. Cicilline previously announced plans to leave Congress to lead the Rhode Island Foundation. Congressman Cicilline served the first district of Rhode Island for 12 years. Prior to being elected to Congress, he was the mayor of Providence for two terms. Cicilline was a member of the Judiciary Committee and the Foreign Affairs Committee.

Biden Expected to Appoint Mandy Cohen to Lead CDC

President Joe Biden is expected to tap former North Carolina health secretary Mandy Cohen to replace the outgoing Rochelle Walensky as the next director of the Centers for Disease Control and Prevention (CDC). Walensky plans to step down from her post at the end of this month. Cohen is an internal medicine physician who served as chief of staff and later chief operations officer at the Centers for Medicare and Medicaid Services during the Obama administration. As North Carolina Department of Health and Human Services Secretary from 2017 to 2021, Cohen led the state’s response to the COVID-19 pandemic. She currently works as an executive at Aledade, a private sector firm that works to support physician-led accountable care organizations and value-based care solutions. According to the Washington Post, the President will make a formal announcement of his pick later this month. The position of CDC director does not currently require Senate confirmation.

96% of Americans Have Some Level of COVID-19 Immunity

New data from the Centers for Disease Control and Prevention (CDC) indicates that 96% of Americans have some level of COVID-19 antibodies present in their bodies. The CDC analyzed data from blood samples of approximately 143,000 Americans ages 16 and older from July through September 2022 and found that 96% of them contained antibodies to SARS-CoV-2 from previous infection or vaccination. This figure includes 22.6% from infection alone and 26.1% from vaccination alone; 47.7% had hybrid immunity. Hybrid immunity prevalence was lowest among adults aged 65 years or older. In CDC’s last analysis between April and June 2021, only 68% of blood samples contained COVID-19 antibodies.

Upcoming Congressional Hearings and Markups

House Education and Workforce Committee markup to consider five bills, including H.R. 1147, Whole Milk for Healthy Kids Act of 2023, H.R. 2813, Self-Insurance Protection Act, H.R. 2868, Association Health Plans Act, and H.R. 824, Telehealth Benefit Expansion for Workers Act of 2023; 10:15 a.m.; June 6

House Energy and Commerce Subcommittee on Oversight and Investigations hearing “Looking Back Before Moving Forward: Assessing CDC’s Failures in Fulfilling its Mission;” 10:30 am.; June 7

Senate Judiciary Subcommittee on Intellectual Property hearing “Artificial Intelligence and Intellectual Property – Part I: Patents, Innovation, and Competition;” 3:00 p.m.; June 7

Senate Veterans’ Affairs Committee hearing “An Abiding Commitment to Those Who Served: Examining Veterans’ Access to Long Term Care;” 3:00 p.m.; June 7

Senate Finance Committee hearing “Consolidation and Corporate Ownership in Health Care: Trends and Impacts on Access, Quality, and Costs;” 10:00 a.m.; June 8

Senate Health, Education, Labor, and Pensions Committee hearing “Why Are So Many American Youth in a Mental Health Crisis? Exploring Causes and Solutions” 10:00 a.m.; June 8

Senate Judiciary Committee Executive Session to consider S. 1080, Cooper Davis Act to amend the Controlled Substances Act to require electronic communication service providers and remote computing services to report to the Attorney General certain controlled substances violations; 10:00 a.m.; June 8

House Energy and Commerce Subcommittee on Health field hearing “Addressing the Opioid Crisis: Examining the SUPPORT Act Five Years Later;” 9:30 a.m.; June 9

POLICY BRIEFINGS
Recently Introduced Health Legislation

H.R.3742 – To direct the Comptroller General of the United States to evaluate the Federal Government’s collection and sharing of public health data to respond to public health emergencies. Sponsor: Peters, Scott H. [Rep.-D-CA-50]; Committees: House – Energy and Commerce

H.R.3741 – To amend title X of the Public Health Service Act to prohibit funds under such title from being used for any system through which counseling or referrals are provided to individuals regarding abortion services. Sponsor: Mann, Tracey [Rep.-R-KS-1]; Committees: House – Energy and Commerce

S.1755 – A bill to amend title 10, United States Code, to extend the period during which certain survivors of a member of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces are eligible for health benefits under TRICARE Reserve Select; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Armed Services

H.R.3751 – To require the Secretary of Defense to submit a report on overdoses among members of the Armed Forces; Sponsor: Moulton, Seth [Rep.-D-MA-6]; Committees: House – Armed Services H.R.3752 – To provide for civil monetary penalties for violations of mental health parity requirements; Sponsor: Norcross, Donald [Rep.-D-NJ-1]; Committees: House – Education and the Workforce

S.Res.229 – A resolution designating May 2023 as “National Brain Tumor Awareness Month”; Sponsor: Daines, Steve [Sen.-R-MT]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.1766 – A bill to require the Secretary of Defense to submit a report on overdoses among members of the Armed Forces; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Armed Services

S.1767 – A bill to amend the Public Health Service Act to provide for emergency grants to safeguard essential health care workers, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

S.1769 – A bill to amend title XIX of the Social Security Act to establish a demonstration project testing Whole Child Health Models, and for other purposes; Sponsor: Carper, Thomas R. [Sen.-D-DE]; Committees: Senate – Finance

