Month: June 2024

Senate Appropriations Timing Announced, Murray Pushes for Increase in Nondefense Spending-Senate appropriators will begin the process of marking up fiscal year 2025 government funding bills the week of July 8, according to an announcement from Appropriations Chair Patty Murray (D-Wash.) last week. Murray delivered a floor speech on Tuesday calling for an increase in nondefense discretionary funding beyond the 1% increase agreed upon in the 2023 debt limit deal. Murray specifically discussed the impact of a 1% increase on medical research, arguing that “One percent means we are blunting momentum for lifesaving biomedical breakthroughs. The National Institutes of Health (NIH) is looking at a $280 million shortfall as Cures Act funding tapers off. That absolutely cannot be filled with a 1% bump. And that’s on top of the $678 million in NIH Cures Act funding that already expired last year-that we couldn’t make up for because of the caps. There are countless patients who would be devastated to hear that totally arbitrary spending caps are stifling research that could save their life.”

Drug Patent Bill Receives Favorable CBO Score-The Affordable Prescriptions for Patients Act (S.150) which would reform the drug patent system and increase generic competition is estimated to save $3 billion over the next decade, according to the bill’s new score from the Congressional Budget Office (CBO). Supporters of the bipartisan legislation, introduced by Sen. John Cornyn (R-Texas) and Richard Blumenthal (D-Conn.), are pushing for its inclusion in a year-end health care package. The bill specifically aims to curtail the use of product hopping and patent thickets. The latest CBO savings projection is three times higher than the agency’s 2022 estimate. The legislation was advanced by the Senate Judiciary Committee in a bipartisan vote last year.

Wyden, Senate Dems Release Bill to Address Labor and Delivery Unit Closures-Senate Finance Committee Chairman Ron Wyden (D-Ore.) released draft legislation last week that aims to prevent additional closures of hospital labor and delivery units in rural and underserved areas. The Keep Obstetrics Local Act would increase Medicaid payments for labor and delivery care, provide standby payments to support low-volume hospitals, and require Medicaid coverage of 12 months of postpartum care nationwide. Wyden was joined by fifteen Senate Democrats in releasing the proposal. A summary and section by section of the draft bill can be found here. Legislative text can be found here.

Democrats Push Administration to Improve Transparency of ERISA Plan Benefit Denials-House Education and the Workforce Committee Ranking Member Bobby Scott (D-Va.) and Health, Employment, Labor, and Pensions Subcommittee Ranking Member Mark DeSaulnier (D-Calif.) have sent a letter to the Department of Labor raising concerns about benefit denials by employer-based health plans. The letter highlights recent media investigations into systemic denials of health benefits by insurers and third-party administrators that prevent workers and their families from accessing needed health care services. Health plans subject to the Employee Retirement Income Security Act (ERISA), which cover more than 130 million Americans, are required to submit an annual report known as Form 5500 to the Department of Labor with information about their financial status and operations. Scott and DeSaulnier urge the Department to improve Form 5500 to ensure that necessary data regarding benefit denials is collected and to close loopholes that currently exempt millions of ERISA-covered plans from compliance with disclosure requirements.

CBO Releases Updated Data on 340B Spending-The Congressional Budget Office (CBO) has released new data on 340B drug discount program spending. CBO’s analysis found that spending on cancer treatments, immunosuppressants, and anti-infective agents comprised 70% of total program spending in 2021, up from 58% in 2010. The analysis also found that 88% of the growth in program spending stems from drugs prescribed by hospitals and their affiliated clinics. CBO notes that only a portion of the growth in 340B spending can be explained by market wide trends or by disproportionate growth in spending on certain classes of drugs; other factors that may have contributed to the growth in 340B spending include integration of hospitals and clinics, expanded facility participation due to the Affordable Care Act; and expanded use of contract pharmacies.

