Month: May 2024

E&C Advances Data Privacy Bill-The House Energy and Commerce Committee unanimously advanced the latest version of the American Privacy Rights Act in a full committee markup last week. The discussion draft, which is the product of bipartisan, bicameral negotiations between Senate Commerce Chair Maria Cantwell (D-WA) and Energy and Commerce Chair Cathy McMorris Rodgers (R-WA), aims to strengthen consumer data privacy rights. The bill provides individuals with new consumer privacy rights and includes data minimization requirements and a broad private right of action. Health Insurance Portability and Accountability Act (HIPPA) covered entities are generally exempt from the draft legislation, but they would be required to comply with its data security provisions.

 

 

Senate to Vote on Reproductive Rights Legislation-Senate Majority Leader Chuck Schumer (D-NY) announced his plans to bring reproductive rights bills to the floor for a vote in June. The Right to Contraception Act (S.1999) would create a right to access contraception, and for health care providers to provide patients with contraception. The Access to Family Building Act (S.3612) would create a right to access for in vitro fertilization services. While neither bill has GOP support, Democrats are aiming to put their Republican colleagues on the record about reproductive rights issues ahead of the November elections. Senate Health, Education, Labor, and Pensions Committee Chairman Bernie Sanders (I-VT) stated that his panel is considering action on these issues next month as well.

 

 

House Appropriators Adopt Topline Spending Levels-The House Appropriations Committee adopted top line funding levels for the 12 fiscal year FY2025 annual appropriations measures in a 30-22 partisan vote last week. The caps on spending known as 302(b) allocations are in keeping with the spending caps set by the-Fiscal Responsibility Act of 2023-last year’s debt-limit agreement. They would cut nondefense programs by 6% while increasing defense spending by 1%. The Committee also advanced its FY2025 Military Construction-Veterans Affairs (VA) bill in a party line 34-25 vote. The committee report accompanying the bill highlights that the nation’s ability to manufacture essential medical devices is at serious risk because of efforts by Chinese manufacturers to enter the market. The report warns of the potential for hospitals to become dependent on Chinese supplies and calls for a study on the percentage of Chinese-made medical devices and recommendations on how the VA can reduce its dependency on Chinese devices. While House Republicans are aiming to pass all 12 government funding bills by the end of July, Appropriations Committee Chairman Tom Cole (R-OK) has acknowledged that Congress will likely resort to the passage of a continuing resolution to fund the government beyond the September 30 deadline. GOP leaders are reportedly planning the following timeline for voting on appropriations measures:

 

Senators Urge Strong Support for NIH in FY2025 Appropriations-A bipartisan group of nearly 60 senators have sent a letter to the Senate Appropriations Committee leadership urging appropriators to maintain a strong commitment to funding for the National Institutes of Health (NIH) in the Labor, Health and Human Services, and Education fiscal year FY2025 appropriations bill. The letter, which was led by Sens. Bob Casey (D-PA) and Thom Tillis (R-NC), asks the committee “to consider the tremendous benefits of sustained and robust investment in the NIH,” and “to remember our Nation’s role as a world leader in biomedical research and the impact this research has on the American people.” The letter requests the full allocation of funding for the NIH provided by the 21st Century Cures Act. Sens. Tammy Baldwin (D-WI) and Shelley Moore Capito (R-WV)-chair and ranking member of the Labor-Health and Human Services (LHHS) Appropriations Subcommittee-have expressed their intent to increase NIH funding in the next fiscal year. Republicans in the House of Representatives recently proposed cutting the LHHS spending bill by $40 billion; full details of the House appropriations bill are expected to be released in late June.

 

 

Finance Members Drafting Bipartisan GME Bill-A bipartisan group of Senate Finance Committee members are preparing to introduce legislation that would increase the number of federally-funded graduate medical education (GME) slots. The bill is a part of the committee’s efforts to increase the number of physicians-particularly primary care and psychiatry providers-training and working in rural and underserved areas. The proposal would allocate 25% of the new slots to primary care physicians and 15% to psychiatry residents, and hospitals would be required to maintain the new GME slots for a decade. The U.S. Department of Health and Human Services would be required to track where the residents train and eventually end up practicing. The policymakers are still working to determine how many new GME slots to add, and what budgetary offsets will pay for the proposal.

 

 

Buchanan, Moore Launch New Preventive Health Caucus-Rep. Vern Buchanan (R-FL), chairman of the House Ways and Means Subcommittee on Health, and Rep. Gwen Moore (D-WI) launched the Congressional Preventive Health and Wellness Caucus last week. The group will focus on addressing the obesity epidemic through prevention, research, food as medicine, exercise, and health disparities. The cost of obesity to the nation will also be considered, with members planning to hold fact-finding hearings and introduce legislation on the subject.

 

 

Sen. Rick Scott to Run for Senate GOP Leader-Sen. Rick Scott (R-FL) announced his bid to succeed Minority Leader Mitch McConnell (R-KY) in a letter to colleagues last week. Sens. John Thune (R-SD) and John Cornyn (R-TX) are also running to replace McConnell as GOP leader when he retires from the leadership post later this year. Scott is a first-term senator who will likely be considered an underdog in the race. Sen. Thune currently serves as the minority whip, while Sen. Cornyn preceded Thune as whip.

 

 

Evans, Murphy Health Updates-Rep. Dwight Evans (D-PA) is recovering from a minor stroke and is expected to be absent from Congress for six weeks. Evans received the diagnosis last week after experiencing difficulty with one of his legs, noting that he did not realize at the time of the incident that he was having a stroke. He is currently recovering at an inpatient rehabilitation facility. According to a statement from Evans’ office, the congressman is expected to remain at the facility for about another week before transitioning to outpatient therapy. Evans noted his plans to work to “remove the stigma that sometimes accompanies strokes,” noting that “many people can recover and continue on with their life and their work.”

 

Rep. Greg Murphy, MD (R-NC) has undergone surgery to remove a pituitary macroadenoma at the base of his skull. Murphy stated on the social media platform X that his prognosis is “excellent,” and that the tumor is most likely benign. Prior to being elected to Congress, Murphy worked as a urologist. Although it remains unclear when he will be back at work full time, Murphy stated that he will “continue to be a tireless advocate for those who take care of patients” when he returns to Capitol Hill.

 

 

CMS Taps New Chief Health Equity Officer-Martin Mendoza has been tapped to serve as the director of the Office of Minority Health and chief health equity officer at the Centers for Medicare and Medicaid Services. Mendoza replaces outgoing interim director Aditi Mallick. Mendoza previously has worked as the director of health equity for the All of Us research program at the National Institutes of Health and as the head of extramural research for minority health in the Office of the Commissioner of the Food and Drug Administration (FDA). He is the primary author of FDA guidance on the collection of race and ethnicity data in clinical trials.