S.1773 – A bill to amend the Public Health Service Act to provide for a national outreach and education strategy and research to improve behavioral health among the Asian American, Native Hawaiian, and Pacific Islander population, while addressing stigma against behavioral health treatment among such population; Sponsor: Hirono, Mazie K. [Sen.-D-HI]; Committees: Senate – Health, Education, Labor, and Pensions

S.1774 – A bill to amend the Social Security Act to provide for an increased Federal medical assistance percentage for State expenditures on certain behavioral health services furnished under the Medicaid program, and for other purposes; Sponsor: Warnock, Raphael G. [Sen.-D-GA]; Committees: Senate – Finance

S.1784 – A bill to increase language access to behavioral health services at eligible health centers, and for other purposes; Sponsor: Heinrich, Martin [Sen.-D-NM]; Committees: Senate – Health, Education, Labor, and Pensions

S.1785 – A bill to establish programs to address addiction and overdoses caused by illicit fentanyl and other opioids, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

H.Res.459 – Expressing support for the designation of June 2, 2023, as “National Gun Violence Awareness Day” and June 2023 as “National Gun Violence Awareness Month”; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Judiciary

H.Res.460 – Expressing the sense of the House of Representatives that the Congress should enact the Older Americans Bill of Rights to establish that older Americans should have the right to live with dignity and with independence; Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House – Education and the Workforce; Energy and Commerce; Ways and Means

H.R.3759 – To direct the Secretary of Transportation to establish a grant program to facilitate the installation, on bridges, of evidence-based suicide deterrents, including suicide prevention nets and barriers, and for other purposes; Sponsor: Beyer, Donald S., Jr. [Rep.-D-VA-8]; Committees: House – Transportation and Infrastructure

H.R.3760 – To amend title VII of the Public Health Service Act to strengthen the mental health workforce, and for other purposes; Sponsor: Carter, Troy [Rep.-D-LA-2]; Committees: House – Energy and Commerce

H.R.3761 – To amend the Social Security Act to provide for an increased Federal medical assistance percentage for State expenditures on certain behavioral health services furnished under the Medicaid program, and for other purposes; Sponsor: Castor, Kathy [Rep.-D-FL-14]; Committees: House – Energy and Commerce; Education and the Workforce

H.R.3768 -To address maternity care shortages and promote optimal maternity outcomes by expanding educational opportunities for midwives, and for other purposes; Sponsor: Hinson, Ashley [Rep.-R-IA-2]; Committees: House – Energy and Commerce

H.R.3771 – To establish a multiagency Middle School Mental Health Task Force at the Department of Education and the Department of Health and Human Services; Sponsor: Kean, Thomas H. [Rep.-R-NJ-7]; Committees: House – Education and the Workforce; Energy and Commerce

S.Res.231 – A resolution expressing support for the designation of June 2, 2023, as “National Gun Violence Awareness Day” and June 2023 as “National Gun Violence Awareness Month”; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate – Judiciary

S.Res.232 – A resolution expressing support for the designation of May 17, 2023, as “DIPG Pediatric Brain Cancer Awareness Day” to raise awareness of, and encourage research on, diffuse intrinsic pontine glioma tumors and pediatric cancers in general; Sponsor: Rubio, Marco [Sen.-R-FL]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.Res.234 – A resolution designating May 2023 as “Older Americans Month”; Sponsor: Kelly, Mark [Sen.-D-AZ]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.Res.235 – A resolution supporting the designation of the week of May 7, 2023, as “Children’s Mental Health Awareness Week” and May 11, 2023, as “Children’s Mental Health Awareness Day”; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.1792 – A bill to amend title 38, United States Code, to modify the program of comprehensive assistance for family caregivers of veterans, and for other purposes; Sponsor: Tester, Jon [Sen.-D-MT]; Committees: Senate – Veterans’ Affairs

S.1797 – A bill to establish a demonstration program to allow States to test payment models for maternity care provided under Medicaid and the Children’s Health Insurance Program; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate – Finance

S.1798 – A bill to establish a Countering Weapons of Mass Destruction Office and an Office of Health Security in the Department of Homeland Security, and for other purposes; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate – Homeland Security and Governmental Affairs

S.1800 – A bill to amend the Public Health Service Act to reauthorize and extend the Fetal Alcohol Spectrum Disorders Prevention and Services program, and for other purposes; Sponsor: Murkowski, Lisa [Sen.-R-AK]; Committees: Senate – Health, Education, Labor, and Pensions

S.1803 – A bill to amend title XVIII of the Social Security Act to revise payment for air ambulance services under the Medicare program; Sponsor: Bennet, Michael F. [Sen.-D-CO]; Committees: Senate – Finance

H.R.3783 – To protect public health and human safety by prohibiting the farming of mink for their fur, to compensate farmers as they transition out of the industry, and for other purposes; Sponsor: Espaillat, Adriano [Rep.-D-NY-13]; Committees: House – Agriculture; Budget

H.R.3791 – To amend the Public Health Service Act with respect to public health data accessibility, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House – Energy and Commerce