CMS to Discontinue Change Accelerated Payment Program-The Centers for Medicare and Medicaid Services (CMS) has announced that it will discontinue the Change Healthcare/Optum Payment Disruption program on July 12. The program was initiated following the February cyberattack on Change Healthcare to support providers experiencing cash flow disruptions. CMS has ultimately issued more than $2.55 billion in accelerated payments to more than 4,200 Medicare Part A providers, and more than $717.18 million in accelerated payments to 4,722 Part B suppliers. More than 96% of the payments made through the program have already been recovered.

FDA Releases Draft Interchangeability Guidance-The Food and Drug Administration (FDA) released a draft guidance on Friday that proposes to eliminate study requirements for demonstrating that biosimilar drugs are interchangeable with their FDA-licensed reference product. The agency asserts that since the publication of their 2019 interchangeability guidance, experience has demonstrated that the safety or diminished efficacy risk following a switch between a reference product and biosimilar is insignificant. “Health care professionals and patients can be confident in the safety and effectiveness of a biosimilar product, whether or not it has also been approved as an interchangeable biosimilar, just as they would be for an originator biologic,” the FDA said in a statement. Comments on the draft guidance are due August 20.

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

Upcoming Congressional Hearings and Markups

House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust hearing “Follow the Science?: Oversight of the Biden COVID-19 Administrative State Response;” 10:00 a.m.; June 26

House Veterans’ Affairs Subcommittee on Health hearing “The Continuity of Care: Assessing the Structure of VA’s Healthcare Network;” 2:15 p.m.; June 26

House Ways and Means Subcommittee on Health hearing “Improving Value-Based Care for Patients and Providers;” 3:00 p.m.; June 26

House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies markup of FY 2025 Labor, Health and Human Services, Education, and Related Agencies bill; 8:00 a.m.; June 27

House Energy and Commerce markup of the American Privacy Rights Act; 10:00 a.m.; June 27

Recently Introduced Health Legislation

H.Res.1301-Expressing support for the inaugural Heart Recovery Awareness Day on February 20, 2025; Sponsor: Moulton, Seth [Rep.-D-MA-6]; Committees: House-Energy and Commerce

H.R.8749-To amend title XVIII of the Social Security Act to promote preparedness and Medicare beneficiary access to safer, more accurate sterile intravenous drug preparations through automated hospital infrastructure; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Ways and Means

H.R.8756-To establish the Chief Artificial Intelligence Officers Council, Chief Artificial Intelligence Officers, and Artificial Intelligence Coordination Boards, and for other purposes; Sponsor: Connolly, Gerald E. [Rep.-D-VA-11]; Committees: House-Oversight and Accountability; Science, Space, and Technology

H.R.8763-To provide grants to States to encourage the implementation and maintenance of firearms licensing requirements, and for other purposes; Sponsor: Pressley, Ayanna [Rep.-D-MA-7]; Committees: House-Judiciary

H.R.8764-To require the Attorney General to make publicly available a list of federally licensed firearms dealers with a high number of short time-to-crime firearm traces, and to prohibit Federal departments and agencies from contracting with such dealers; Sponsor: Raskin, Jamie [Rep.-D-MD-8]; Committees: House-Judiciary; Oversight and Accountability

H.R.8767-To amend title XIX of the Social Security Act to remove the exclusion from medical assistance under the Medicaid program of items and services for patients in an institution for mental diseases; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Energy and Commerce

H.R.8768-To authorize the Attorney General to make grants available to support State, Tribal, and local firearm destruction activities, and for other purposes; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House-Judiciary

H.R.8771-Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2025, and for other purposes; Sponsor: Diaz-Balart, Mario [Rep.-R-FL-26]; Committees: House-Appropriations

S.4554-A bill to express support for protecting access to reproductive health care after the Dobbs v. Jackson decision on June 24, 2022; Sponsor: Murray, Patty [Sen.-D-WA]; Latest Action: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time

S.4556-A bill to amend title 38, United States Code, to establish the Office of Falls Prevention of the Department of Veterans Affairs, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Veterans’ Affairs

S.Res.738-A resolution expressing support for the designation of June 19, 2024, 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.4575-A bill to amend the Older Americans Act of 1965 to require the Assistant Secretary for Aging to make available to States, area agencies on aging, and service providers information and technical assistance to support the provision of evidence-informed practices that are likely to improve health outcomes, and for other purposes; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