 

 

Congressional Retirements and Resignations-California state assemblyman Vince Fong (R) won the special election to serve the remainder of former House Speaker Kevin McCarthy’s (R-CA) term in the House of Representatives. Fong, who previously worked as McCarthy’s district director, defeated Tulare County Sheriff Mike Boudreaux (R) in Tuesday’s runoff election. The two candidates will face each other again in November to determine who will represent California’s 20^th congressional district for the next full term. Fong has been endorsed by McCarthy and former president Donald Trump. Once Fong is sworn in, the House will have 218 Republicans, 213 Democrats, and four vacancies.

 

 

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	McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ	Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC	Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD	Curtis (R), UT
Blumenauer (D), OR	Luetkemeyer (R), MO
Kilmer (D), WA	Lamborn (R), CO
Spanberger (D), VA	Bucshon, MD (R), IN
Kildee (D), MI	Pence (R), IN
Phillips (D), MN	Duncan (R), SC
Cardenas (D), CA	Armstrong (R), ND
Eshoo (D), CA	McMorris Rodgers (R), WA
Manning (D), NC	Gallagher (R), WI (effective April 19, 2024)
Higgins (D), NY (effective Feb. 2, 2024)	LaTurner (R), KS
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

House Oversight and Accountability Select Subcommittee on the Coronavirus Pandemic hearing with Dr. Anthony Fauci; 10:00 a.m.; June 3

 

Recently Introduced Health Legislation

H.Res.1240-Providing for consideration of the bill (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-Rules

 

H.Res.1242-Prioritizing mental health to the same degree as physical health to address the epidemics of suicide and drug overdose in the United States; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Energy and Commerce

 

H.R.8444-To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to establish grant programs to promote mental health in schools, and for other purposes; Sponsor: Napolitano, Grace F. [Rep.-D-CA-31]; Committees: House-Energy and Commerce

 

H.R.8458-To amend title XVIII of the Social Security Act to expand access to psychological and behavioral services; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8465-To amend title XXVII of the Public Health Service Act to increase health insurance access for individuals placing their newborns for adoption; Sponsor: Van Duyne, Beth [Rep.-R-TX-24]; Committees: House-Energy and Commerce

 

H.R.8466-To amend division N of the Consolidated Appropriations Act, 2021 to improve the Affordable Connectivity Program, and for other purposes; Sponsor: Williams, Brandon [Rep.-R-NY-22]; Committees: House-Energy and Commerce; Financial Services; Transportation and Infrastructure; Science, Space, and Technology; Natural Resources; Oversight and Accountability; Foreign Affairs; Judiciary

 

S.4368-A bill 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: Cruz, Ted [Sen.-R-TX]; Committees: Senate-Finance

 

S.4374-A bill to amend the Older Americans Act of 1965 to include screening for loneliness and coordination of supportive services and health care to address the negative health effects of loneliness, to require a report on loneliness, and for other purposes; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4375-A bill to establish a critical supply chain resiliency and crisis response program in the Department of Commerce, and to secure American leadership in deploying emerging technologies, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Commerce, Science, and Transportation

 

S.4381-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]; Latest Action: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time

 

H.Res.1248-Recognizing the impact the stigmatization of menstruation has on the lives of women, girls, and people who menstruate, and expressing support for the designation of the month of May as “National Menstrual Health Awareness Month”; Sponsor: Meng, Grace [Rep.-D-NY-6]; Committees: House-Energy and Commerce; Education and the Workforce

 

H.R.8470-To authorize the Secretary of Health and Human Services to make awards to increase or improve access to comprehensive mental and behavioral health services for individuals exposed to violent encounters involving law enforcement personnel, and for other purposes; Sponsor: Bush, Cori [Rep.-D-MO-1]; Committees: House-Energy and Commerce; Education and the Workforce; Judiciary

 

H.R.8475-To direct the Secretary of Defense to submit to Congress a report on the correlation between service in the Armed Forces conducting explosive ordnance disposal and post-traumatic stress disorder, traumatic brain injury, and suicide; Sponsor: Crawford, Eric A. “Rick” [Rep.-R-AR-1]; Committees: House-Armed Services

 

H.R.8481-To amend title 38, United States Code, to establish an extended deadline for the submission of applications regarding emergency treatment furnished in non-Department of Veterans Affairs medical facilities, and for other purposes; Sponsor: Mast, Brian J. [Rep.-R-FL-21]; Committees: House-Veterans’ Affairs

 

S.4394-A bill to support National Science Foundation education and professional development relating to artificial intelligence; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Commerce, Science, and Transportation

 

H.Res.1251-Honoring Rosalynn Smith Carter’s legacy in mental health advocacy; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House-Energy and Commerce

 

H.Res.1252-Honoring the commitment and care of emergency medical services personnel; Sponsor: Guest, Michael [Rep.-R-MS-3]; Committees: House-Energy and Commerce

 

H.R.8493-To establish the Task Force to Stop Price Gouging, and for other purposes; Sponsor: Craig, Angie [Rep.-D-MN-2]; Committees: House-Judiciary; Agriculture; Energy and Commerce

 

H.R.8503-To provide States with support to establish integrated care programs for individuals who are dually eligible for Medicare and Medicaid, and for other purposes; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8504-To amend the Internal Revenue Code of 1986 to establish the critical supply chains reshoring investment tax credit; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House-Ways and Means

 

S.Res.709-A resolution expressing support for the designation of May 2024 as “Mental Health Awareness Month”; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.711-A resolution designating May 2024 as “American Stroke Month”; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate-Judiciary

 

S.Res.713-A resolution designating May 2024 as “ALS Awareness Month”; Sponsor: Coons, Christopher A. [Sen.-D-DE]; Committees: Senate-Judiciary

 

S.Res.714-A resolution recognizing and supporting individuals born with congenital disabilities or malformations due to thalidomide exposure; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.J.Res.90-A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Health and Human Services relating to “Nondiscrimination in Health Programs and Activities”; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4395-A bill to amend title XVIII of the Social Security Act to establish a floor on the work geographic index for physicians’ services furnished in Hawaii; Sponsor: Schatz, Brian [Sen.-D-HI]; Committees: Senate-Finance

 

S.4415-A bill to require the Secretary of Defense to establish a medical readiness program in the Indo-Pacific region, and for other purposes; Sponsor: Duckworth, Tammy [Sen.-D-IL]; Committees: Senate-Armed Services

 

