Inauguration Day Moved Indoors

Inauguration Day Moved Indoors – Monday’s inauguration of President Donald Trump has been moved indoors due to the dangerously cold temperatures forecast for Washington, D.C.  “I have ordered the Inauguration Address, in addition to prayers and other speeches, to be delivered in the United States Capitol Rotunda, as was used by Ronald Reagan in 1985, also because of very cold weather,” Trump posted on Truth Social. “We will open Capital One Arena on Monday for LIVE viewing of this Historic event, and to host the Presidential Parade. I will join the crowd at Capital One, after my Swearing In,” he added. The inauguration ceremony will begin around 11:30 a.m. ET, with Trump’s swearing in expected to take place around noon.

 

E&C Organizes for the 119th Congress – The House Energy and Commerce Committee convened for the first time in the 119th Congress on Wednesday to hold an organizational meeting. During the meeting members adopted the rules of the committee and the six standing subcommittees. The panel’s health subcommittee will be chaired by Rep. Buddy Carter, BSPharm (R-Ga.). Rep. Diana DeGette (D-Colo.) will serve as the Health Subcommittee Ranking Member. The full Republican roster can be found here, and the Democratic roster can be found here. During his opening statement, Committee Chairman Brett Guthrie (R-Ky.) highlighted a number of priorities for the panel in the coming year, including restoring trust in public health, lowering the cost of health care, increasing price transparency, strengthening innovation, improving oversight of the Medicare and Medicaid programs, and addressing the opioid epidemic.

 

Republicans on the Health Subcommittee also met last week to discuss potential health care related savings to offset the Trump administration’s domestic policy agenda and extension of the 2017 tax cuts through the budget reconciliation process. Pay-for options include changes to the Medicaid program, pharmacy benefit manager reform, elimination of enhanced Affordable Care Act premium subsidies, and site-neutral payment policy.  The Energy and Commerce Committee is expected to be given a significant spending-reduction target during the budget reconciliation process given its policy jurisdictions.

 

Foreign Relations Chair Calls into Question Future of PEPFAR – Chair of the Senate Foreign Relations Committee Jim Risch (R-Idaho) has released a statement calling for an investigation into the Centers for Disease Control and Prevention’s (CDC) use of the President’s Emergency Plan for AIDS Relief (PEPFAR) program funding. The CDC recently disclosed that PEPFAR funds were used to pay health workers who had performed at least 21 abortions in Mozambique. While the procedure is legal in Mozambique, the long-standing Helms Amendment prohibits any U.S. funding from being used to provide or promote abortion overseas. According to the CDC, the Mozambique government has refunded the $4,100 in spending. “Those who have violated long-standing U.S. laws that protect life must be held accountable,” Risch stated. “This violation means that the future of the PEPFAR program is certainly in jeopardy. I will not support one dollar of American money going towards abortion anywhere in the world, and I will do all I can to ensure this never happens again.” PEPFAR’s current authorization is set to expire in March.

 

OH Lieutenant Governor to Fill VP’s Senate Seat – Ohio Governor Mike DeWine (R) has tapped his lieutenant governor Jon Husted (R) to temporarily fill the seat of Vice President-elect JD Vance in the U.S. Senate. A special election will be held in November 2026 to decide who will serve the remainder of Vance’s term through the end of 2028. Husted is a former state senator who previously served as Ohio’s secretary of state from 2011 to 2019.

 

MedPAC Votes on 2026 Payment Update Recommendations – The Medicare Payment Advisory Commission (MedPAC) voted last week to recommend a Medicare payment increase for physicians in 2026. The commission recommends that for calendar year 2026, Congress should replace the current-law updates to Medicare payment rates for physician and other health professional services with a single update equal to the projected increase in the Medicare Economic Index minus one percentage point, and establish safety-net add-on payments under the physician fee schedule for services delivered to low-income Medicare beneficiaries. MedPAC estimates that these changes would increase Medicare spending between $10 billion and $25 billion over five years. The commission also made 2026 payment update recommendations for hospital inpatient and outpatient services, skilled nursing facility services, home health agency services, inpatient rehabilitation facility services, outpatient dialysis services, and hospice services. MedPAC’s final recommendations will be included in the commission’s March 2025 report to Congress.