S.4577-A bill to amend the Older Americans Act of 1965 to require the Assistant Secretary for Aging to publish on an online portal information on national resource centers authorized or supported under such Act, and for other purposes; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

S.4578-A bill to amend the Older Americans Act of 1965 to require reports to Congress on State Long-Term Care Ombudsman Programs, and for other purposes; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

S.4581-A bill to require the Secretary of State, in coordination with the Secretary of Health and Human Services, the Administrator of the United States Agency for International Development, and such other heads of departments and agencies as the Secretary of State considers appropriate, to formulate a strategy for the Federal Government to secure support from foreign countries, multilateral organizations, and other appropriate entities to facilitate the development and commercialization of qualified pandemic or epidemic products, and for other purposes; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate-Foreign Relations

S.4583-A bill to amend the Federal Food, Drug, and Cosmetic Act to extend the authority of the Secretary of Health and Human Services to issue priority review vouchers to encourage treatments for rare pediatric diseases; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

S.4587-A bill to amend the Public Health Service Act to include rural emergency hospitals in the definition of a covered entity for purposes of the drug discount program under section 340B of such Act; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate-Health, Education, Labor, and Pensions

S.4592-A bill to amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Deputy Assistant Secretary for Minority Health, to award grants to faith- or community-based organizations to address persistent health inequities and chronic disease challenges; Sponsor: Gillibrand, Kirsten E. [Sen.-D-NY]; Committees: Senate-Health, Education, Labor, and Pensions

H.Res.1304-Expressing support for the designation of June 19, 2024, 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: Davis, Danny K. [Rep.-D-IL-7]; Committees: House-Energy and Commerce

H.Res.1306-Expressing support for the designation of June 21, 2024, 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.Res.1307-Expressing support for the designation of June 20, 2024, as “World FSHD Day”; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Energy and Commerce

H.Res.1310-Expressing support for the designation of the month of June 2024 as “National Post-Traumatic Stress Awareness Month” and June 27, 2024, as “National Post-Traumatic Stress Awareness Day”; Sponsor: Peters, Scott H. [Rep.-D-CA-50]; Committees: House-Armed Services; Veterans’ Affairs

H.R.8776-To amend the Internal Revenue Code of 1986 to treat membership in a health care sharing ministry as a medical expense, and for other purposes; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Ways and Means

S.4612-A bill to ensure that the background check system used for firearms purchases denies a firearm to a person prohibited from possessing a firearm by a lawful court order governing the pretrial release of the person; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Judiciary

S.4614-A bill to direct the Secretary of Health and Human Services and the Secretary of Education to coordinate and distribute educational materials and resources regarding artificial intelligence and social media platform impact, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

S.4616-A bill to establish a public health plan; Sponsor: Bennet, Michael F. [Sen.-D-CO]; Committees: Senate-Finance

House Passes First FY 2025 Appropriations Bill-The House of Representatives passed the first of the 12 annual appropriations measures last week. The fiscal year (FY) 2025 Military Construction-Veterans Affairs (VA) appropriations bill (H.R.5850) passed in a 209-197 vote. The House adopted an amendment to the bill from Rep. Brian Mast (R-Fla.) to end restrictions that currently prevent VA staff from recommending medical marijuana as a treatment option in states where it is legal to do so. While the White House has stated that the President would veto the legislation, which contains limits on federal diversity programs and cuts for military construction, the bill will serve as the starting point for House Republicans in bicameral government funding negotiations later this year. The Senate has not yet announced its FY 2025 appropriations plans. Congress has until the end of the fiscal year on September 30 to pass appropriations legislation or agree on a stopgap spending bill to keep the federal government open. Lawmakers will be in session only a limited number of weeks between now and the November election-both chambers are scheduled to recess for all of August and October, and for two weeks in July for the July 4^th holiday and Republicans’ national convention.