S.4423-A bill to amend title 38, United States Code, to improve the provision of direct housing loans and medical care from the Department of Veterans Affairs for Native Hawaiians; Sponsor: Hirono, Mazie K. [Sen.-D-HI]; Committees: Senate-Veterans’ Affairs

 

S.4426-A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited conditional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4428-A bill to establish an interagency committee to coordinate activities of the Federal Government relating to biotechnology oversight, and for other purposes; Sponsor: Young, Todd [Sen.-R-IN]; Committees: Senate-Commerce, Science, and Transportation

 

S.4429-A bill to require the Secretary of Health and Human Services to provide grants to demonstrate pharmacy-based addiction care programs; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4430-A bill to amend title XIX of the Social Security Act to establish a Health Engagement Hub demonstration program to increase access to treatment for opiate use disorder and other drug use treatment, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Finance

 

H.Res.1257-Expressing the need for enhanced public awareness of Huntington’s Disease and support for the designation of a “National Huntington’s Disease Awareness Month”; Sponsor: Pascrell, Bill [Rep.-D-NJ-9]; Committees: House-Energy and Commerce

 

H.Res.1260-Expressing support for the designation of the month of May 2024 as “Progressive Supranuclear Palsy Awareness Month”; Sponsor: Wexton, Jennifer [Rep.-D-VA-10]; Committees: House-Energy and Commerce

 

H.Con.Res.109-Expressing the sense of the Congress that assisted suicide (sometimes referred to using other terms) puts everyone, including those most vulnerable, at risk of deadly harm; Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Energy and Commerce

 

H.J.Res.160-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Health and Human Services relating to “Nondiscrimination in Health Programs and Activities”; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House-Energy and Commerce

 

H.R.8520-To amend the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to implement the Climate Ready Tribes Initiative; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Energy and Commerce

 

H.R.8529-To authorize assistance to train and retain obstetrician-gynecologists and sub-specialists in urogynecology and to help improve the quality of care to meet the health care needs of women in least developed countries, and for other purposes; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Foreign Affairs

 

H.R.8532-To identify and address barriers to coverage of remote physiologic devices under State Medicaid programs to improve maternal and child health outcomes for pregnant and postpartum women; Sponsor: Frankel, Lois [Rep.-D-FL-22]; Committees: House-Energy and Commerce

 

H.R.8542-To award a Congressional Gold Medal to Dr. Joseph B. Kirsner, in recognition of his service to the United States during World War II and his contributions to the medical field, particularly gastroenterology; Sponsor: Mast, Brian J. [Rep.-R-FL-21]; Committees: House-Financial Services

 

H.R.8543-To amend the Social Security Act and the Public Health Service Act to permanently authorize certified community behavioral health clinics, and for other purposes; Sponsor: Matsui, Doris O. [Rep.-D-CA-7]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8561-To amend title XVIII of the Social Security Act to address significant under projection of MA local area growth due to wage index reclassification; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.8562-To amend title 38, United States Code, to improve the provision of direct housing loans and medical care from the Department of Veterans Affairs for Native Hawaiians; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House-Veterans’ Affairs

 

H.R.8563-To amend title XVIII of the Social Security Act to establish a floor on the work geographic index for physicians’ services furnished in Hawaii; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8564-To require certain elements of the intelligence community to submit to the congressional intelligence committees a report with respect to biotechnology threats, and for other purposes; Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Intelligence (Permanent Select)

 

H.R.8565-To advance research, promote awareness, and provide patient support with respect to endometriosis, and for other purposes; Sponsor: Williams, Nikema [Rep.-D-GA-5]; Committees: House-Energy and Commerce

 

House Appropriators Release Preliminary Top-Line Spending Amounts-House Appropriations Committee Chair Tom Cole (R-OK) released interim subcommittee allocations for fiscal year 2025 spending bills last week. The top-line funding amounts known as 302(b) allocations are in keeping with the spending caps set by the Fiscal Responsibility Act of 2023, last year’s debt-limit agreement. The caps on spending would cut nondefense programs by 6% while increasing defense spending by 1%. The cuts would not be spread evenly across the bills, with the Labor-Health and Human Services-Education appropriations bill, which funds the National Institutes of Health and other federal health-related programs, facing a more significant cut of 10-11%. House appropriators are scheduled to meet this week to vote on the top-line spending levels. The Labor-Health and Human Services-Education Subcommittee is expected to mark up its bill on June 27, with a full committee markup set for July 10.

 

 

E&C Subcommittee Advances 21 Health Care Bills-The House Energy and Commerce Subcommittee on Health marked up a slate of health care proposals last week, including legislation to extend for two years Medicare patient access to pandemic-era telehealth flexibilities that are set to expire in December. The Telehealth Modernization Act of 2024 (H.R.7623) was unanimously advanced to the full committee for consideration. The twenty other bills agreed to by the subcommittee include:

• R.3227-Ensuring Seniors’ Access to Quality Care Act, forwarded by a vote of 13-12.
• R.468-Building America’s Health Care Workforce Act, forwarded by a vote of 14-8.
• R.3433-Give Kids a Chance Act, forwarded by a vote of 16-11. The latest version of the bill was updated to include the Creating Hope Reauthorization Act of 2024 (H.R.7384) and the RARE Act (H.R.7383).
• R.7188-Shandra Eisenga Human Cell and Tissue Product Safety Act, forwarded by a vote of 27-9.
• R.6020-Honor Our Living Donors Act, forwarded by a vote of 24-0.
• R.455-to amend the Controlled Substances Act to fix a technical error in the definitions, forwarded by a vote of 24-0.
• R.7213-Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2024, forwarded by a vote of 22-0.
• R.4534-Women and Lung Cancer Research and Preventive Services Act of 2023, forwarded by a vote of 21-0.
• R.670-Think Differently Database Act, forwarded by a vote of 20-0.
• R.8084-LIVE Beneficiaries Act, forwarded by a vote of 18-0.
• R.7858-Telehealth Enhancement for Mental Health Act of 2024, forwarded by a vote of 22-0.
• R.8111-Medicaid Program Improvement Act, forwarded by a vote of 22-0.
• R.8089-Medicare and Medicaid Fraud Prevention Act of 2024, forwarded by a vote of 22-0.
• R.8112-to amend title XIX of the Social Security Act to further require certain additional provider screening under the Medicaid program, forwarded by a vote of 23-0.
• R. 6033-Supporting Patient Education And Knowledge (SPEAK) Act of 2023, forwarded by a vote of 23-0.
• R.1406-Sustainable Cardiopulmonary Rehabilitation Services in the Home Act, forwarded by voice vote.
• R.7856-PREVENT DIABETES Act, forwarded by voice vote.
• R.5394-Expanding Remote Monitoring Access Act, forwarded by voice vote.
• R.1199-Facilitating Innovative Nuclear Diagnostics Act of 2023, forwarded by voice vote.
• R.4758-Accelerating Kids’ Access to Care Act, forwarded by voice vote.

