Month: July 2024

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

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

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

 

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

 

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

 

 

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

 

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

 

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

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

 

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

S.4741-A bill to amend title XVIII of the Social Security Act to provide a phase-in for plasma-derived products under the manufacturer discount program; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate-Finance

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

H.R.9101-To amend title XXXIII of the Public Health Service Act with respect to flexibility and funding for the World Trade Center Health Program; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Committees: House-Energy and Commerce; Budget

 

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

 

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

 

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

 

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

 

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

 

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

 

S.4767-A bill to amend the Patient Protection and Affordable Care Act to reduce fraudulent enrollments in qualified health plans, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

S.4785-A bill to amend the Federal Food, Drug, and Cosmetic Act to restrict direct-to-consumer drug advertising; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4791-A bill to amend title 38, United States Code, to require the consideration of continuity of health care in determining best medical interest under the Veterans Community Care Program, and for other purposes; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Veterans’ Affairs

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

H.R.9142-To amend the Federal Food, Drug, and Cosmetic Act to restrict direct-to-consumer drug advertising; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Energy and Commerce

 

H.R.9146-To amend title 38, United States Code, to require the consideration of continuity of health care in determining best medical interest under the Veterans Community Care Program, and for other purposes; Sponsor: Franklin, C. Scott [Rep.-R-FL-18]; Committees: House-Veterans’ Affairs

 

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

 

H.R.9157-To amend title XVIII of the Social Security Act to facilitate patient access to certain pediatric technologies; Sponsor: Joyce, John [Rep.-R-PA-13]; Committees: House-Energy and Commerce; Ways and Means

 

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

 

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

 

H.R.9177-To amend title 38, United States Code, to eliminate the requirement of a service-connected disability to furnish veterans with medical care outside of a State, and for other purposes; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House-Veterans’ Affairs

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

 

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

 

 

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

 

 

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

 

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

 

 

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

H.R.8889-To provide for the sunset of rules upheld based on Chevron deference; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Judiciary; Oversight and Accountability; Rules

 

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

 

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

 

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