Senate Republicans Block Vote on Contraception Bill-Republicans in the Senate blocked consideration of legislation (S.4381) that would codify Americans’ right to access contraception last week. Sens. Lisa Murkowski (R-Alaska) and Susan Collins (R-Maine) were the only Republicans to vote in favor of the Right to Contraception Act. The bill failed on a 51-39 procedural vote, with 60 votes necessary for advancement. Congressional Democrats are attempting to put Republicans on the record on issues related to reproductive rights ahead of the November elections. Republicans argued that the measure is unnecessary and stated that Democrats are “fearmongering on this important issue to score cheap points.” Senate Democrats plan to bring up legislation (S.4445) that would create a federal right to in vitro fertilization services for a vote this week. The bill would require employer-sponsored insurance plans to cover fertility treatments.

Wyden Urges HHS to Strengthen Health Sector Cybersecurity-Senate Finance Committee Chairman Ron Wyden (D-Ore.) is urging the U.S. Department of Health and Human Services (HHS) to take immediate, enforceable steps to require large health care companies to improve their cybersecurity practices. Wyden argues that HHS’ failure to regulate the cybersecurity practices of major health care providers like UnitedHealth Group resulted in what has been described as the worst cyberattack against the sector in U.S. history-the February cyberattack against Change Healthcare. Wyden specifically suggests that HHS: (1) require minimum, mandatory technical cybersecurity standards for systemically important entities (SIEs); (2) require SIEs to meet resiliency requirements; (3) conduct periodic cybersecurity audits of covered entities and business associates as part of the audits required by Section 13411 of the HITECH Act; and (4) provide technical assistance on cybersecurity to health care providers.

Democrats Press for Release of Mental Health Parity Final Rule-A group of Senate Democrats have sent a letter to the White House urging administration officials to finalize regulations aimed at improving enforcement of statutory mental health parity requirements. The lawmakers highlight evidence of how insurers are failing to meet the requirements of the Mental Health Parity and Addiction Equity Act of 2008 and how this failure has impacted the nation’s ongoing mental health and substance use disorder crisis. They argue that the proposed regulations issued by the Biden administration last summer “will close existing loopholes in the law, expand narrow networks, and prohibit restrictive practices that prevent families from accessing care…These commonsense parity rules will help Americans suffering from mental health conditions or substance use disorder, reduce costs for taxpayers, and save lives.” The letter was led by Sen. Chris Murphy (D-Conn.) and signed by Sens. Peter Welch (D-Vt.), Alex Padilla (D-Calif.), Ed Markey (D-Mass.), Amy Klobuchar (D-Minn.), and Ben Ray Lujan (D-N.M.). The Treasury Department has indicated that it aims to finalize the rules sometime this month.

GAO Provides Status Update on HHS Recommendations-The Government Accountability Office (GAO) released a letter it sent to the U.S. Department of Health and Human Services (HHS) highlighting the 35 open recommendations for the department that the GAO has identified as high priority. The recommendations cover the following seven areas: public health emergency preparedness, public health and human services program oversight, Food and Drug Administration oversight, the Medicaid program, the Medicare program, improper payments in Medicaid and Medicare, and health care infrastructure, information technology, and cybersecurity. The agency highlights that since May 2023, HHS has implemented seven recommendations identified as high priority-including strengthening domestic production of medical supplies and incorporating expert feedback on COVID-19 data collection-while five recommendations have been closed due to no longer being valid.

Texas Congresswoman Announces Cancer Diagnosis-Rep. Sheila Jackson Lee (D-Texas) announced that she has been diagnosed with pancreatic cancer. The Congresswoman is currently undergoing treatment. While she expects to be occasionally absent from Congress, Jackson Lee stated that she will work with congressional leadership to be present for any critical votes in the House of Representatives.

Menendez Files to Run as Independent-Sen. Bob Menendez (N.J.) has filed to run for reelection to the Senate as an independent. Menendez is currently on trial for federal bribery charges in New York, and had announced earlier this year that he would not seek the Democratic nomination to pursue a fourth term in the Senate. Menendez clarified that his decision to run as an independent does not mean that he is changing political parties. U.S. Representative Andy Kim (D-N.J.) won the state’s Democratic primary election last Tuesday.