 

House BIOSECURE Bill Advances Out of Committee-The House Oversight and Accountability Committee advanced the BIOSECURE Act (H.R.8333) with overwhelming bipartisan support last week. 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. The Senate version of the bill (S.3558) was advanced out of the Homeland Security and Governmental Affairs Committee earlier this year. House Oversight Chairman James Comer (R-KY) stated that he expects a floor vote on the bill in the next 30 days, while Senate Homeland Security Chairman Gary Peters (D-MI) has discussed the possibility of attaching the legislation to the annual must-pass National Defense Authorization Act.

 

FAA Reauthorization Includes Possible Change to Organ Transportation Policy and Updates to In-Flight Emergency Medical Kits-President Joe Biden has signed into law a five-year reauthorization of the Federal Aviation Administration (FAA) following House passage of the FAA legislation last week. The bill includes a provision to create a working group to identify best practices for the transportation of organs via the nation’s commercial airline system. The working group would include air carrier and organ transplant provider representatives and will consider whether organs could once again travel in the main cabin of an airplane. Organs have traveled in the cargo hold of planes since September 11, when security protocols changed to no longer permit individuals to accompany an organ through security without an airplane ticket. The Act also requires the FAA to promulgate a rulemaking related to aircraft first aid and emergency medical kit equipment and training to consider whether the current requirements for minimum contents of emergency medical kits include appropriate medications to address certain emergency medical needs such as anaphylaxis.

 

Finance Leaders Release White Paper on Physician Payment Reform-Senate Finance Committee Chairman Ron Wyden (D-OR) and Ranking Member Mike Crapo (R-ID) released a white paper last week outlining potential polices to reform the physician payment system and improve care of Medicare beneficiaries will chronic illness. The lawmakers focus mainly on issues related to Medicare Part B clinician payment policy, alternative payment models, and telehealth. The following areas of interest are highlighted as possible opportunities for reform:

• Creating sustainable payment updates to ensure clinicians can own and operate their practices;
• Incentivizing alternative payment models that reward providing better care at a lower cost;
• Rethinking how Medicare measures quality care;
• Improving primary care;
• Supporting chronic care benefits in Medicare fee-for-service; and
• Ensuring continued access to telehealth.

The paper specifies that the committee will continue to conduct outreach to stakeholders and experts in an effort that will “ideally culminate in bipartisan legislation.”

 

Bipartisan Senate Workgroup Releases AI Roadmap-The Bipartisan Senate AI Working Group released its-roadmap-for artificial intelligence (AI) policy last week. The 30-page document outlines an AI priorities framework for policymakers to consider during the remainder of the 118^th Congress and beyond, and it summarizes the findings from stakeholder meetings and the all-senator AI Insight Forums which have taken place since the working group first convened nearly a year ago. The working group, comprised of Majority Leader Charles Schumer (D-NY), Sen. Mike Rounds (R-SD), Sen. Martin Heinrich (D-NM), and Sen. Todd Young (R-IN), touches on a number of policies of relevance to the health care sector, recommending a risk-based approach to AI regulation, the need for appropriate guardrails and safety measures in the health care space, funding for cross-government R&D that includes the National Institutes of Health, and standards setting for AI user and developer liability. Majority Leader Schumer intends to meet with House Speaker Mike Johnson (R-LA) in the coming weeks to discuss a path forward for AI legislation.

 

 

Sanders’ Releases Report on ‘How Weight Loss Drugs Could Bankrupt American Health Care’-Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman Bernie Sanders (I-VT) has released a report examining the price of new weight loss drugs like Novo Nordisk’s Ozempic and Wegovy. The report finds that if half of all Medicare and Medicaid patients who are obese took Wegovy and other weight loss drugs, the cost to the Medicare and Medicaid programs could total $166 billion per year-nearly the same cost as spending on all retail prescription drugs in 2022. Sanders warns that the high prices of these drugs could result in a historic increase in premiums for Medicare and commercial health insurance. “Pricing drugs based on their value cannot serve as a blank check, or the sole determinant for how we understand what to pay for essential goods,” the report argues.

 

 

Cassidy Releases White Paper on Modernizing NIH-Senate HELP Committee Ranking Member Bill Cassidy (R-LA) has released a white paper exploring how to modernize the National Institutes of Health (NIH), ensure transparency in NIH operations, and maintain American biomedical leadership. The white paper follows Cassidy’s September 2023 request for information on reforming the NIH and makes recommendations for maximizing the effectiveness of current NIH funding and restoring public trust in science. “While we now have more opportunities to advance the health and wellbeing of the American people through biomedical innovation, the risks of failure-whether by failing to harness research opportunities, the erosion of the domestic biomedical research workforce, the proliferation of low-quality research, or poor oversight that threatens public trust in science-are greater than ever before,” Cassidy writes. “I look forward to working with all interested stakeholders and my colleagues on the HELP Committee to harness this opportunity to strengthen NIH for the next generation of Americans.”

 

 

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	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	McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ	Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC	Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD	Curtis (R), UT
Blumenauer (D), OR	Luetkemeyer (R), MO
Kilmer (D), WA	Lamborn (R), CO
Spanberger (D), VA	Bucshon, MD (R), IN
Kildee (D), MI	Pence (R), IN
Phillips (D), MN	Duncan (R), SC
Cardenas (D), CA	Armstrong (R), ND
Eshoo (D), CA	McMorris Rodgers (R), WA
Manning (D), NC	Gallagher (R), WI (effective April 19, 2024)
Higgins (D), NY (effective Feb. 2, 2024)	LaTurner (R), KS
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

Senate Judiciary Committee hearing “Ensuring Affordable & Accessible Medications: Examining Competition in the Prescription Drug Market;” 10:00 a.m.; May 21

 

Senate Health, Education, Labor, and Pensions Subcommittee on Primary Health and Retirement Security hearing “Feeding a Healthier America: Current Efforts and Potential Opportunities for Food is Medicine;” 2:30 p.m.; May 21

 

House Energy and Commerce Subcommittee on Health hearing “Check Up: Examining FDA Regulation of Drugs, Biologics, and Devices;” 10:30 a.m.; May 22

 

House Select Subcommittee on the Coronavirus Pandemic hearing with the National Institute of Allergy and Infectious Diseases Senior Scientific Advisor, Dr. David Morens; 2:00 p.m.; May 22