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

Upcoming Congressional Hearings and Markups

House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies markup; 6:00 p.m.; June 11

House Appropriations Committee markup of FY 2025 State, Foreign Operations, and Related Programs and Homeland Security bills; 9:00 a.m.; June 12

Senate Judiciary Committee “Combatting the Youth Vaping Epidemic by Enhancing Enforcement Against Illegal E-Cigarettes;” 10:00 a.m.; June 12

Senate Finance Committee “Youth Residential Treatment Facilities: Examining Failures and Evaluating Solutions;” 10:00 a.m.; June 12

House Veterans’ Affairs Committee “A Call to Action: Meeting the Needs of the Spinal Cord Injury and Disorders (SCI/D) Veteran Community;” 9:30 a.m.; June 13

House Budget Committee “Medicare and Social Security: Examining Solvency and Impacts to the Federal Budget;” 10:00 a.m.; June 13

House Energy and Commerce Subcommittee on Health “Checking-In on CMMI: Assessing the Transition to Value-Based Care;” 10:00 a.m.; June 13

Recently Introduced Health Legislation

S.Res.716-A resolution expressing support for the designation of June 7, 2024, as “National Gun Violence Awareness Day” and June 2024 as “National Gun Violence Awareness Month”; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Judiciary

S.4436-A bill to improve the safety of infant formula through testing of infant formula for microorganisms and toxic elements, and for other purposes; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate-Health, Education, Labor, and Pensions

S.4437-A bill to require the Secretary of Veterans Affairs to carry out a pilot program to coordinate, navigate, and manage care and benefits for veterans enrolled in both the Medicare program and the system of annual patient enrollment of the Department of Veterans Affairs; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

S.4445-A bill to protect and expand nationwide access to fertility treatment, including in vitro fertilization; Sponsor: Duckworth, Tammy [Sen.-D-IL]; Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

H.Res.1270-Supporting the designation of June, as “Brain and Spine Metastasis Awareness Month”; Sponsor: Foushee, Valerie P. [Rep.-D-NC-4]; Committees: House-Energy and Commerce

H.Res.1271-Expressing support for the designation of June 7, 2024, as “National Gun Violence Awareness Day” and June 2024 as “National Gun Violence Awareness Month”; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House-Judiciary

H.Res.1273-Designating a day in May 2024, as “Disability Reproductive Equity Day”; Sponsor: Pressley, Ayanna [Rep.-D-MA-7]; Committees: House-Energy and Commerce

H.R.8599-To amend the Internal Revenue Code of 1986 to include over-the-counter oral healthcare products as qualified medical expenses which can be purchased with HSA and FSA funds; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House-Ways and Means

H.R.8601-To amend the Public Health Service Act to provide for and support liver illness visibility, education, and research, and for other purposes; Sponsor: Velazquez, Nydia M. [Rep.-D-NY-7]; Committees: House-Energy and Commerce

S.Res.718-A resolution expressing the sense of the Senate that the United States Government should immediately place a moratorium on all federally funded gain-of-function research given the increased safety concerns; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Health, Education, Labor, and Pensions

S.Res.724-A resolution designating May 2024 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.J.Res.91-A joint resolution 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: Lankford, James [Sen.-R-OK]; Committees: Senate-Finance

S.4447-A bill to allow women greater access to safe and effective oral contraceptive drugs intended for routine use, and to direct the Comptroller General of the United States to conduct a study on Federal funding of contraceptive methods; Sponsor: Ernst, Joni [Sen.-R-IA]; Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

H.R.8614-To authorize the National Academies of Sciences, Engineering, and Medicine to carry out a study to examine the potential relationship between increased health risks and living in proximity to sites that have been or are being mined for surface coal deposits, and the potential human health effects of surface coal mining operations in Central Appalachia, and for other purposes; Sponsor: McGarvey, Morgan [Rep.-D-KY-3]; Committees: House-Natural Resources

S.Res.725-A resolution affirming the legal status of contraception following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022); Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate-Judiciary

S.Res.726-A resolution designating June 6, 2024, 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.4469-A bill to improve the understanding of, and promote access to treatment for, chronic kidney disease, and for other purposes; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Committees: Senate-Finance