 

House Ways and Means Subcommittee on Health hearing “The Collapse of Private Practice: Examining the Challenges Facing Independent Medicine;” 9:00 a.m.; May 23

 

Senate Specialty Committee on Aging hearing “The Older Americans Act: The Local Impact of the Law and the Upcoming Reauthorization;” 9:30 a.m.; May 23

 

Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies hearing “A Review of the President’s Fiscal Year 2025 Budget Request for the National Institutes of Health;” 10:00 a.m.; May 23

 

Senate Finance Committee hearing “Front Lines of the Fentanyl Crisis: Supporting Communities and Combating Addition through Prevention and Treatment;” 10:00 a.m.; May 23

 

House Budget Committee hearing “Breaking Up Health Care Monopolies: Examining the Budgetary Effects of Health Care Consolidation;” 10:00 a.m.; May 23

 

Senate Health, Education, Labor, and Pensions Committee executive session to consider seven health care related bills, including the Dr. Lorna Breen Health Care Provider Protection Reauthorization Act (S. 3679), Lifespan Respite Care Reauthorization Act (S. 4325), and Congenital Heart Futures Reauthorization Act (S. 3757); 10:00 a.m.; May 23

 

Recently Introduced Health Legislation

H.R.8364-To amend chapter 44 of title 18, United States Code, to update certain procedures applicable to commerce in firearms and remove certain Federal restrictions on interstate firearms transactions. Sponsor: Scalise, Steve [Rep.-R-LA-1]; Committees: House-Judiciary

 

H.R.8360-To amend the Federal Food, Drug, and Cosmetic Act to deem any sunscreen or cosmetic containing parabens to be adulterated. Sponsor: Luna, Anna Paulina [Rep.-R-FL-13]; Committees: House-Energy and Commerce

 

H.R.8354-To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes. Sponsor: Jackson, Jonathan L. [Rep.-D-IL-1]; Committees: House-Judiciary

 

H.R.8348-To establish in the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security a task force on artificial intelligence, and for other purposes. Sponsor: Carter, Troy A. [Rep.-D-LA-2]; Committees: House-Homeland Security

 

H.R.8347-To direct the Comptroller General of the United States to conduct a study on menopause care furnished by the Department of Veterans Affairs, and for other purposes. Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House-Veterans’ Affairs

 

H.R.8346-To assist survivors of stroke and other debilitating health occurrences in returning to work. Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House-Education and the Workforce

 

H.R.8333-To prohibit contracting with certain biotechnology providers, and for other purposes. Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Oversight and Accountability; Intelligence

 

H.J.Res.139-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Medicare and Medicaid Programs: Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting”. Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House-Energy and Commerce; Ways and Means

 

H.Res.1217-Supporting the designation of May 10, 2024, as “National Asian American, Native Hawaiian, and Pacific Islander Mental Health Day”. Sponsor: Chu, Judy [Rep.-D-CA-28]; Committees: House-Energy and Commerce

 

H.Res.1216-Expressing support for the goals and ideals of National Stroke Awareness Month. Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House-Energy and Commerce

 

S.Res.684-A resolution supporting the role of the United States in helping save the lives of children and protecting the health of people in low-income countries with vaccines and immunization through Gavi, the Vaccine Alliance (“Gavi”); Sponsor: Wicker, Roger F. [Sen.-R-MS]; Committees: Senate-Foreign Relations

 

S.4322-A bill to amend title XVIII of the Social Security Act to make improvements relating to the designation of rural emergency hospitals; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate-Finance

 

S.4325-A bill to amend the Public Health Service Act to reauthorize the program relating to lifespan respite care, and for other purposes; Sponsor: Collins, Susan M. [Sen.-R-ME]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4330-A bill to amend Title XVIII of the Social Security Act to create a Radiation Oncology Case Rate Value Based Payment Program exempt from budget neutrality adjustment requirements, and to amend section 1128A of title XI of the Social Security Act to create a new statutory exception for the provision of free or discounted transportation for radiation oncology patients to receive radiation therapy services; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate-Finance

 

S.4331-A bill to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group health plans and health insurance issuers offering group or individual health insurance that provide coverage for mental health services and substance use disorder services provide such services without the imposition of cost-sharing from the diagnosis of pregnancy through the 1-year period following such pregnancy, and for other purposes; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.R.8375-To require the Secretary of Health and Human Services to issue guidance to States on strategies under Medicaid and CHIP to increase pediatric mental and behavioral health provider education, training, recruitment, retention, and support, and for other purposes; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.R.8376-To amend the Public Health Service Act to provide for a national awareness and outreach campaign to improve mental health among the Hispanic and Latino youth population; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.R.8377-To amend the Advancing Research to Prevent Suicide Act to expand the areas of focus regarding childhood suicide, and for other purposes; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Science, Space, and Technology

 

H.R.8380-To criminalize fraudulent statements made with respect to clinical vaccine trials; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Energy and Commerce; Judiciary

 

H.R.8383-To improve obstetric emergency care; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House-Energy and Commerce

 

H.R.8390-To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group health plans and health insurance issuers offering group or individual health insurance that provide coverage for mental health services and substance use disorder services provide such services without the imposition of cost-sharing from the diagnosis of pregnancy through the 1-year period following such pregnancy, and for other purposes; Sponsor: Moore, Gwen [Rep.-D-WI-4]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means; Oversight and Accountability

 

H.R.8397-To provide funding to the Bureau of Prisons, States, and localities to carry out mental health screenings and provide referrals to mental healthcare providers for individuals in prison or jail; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Judiciary

 

H.R.8400-To amend the Public Health Service Act to improve children’s vision and eye health through grants to States, territories, and Tribal organizations, and the provision of technical assistance to support those efforts; Sponsor: Veasey, Marc A. [Rep.-D-TX-33]; Committees: House-Energy and Commerce

 

S.Res.689-A resolution supporting the goals and ideals of National Hospital Week, to be observed from May 12 through May 18, 2024; Sponsor: Barrasso, John [Sen.-R-WY]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.Res.691-A resolution expressing support for the designation of May 17, 2024, 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.692-A resolution supporting the mission and goals of National Fentanyl Awareness Day in 2024, including increasing individual and public awareness of the impact of fake or counterfeit fentanyl pills on families and young people; Sponsor: Grassley, Chuck [Sen.-R-IA]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.J.Res.82-A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Drug Administration relating to “Medical Devices; Laboratory Developed Tests”; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4338-A bill to provide for the establishment of hybrid primary care payments under the Medicare program, and for other purposes; Sponsor: Whitehouse, Sheldon [Sen.-D-RI]; Committees: Senate-Finance