H.R.8633-To amend title 10, United States Code, to direct the Secretary of Defense to limit copayments for outpatient visits for mental health or behavioral health under the TRICARE program, and for other purposes; Sponsor: Houlahan, Chrissy [Rep.-D-PA-6]; Committees: House-Armed Services

Bipartisan Working Group Releases GME Proposal-Senate Finance Committee Chairman Ron Wyden (D-Ore.), along with seven members of the Bipartisan Medicare Graduate Medical Education (GME) Working Group, released a policy outline last week aimed at strengthening the Medicare GME program and addressing physician workforce shortages. The framework focuses particularly on shortages in primary care and psychiatry, and on how the distribution of physicians across the nation can be improved to better care for rural and underserved communities. The paper was released with the support of Sens. John Cornyn (R-Texas), Robert Menendez (D-N.J.), Bill Cassidy (R-La.), Michael Bennet (D-Colo.), Thom Tillis (R-N.C.), Catherine Cortez Masto (D-Nev.), and Marsha Blackburn (R-Tenn.). The lawmakers are requesting feedback be submitted by June 24.

Finance, HELP Leaders Request Briefing From MultiPlan-Senate Finance Committee Chairman Ron Wyden (D-Ore.) and Health, Education, Labor, and Pensions (HELP) Committee Chairman Bernie Sanders (I-Vt.) have sent a letter to the CEO of MultiPlan, a health care data analytics firm, about the operation of the company’s business model. A recent report from the New York Times revealed MultiPlan’s role in helping health insurers determine medical payments for out-of-network claims and raised questions about possible price fixing. “We are concerned that your company’s Data iSight product improperly drives up patient health care costs and, further, that the financial incentives built into the fee for the use of the Data iSight product result in an improper conflict of interest between determining a plan’s liability for out-of-network claims and the plan’s duty to provide promised benefits pursuant to ERISA,” the letter states. The chairmen request that MultiPlan meet with committee staff on the allegations contained in the New York Times investigation published on April 7^th.

Number of Health Care Data Breaches Increasing-There were 226 health care data breaches in the first quarter of 2024, a 44% increase over the same time period last year, according to the latest data from the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR). The breaches compromised the data of 17.6 million patients. OCR’s data does not include the Change Healthcare attack that took place in February, which UnitedHealth Group has estimated may have impacted a third of Americans. In related news, Sen. Ron Wyden (D-Ore.) is asking the Federal Trade Commission and the Securities and Exchange Commission to further investigate cybersecurity and technology failures by UnitedHealth Group to determine whether any laws were broken in the events leading up to the hack of Change Healthcare. The hack “caused substantial harm to consumers, investors, the health-care industry and US national security,” Wyden writes in the letter, and the breach was “completely preventable and the direct result of corporate negligence.”

E&C Members Introduce 340B Reform Legislation-Reps. Larry Bucshon, MD (R-Ind.), Buddy Carter, BSPharm (R-Ga.), and Diana Harshbarger, PharmD (R-Tenn.) introduced legislation last week aimed at ensuring access and transparency in the 340B drug pricing program. The 340B ACCESS Act (H.R. 8574) would clarify the intent of the 340B program “to provide for manufacturer price reductions that enable covered entities, whose mission is to serve underserved or otherwise vulnerable communities, to increase access to affordable drugs and health services for these communities.” The bill also contains provisions to:

• Ensure 340B prescriptions are offered to patients at a discount.
• Update the 340B patient definition with strong safeguards.
• Establish clear criteria for 340B contract pharmacy arrangements to improve access.
• Prevent middlemen and for-profit entities from profiting off the 340B program.
• Update and strengthen 340B hospital eligibility requirements.
• Address standards for 340B child sites and subgrantee eligibility.
• Create a neutral 340B claims data clearinghouse.
• Facilitate public reporting on 340B program data.
• Establish enforceable rules and enhance federal administration and oversight of the 340B program.