 

S.4349-A bill to require private health plans to provide for secure electronic transmission of prior authorization requests for prescription drugs; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4350-A bill to amend title XVIII of the Social Security Act to extend acute hospital care at home waiver flexibilities; Sponsor: Carper, Thomas R. [Sen.-D-DE]; Committees: Senate-Finance

 

S.4351-A bill to amend the Public Health Service Act to reauthorize certain poison control programs; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.R.8404-To amend Title XVIII of the Social Security Act to create a Radiation Oncology Case Rate Value Based Payment Program exempt from budget neutrality adjustment requirements, and to amend section 1128A of title XI of the Social Security Act to create a new statutory exception for the provision of free or discounted transportation for radiation oncology patients to receive radiation therapy services; Sponsor: Fitzpatrick, Brian K. [Rep.-R-PA-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8412-To modernize clinical trials and remove barriers for participation in clinical trials, and for other purposes; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8415-To require the Inspector General of the Department of Health and Human Services to evaluate the cybersecurity practices and protocols of the Department, and for other purposes; Sponsor: Steel, Michelle [Rep.-R-CA-45]; Committees: House-Energy and Commerce

 

S.4357-A bill to improve access to oral health care for vulnerable and underserved populations; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4358-A bill to amend the Public Health Service Act to require the Secretary to establish a grant program under the Substance Abuse and Mental Health Services Administration to address substance use disorders among older adults, and for other purposes; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Res.1232-Expressing support for the goals and ideals of “National Hypertension Awareness Month”; Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House-Energy and Commerce

 

H.Res.1237-Recognizing “Necrotizing Enterocolitis Awareness Day”; Sponsor: Thompson, Mike [Rep.-D-CA-4]; Committees: House-Energy and Commerce

 

H.J.Res.145-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Drug Administration relating to “Medical Devices; Laboratory Developed Tests”; Sponsor: Finstad, Brad [Rep.-R-MN-1]; Committees: House-Energy and Commerce

 

H.J.Res.146-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program”; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8418-To direct the Secretary of Veterans Affairs to update the Lethal Means Safety and Suicide Prevention training course of the Department of Veterans Affairs, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Veterans’ Affairs

 

H.R.8422-To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish programs for the provision of mental health services to individuals affected by a major disaster, and for other purposes; Sponsor: Balint, Becca [Rep.-D-VT-At Large]; Committees: House-Transportation and Infrastructure; Homeland Security

 

H.R.8433-To amend the Public Health Service Act to require the National Institutes of Health to select awardees based on merit, and for other purposes; Sponsor: Hageman, Harriet M. [Rep.-R-WY-At Large]; Committees: House-Energy and Commerce

Greene, Massie to Trigger Motion to Vacate Vote-Reps. Marjorie Taylor Greene (R-Ga.) and Thomas Massie (R-Ky.) announced plans to force a vote this week on Greene’s motion to vacate in an attempt to oust Mike Johnson (R-La.) as Speaker of the House. Their decision follows Johnson’s work with Democrats to fund the federal government and pass $95 billion in foreign aid. House Democratic leadership have pledged to join with Johnson’s GOP backers to table the motion.

 

House Passes Congressional Budget Office Data Sharing Act-The House of Representatives passed legislation last week that will speed the rate at which data is shared between federal agencies, including the U.S. Department of Health and Human Services, and the Congressional Budget Office (CBO). H.R. 7032, the bipartisan Congressional Budget Office Data Sharing Act, passed by voice vote. The bill clarifies and expands the CBO Director’s authority to request and receive data from executive branch agencies, and would require CBO to maintain the same level of confidentiality protections as the agency providing the data.

 

Senate Passes Minority Health Resolution, Considers Health Professional Shortages-Last week, the Senate passed S. Res. 675, a resolution promoting minority health awareness and supporting the goals and ideals of National Minority Health Month, including bringing attention to the health disparities faced by minority populations of the United States. The bipartisan resolution was sponsored by Sen. Ben Cardin (D-Md.) and cosponsored by seven other members of the Senate. The resolution was passed the same day the Senate Health, Education, Labor, and Pensions Committee convened a hearing about the shortage of minority health care workers and the nation’s high maternal mortality rate. During the hearing, Chairman Bernie Sanders (I-Vt.) argued in favor of canceling student debt and making public colleges and universities tuition free in order to address health workforce shortages. He also urged the expansion of programs like the National Health Service Corp as well as the size of Historically Black Colleges and Universities. Witnesses spoke to the importance of access to health care providers that reflect the racial and ethnic background of the patient population for improving health outcomes.

 

Senate Finance Leaders Release Proposal Aimed at Drug Shortages-Bipartisan leadership of the Senate Finance Committee have released a draft legislative proposal to address prescription drug shortages and stabilize the supply of generic medications. The Committee is accepting comments on the proposal at [email protected] through June 6, 2024.The draft from Chairman Ron Wyden (D-Ore.) and Ranking Member Mike Crapo (R-Idaho) would establish a new program in Medicare for hospitals and physicians to incentivize transparent, reliable, and resilient purchasing practices across supply-chain participants, including by driving health care providers, intermediaries, and drug manufacturers to meet standards in securing a sustainable, high-quality supply of essential medicines for all patients. Requirements for program participants include:

• Minimum three-year contracts with manufacturers for generic drugs that present high shortage risks;
• Meaningful purchase volume commitments and stable pricing;
• Requirements for contingency contracts with alternate manufacturers to strengthen competition and prevent shortages from supply-chain disruptions;
• Prohibitions against anticompetitive practices; and
• Transparency around manufacturer quality control issues.

The proposal would also change the Medicaid Drug Rebate Program to enable reductions or waivers of the inflation rebate for certain generic drugs in the event of shortage risk.

 

Ways and Means Expected to Markup Telehealth Legislation-The House Ways and Means Committee is expected to mark up a two-year extension of the Medicare telehealth flexibilities first instituted in response to the COVID-19 pandemic. It remains unclear what temporary extension legislation the committee will vote on. Both the CONNECT for Health Act (H.R. 4189), introduced by Ways and Means member Mike Thompson (D-Calif.), and the Telehealth Modernization Act (H.R. 7623), introduced by Rep. Buddy Carter (R-Ga.), would make the pandemic-era rules permanent. Despite significant support from advocates and many lawmakers for making the telehealth regulations permanent, concerns remain about the high Congressional Budget Office score of such policy.

 

Klobuchar Requests Investigation into Health Data Analytics Firm-Sen. Amy Klobuchar (D-Minn.) is asking the Federal Trade Commission and the Department of Justice to investigate potentially anticompetitive behavior by MultiPlan, a health care data analytics firm. Recent reports have revealed MultiPlan’s role in helping health insurers determine medical payments for out-of-network claims and raised questions about possible price fixing. “While it is common for patients to pay different rates for out-of-network care, I am concerned that-rather than competing for business from employers by reducing these costs to employees-algorithmic tools are processing data gathered across numerous competitors to subvert competition among insurance companies,” Klobuchar writes. “The result is that instead of competing with each other, insurance companies are pushing additional hidden costs onto employees and patients.” Sen. Klobuchar introduced legislation earlier this year, the Preventing Algorithmic Collusion Act (S. 3686), which would prohibit the use of pricing algorithms that can facilitate collusion through the use of nonpublic competitor data.

 

United CEO Testifies on Change Healthcare Cyberattack-UnitedHealth Group’s CEO Andrew Witty testified before both the Senate Finance Committee and the Energy and Commerce Subcommittee on Oversight and Investigations last Wednesday to discuss the February Change Healthcare cyberattack and United’s response to the attack. Lawmakers questioned Witty about how the attack occurred, the number of Americans impacted by the resulting data breach, and the lessons learned in coordinating with federal agencies following the attack. The Change server infiltrated by the hackers was not protected by multifactor authentication, and the criminals accessed data potentially covering one-third of all Americans. Some lawmakers used the opportunity to argue against consolidation in the health care market, while others spoke in favor of minimum cybersecurity and data standards for the industry. Finance Chairman Ron Wyden (D-Ore.) stated that his panel is currently drafting legislation that would require larger health care companies to meet stronger cybersecurity standards, noting that his committee also has jurisdiction over issues impacting the Health Insurance Portability and Accountability Act (HIPAA).

 

Several days prior to Witty’s appearance before lawmakers, Sens. Elizabeth Warren (D-Mass.), Bill Cassidy (R-La.), and Richard Blumenthal (D-Conn.) sent a letterto the Cybersecurity and Infrastructure Security Agency (CISA) urging the agency to assess the cybersecurity landscape leading up to, and after, the Change attack. The lawmakers also requested details about CISA’s role in responding to the Change data breach, the broader risks posed by ransomware, and current efforts to combat it. Meanwhile, a group of congressional Democrats are also asking the Securities and Exchange Commission (SEC) to investigate the timing of stock sales by United’s chair and three executives. The sales in question occurred between October, when the company learned of an antitrust investigation, and February, when the antitrust probe was made public. The lawmakers ask SEC to review whether the antitrust investigation was material to investors and, if so, whether disclosures were sufficient.

 

Cassidy Urges White House to Detail Avian Flu Research Priorities-Senate Health, Education, Labor, and Pensions Committee Ranking Member Bill Cassidy, MD (R-La.) has sent a letterto the White House urging the Biden administration to issue a plan detailing its research priorities related to the H5N1 influenza (Avian Flu) outbreak. Cassidy highlights the importance of coordination across federal agencies, transparent communication about the spread and behavior of the virus, and the risks of jeopardizing public trust in the nation’s agriculture and food sectors. He calls on the President “to swiftly publish a prioritized list of research activities, including target timelines for generating results and communicating findings to the public” and to “make all relevant data and methodologies available to nonfederal scientists in an appropriate manner for validation.”

 

FDA Releases Final LDT Rule-The Food and Drug Administration (FDA) has finalized a rule to regulate laboratory-developed tests (LDTs) as medical devices. The regulation, which is aimed at ensuring the accuracy and reliability of LDTs, will be phased in over a four-year period. Lawmakers in Congress, including House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.), had previously called on the agency to rescind the proposed rule due to concerns about its impact on patient access to innovative diagnostics. “While the final rule is a slight improvement to the proposed rule, it will still increase costs and decrease access to diagnostics and medical tests that provide information crucial for doctors to treat their patients effectively…Moreover, finalizing this rule is inconsistent with President Biden’s goal of reducing cancer deaths. The FDA should abandon the rule, as it lacks the clear statutory authority to implement it,” Chair Rogers stated.

 

FSMB Adopts Guidance on Clinical Use of AI-The Federation of State Medical Boards (FSMB) has released a new report on Navigating the Responsible and Ethical Incorporation of Artificial Intelligence into Clinical Practice. The guidance suggests that physicians are ultimately responsible for their use of AI and should be held accountable for any harms that occur because of its use. FSMB discusses best practices for regulating the clinical use of AI, and recommends that state medical boards set accountability measures based on a tool’s risk to patients. “With focused efforts on the current and future state of the use of AI by licensees, state medical boards may sustain regulatory efficiency, achieve consistency across jurisdictions in the regulation of AI in clinical practice, help secure the benefits of AI, and proactively safeguard patients while upholding professional standards,” the report states.

 

Congressional Retirements and Resignations-New York state senator Timothy Kennedy (D) won the special election for New York’s 26^th congressional district last week. Kennedy will fill the seat vacated by former Rep. Brian Higgins (D), who resigned in February. Democrats now control 213 seats in the House of Representatives to Republicans’ 217 seats, with five vacancies remaining.

 

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	McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ	Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC	Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD	Curtis (R), UT
Blumenauer (D), OR	Luetkemeyer (R), MO
Kilmer (D), WA	Lamborn (R), CO
Spanberger (D), VA	Bucshon, MD (R), IN
Kildee (D), MI	Pence (R), IN
Phillips (D), MN	Duncan (R), SC
Cardenas (D), CA	Armstrong (R), ND
Eshoo (D), CA	McMorris Rodgers (R), WA
Manning (D), NC	Gallagher (R), WI (effective April 19, 2024)
Nickel (D), NC	LaTurner (R), KS
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

House Committee on Small Business hearing “Stifling Innovation: Examining the Impacts of Regulatory Burdens on Small Businesses in Healthcare;” 10:00 a.m.; May 8

 

Senate Budget Committee hearing “Reducing Paperwork, Cutting Costs: Alleviating Administrative Burdens in Health Care;” 10:00 a.m.; May 8

 

Senate Appropriations Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Subcommittee hearing “A Review of the President’s Fiscal Year 2025 Budget Request for the Food and Drug Administration;” 10:00 a.m.; May 8

 

Senate Health, Education, Labor, and Pensions Committee hearing “Feeding a Healthier America: Current Efforts and Potential Opportunities for Food is Medicine;” 2:30 p.m.; May 21

 

Recently Introduced Health Legislation

H.R.8128-To require health insurance coverage for scalp cooling items; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Energy and Commerce; Ways and Means; Education and the Workforce; Armed Services; Veterans’ Affairs; Oversight and Accountability