The bill’s sponsors all serve on the House Energy and Commerce Committee, the committee of jurisdiction. The Subcommittee on Oversight and Investigation will hold a hearing on Tuesday, June 4 titled “Oversight of 340B Drug Pricing Program.”

GAO Issues Report on Medicaid MCOs Use of Prior Authorization-The Government Accountability Office (GAO) issued a report last week warning that Medicaid managed care organizations (MCOs) may be denying children access to early screening tests to which they are entitled. The report, which was requested by House Energy and Commerce Committee Ranking Member Frank Pallone (D-N.J.), attests that the Centers for Medicare and Medicaid Services’ (CMS) requirements around plans’ use of prior authorization are not clearly defined. GAO recommends that CMS provide written expectations for state monitoring of plans’ prior authorization decisions and claims denials, and to more clearly define when plans can mandate prior authorization for screening, diagnostic, and treatment services when it is not required by the state. Pallone stated that GAO’s findings will be used to inform Democrats’ ongoing investigation into the use of prior authorization and its impact on access to care.

Manchin Registers as Independent-Sen. Joe Manchin announced his decision leave the Democratic Party last week. Manchin officially filed as an independent on Friday. “My commitment to do everything I can to bring out country together has led me to register as an independent with no party affiliation,” Manchin posted on the social platform X. Manchin has served in the Senate since 2010 and announced in November that he would not be running for reelection later this year. However, there is some speculation that his announcement could lead to a decision to run as an Independent for the US Senate which has a filing deadline of August 1.

Congressional Retirements and Resignations-Oregon state representative Maxine Dexter, MD has won the Democratic primary in the race to replace retiring Rep. Earl Blumenauer (D-Ore.). Dexter is a pulmonologist and critical care medicine specialist. She is expected to win November’s general election to represent Oregon’s heavily Democratic 3^rdcongressional district in the House of Representatives.

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

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

Senate Health, Education, Labor, and Pensions Committee hearing “The Assault on Women’s Freedoms: How Abortion Bans Have Created a Health Care Nightmare Across America;” 10:00 a.m.; June 4

House Energy and Commerce Subcommittee on Oversight and Investigations hearing “Oversight of the 340B Drug Pricing Program;” 10:30 a.m.; June 4

House Natural Resources Subcommittee on Energy and Mineral Resources legislative hearing on H.R. 6395, Recognizing the Importance of Critical Minerals in Healthcare Act of 2023; 10:30 a.m.; June 4

Senate Special Committee on Aging and Veterans’ Affairs Committee “Heroes at Home: Improving Services for Veterans and their Caregivers;” 10:00 a.m.; June 5

Recently Introduced Health Legislation

H.R.8570-To establish a pharmacy program to award grants for safe in-home drug disposal and practical medication safety education, and for other purposes; Sponsor: Hudson, Richard [Rep.-R-NC-9]; Committees: House-Energy and Commerce

H.R.8571-To require the Attorney General to establish a grant program to assist with the medical expenses of qualified working dogs, and for other purposes; Sponsor: James, John [Rep.-R-MI-10]; Committees: House-Judiciary; Armed Services; Veterans’ Affairs

H.Res.1264-Expressing support for the designation of May 2024 as “National Brain Tumor Awareness Month”; Sponsor: Quigley, Mike [Rep.-D-IL-5]; Committees: House-Energy and Commerce

H.R.8574-To amend the Public Health Service Act to reform the 340B drug pricing program, and for other purposes; Sponsor: Bucshon, Larry [Rep.-R-IN-8]; Committees: House-Energy and Commerce; Ways and Means

H.R.8575-To amend title XIX of the Social Security Act to revise the definition of institution for mental diseases under the Medicaid program to exclude from such definition institutions having 36 beds or less if such institutions meet certain standards; Sponsor: Goldman, Daniel S. [Rep.-D-NY-10]; Committees: House-Energy and Commerce

H.R.8576-To amend title XVIII of the Social Security Act to establish a new criterion for the nonapplication of site-neutral payments to long-term care hospitals under the Medicare program; Sponsor: Hern, Kevin [Rep.-R-OK-1]; Committees: House-Ways and Means