 

H.R.8134-To promote the leadership of the United States in global innovation by establishing a robust patent system that restores and protects the right of inventors to own and enforce private property rights in inventions and discoveries, and for other purposes; Sponsor: Massie, Thomas [Rep.-R-KY-4]; Committees: House-Judiciary

 

H.R.8137-To provide for an exception to the restrictions described in the Assisted Suicide Funding Restriction Act of 1997 with respect to certain States; Sponsor: Pettersen, Brittany [Rep.-D-CO-7]; Committees: House-Energy and Commerce; Ways and Means; Judiciary; Education and the Workforce; Oversight and Accountability; Natural Resources; Foreign Affairs

 

H.R.8144-To amend title III of the Public Health Service Act to include rural emergency hospitals in the definition of a covered entity for purposes of the 340B drug discount program; Sponsor: Bergman, Jack [Rep.-R-MI-1]; Committees: House-Energy and Commerce

 

H.R.8154-To amend title XVIII of the Social Security Act to extend telehealth services for federally qualified health centers and rural health clinics; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Energy and Commerce; Ways and Means

 

S.4204-A bill to amend title XIX of the Social Security Act to codify value-based purchasing arrangements under the Medicaid program and reforms related to price reporting under such arrangements, and for other purposes; Sponsor: Mullin, Markwayne [Sen.-R-OK]; Committees: Senate-Finance

 

S.4215-A bill to amend the Federal Food, Drug, and Cosmetic Act to establish new prohibited acts relating to dietary supplements; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Res.1180-Recognizing the importance of diversity, equity, and inclusion efforts in medical education; Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House-Energy and Commerce

 

H.Res.1181-Expressing support for designation of April as “National Donate Life Month” and expressing gratitude to all Americans who have registered to be organ and tissue donors; Sponsor: Costa, Jim [Rep.-D-CA-21]; Committees: House-Energy and Commerce

 

H.Res.1185-Designating the month of May as “National First Responder Month”; Sponsor: Newhouse, Dan [Rep.-R-WA-4]; Committees: House-Transportation and Infrastructure

 

H.R.8165-To amend title 38, United States Code, to establish qualifications for the appointment of a person as a marriage and family therapist, qualified to provide clinical supervision, in the Veterans Health Administration; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House-Veterans’ Affairs

 

H.R.8167-To require the Secretary of Defense to award grants to fund research on orthotics and prosthetics; Sponsor: Cartwright, Matt [Rep.-D-PA-8]; Committees: House-Armed Services

 

H.R.8168-To require the Secretary of Veterans Affairs to award grants to establish, or expand upon, master’s degree programs in orthotics and prosthetics, and for other purposes; Sponsor: Cartwright, Matt [Rep.-D-PA-8]; Committees: House-Veterans’ Affairs

 

S.4223-A bill to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, medication related to contraception, and for other purposes; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4226-A bill to decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Finance

 

S.4229-A bill to amend title XVIII of the Social Security Act to require that coinsurance for drugs under Medicare part D be based on the drug’s net price and not the drug’s list price; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate-Finance

 

S.4230-A bill to improve the tracking and processing of security and safety incidents and risks associated with artificial intelligence, and for other purposes; Sponsor: Warner, Mark R. [Sen.-D-VA]; Committees: Senate-Commerce, Science, and Transportation

 

S.4231-A bill to provide for the establishment of Medicare part E public health plans, and for other purposes; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate-Finance

 

S.4232-A bill to amend title 18, United States Code, to prohibit former employees of covered health agencies from serving on the board of entities involved in development and research of a drug, biological product, or device and from profiting from a drug, biological product, or device, and for other purposes; Sponsor: Vance, J. D. [Sen.-R-OH]; Committees: Senate-Judiciary

 

S.4236-A bill to authorize the Director of the National Science Foundation to identify grand challenges and award competitive prizes for artificial intelligence research and development; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Commerce, Science, and Transportation

 

H.R.8200-To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants to eligible entities to carry out construction or modernization projects designed to strengthen and increase capacity within the specialized pediatric health care infrastructure, and for other purposes; Sponsor: Cardenas, Tony [Rep.-D-CA-29]; Committees: House-Energy and Commerce

 

H.R.8202-To amend title 38, United States Code, to provide for a presumption of service-connection under the laws administered by the Secretary of Veterans Affairs for certain diseases associated with the COVID-19 vaccine that become manifest during the one-year period following the receipt of the vaccine, and for other purposes; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House-Veterans’ Affairs; Armed Services

 

H.R.8207-To provide for the establishment of Medicare part E public health plans, and for other purposes; Sponsor: Gomez, Jimmy [Rep.-D-CA-34]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means

 

H.R.8211-To amend title 18, United States Code, to prohibit former employees of covered health agencies from serving on the board of entities involved in development and research of a drug, biological product, or device and from profiting from a drug, biological product, or device, and for other purposes; Sponsor: Lesko, Debbie [Rep.-R-AZ-8]; Committees: House-Judiciary

 

H.R.8217-To amend part B of title XVIII of the Social Security Act to provide for a special enrollment period under Medicare for individuals enrolled in COBRA continuation coverage, and for other purposes; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House-Energy and Commerce; Ways and Means; Education and the Workforce

 

H.R.8220-To clarify coverage of occupational therapy under the Medicare program; Sponsor: Trone, David J. [Rep.-D-MD-6]; Committees: House-Ways and Means; Energy and Commerce

 

S.Res.675-A resolution promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2024, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaska Natives, Asian Americans, African Americans, Hispanics, and Native Hawaiians and other Pacific Islanders; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.J.Res.76-A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to “Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage”; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4238-A bill to amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants to eligible entities to carry out construction or modernization projects designed to strengthen and increase capacity within the specialized pediatric health care infrastructure, and for other purposes; Sponsor: Padilla, Alex [Sen.-D-CA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4246-A bill to improve menopause care and mid-life women’s health, and for other purposes; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.R.8223-To improve menopause care and mid-life women’s health, and for other purposes; Sponsor: Blunt Rochester, Lisa [Rep.-D-DE-At Large]; Committees: House-Energy and Commerce

 

H.R.8227-To amend title XVIII of the Social Security Act to remove in-person requirements under Medicare for mental health services furnished through telehealth and telecommunications technology; Sponsor: Hern, Kevin [Rep.-R-OK-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8235-To amend title XVIII of the Social Security Act to modify the distribution of certain additional graduate medical education positions under the Medicare program; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Ways and Means; Energy and Commerce