 

DEA Proposes Special Registration for Telemedicine Prescribing – The Drug Enforcement Administration (DEA) released a proposed rule entitled Special Registrations for Telemedicine and Limited State Telemedicine Registrations last week. The regulation proposes a special registration process for providers seeking to prescribe controlled substances virtually. It would establish three special registrations, depending on the type of practitioner or online platform seeking to prescribe or dispense controlled substances via telemedicine without an in-person patient visit. It would also require prescribers to do a comprehensive check of prescription drug monitoring programs across all 50 states. Under the proposed rule, the DEA would provide states with a list of all registered providers. The DEA has extended COVID-era telehealth flexibilities three times to allow many controlled substances to be prescribed without an in-person visit. The flexibilities are currently set to expire at the end of this year. The proposed rule is open for public comment for 60 days. It remains unclear whether the incoming Trump administration will move forward with finalizing the proposal. President Trump has yet to announce a nominee to lead the DEA after Sheriff of Hillsborough County Chad Chronister withdrew his name from consideration. In addition to the proposed virtual prescribing regulation, the DEA also issued two final rules last week, the first regarding access to buprenorphine treatment via telemedicine encounter, and the second dealing with continuity of care via telemedicine for Veterans Affairs patients.

 

HHS Announces Next Round of Drug Price Negotiations – The U.S. Department of Health and Human Services (HHS) announced the next 15 drugs chosen for the Medicare drug price negotiation program on Friday. The list of drugs subject to the second round of price talks are:

  • Ozempic; Rybelsus; Wegovy
  • Trelegy Ellipta
  • Xtandi
  • Pomalyst
  • Ibrance
  • Ofev
  • Linzess
  • Calquence
  • Austedo; Austedo XR
  • Breo Ellipta
  • Tradjenta
  • Xifaxan
  • Vraylar
  • Janumet; Janumet XR
  • Otezla

More than five million Medicare Part D beneficiaries used the chosen drugs between November 2023 and October 2024 according to HHS. The drugs represented approximately 14% of Part D spending – totaling $41 billion in gross costs — during that time. That percentage increases to 36% of total gross covered Part D spending when paired with the 10 drugs included in the first cycle of HHS price negotiations. The drug’s manufacturers have until February 28 to decide whether they will enter into negotiations with the government. Negotiations with participating drug companies for these 15 drugs will occur in 2025 and any negotiated prices will become effective in 2027. As established by the 2022 Inflation Reduction Act, HHS will select up to an additional 15 drugs for the third cycle of negotiation (including drugs covered under Part B and Part D), and up to 20 more drugs for each negotiation cycle after that.

 

FTC Releases Second PBM Report – The Federal Trade Commission (FTC) released an interim report last week examining how the nation’s top pharmacy benefit managers (PBMs) mark up prices of specialty generic medications.  The report specifically details how CVS Health, Cigna Group, and UnitedHealth Group generated more than $7.3 billion in revenue over six years by charging significantly more than the national average acquisition cost for 51 specialty generic drugs. The report also found that the specialty pharmacies owned by the three PBMs account for nearly 70% of all U.S. specialty drug revenue.  The interim report is the agency’s second study of PBM contracting practices. According to the FTC, the reports have not been finalized due the PBMs’ failure to provide information requested by the agency about their business practices. The FTC is currently preparing to file a lawsuit against the three companies for their refusal to comply with agency subpoenas.

 

USPSTF Adds Two Members – The U.S. Preventive Services Task Force (USPSTF) announced the addition of two new members last week. Alicia Fernandez, M.D. is a general internist, professor of medicine at the University of California, San Francisco (UCSF), associate dean of population health and health equity, and director of the UCSF Latinx Center of Excellence. Ericka Gibson, M.D., M.P.H. is a board-certified obstetrician-gynecologist with the Southeast Permanente Medical Group at Kaiser Permanente in Atlanta, Georgia and the physician program director for perinatal safety and quality. Their four-year terms begin this month.

 

More Health Professionals Weigh in on Kennedy Nomination – More than 700 physicians and public health experts have signed a letter to senators expressing opposition to the confirmation of Robert F. Kennedy Jr. as Secretary of HHS. The letter warns that the nominee’s “unfounded, fringe beliefs” on vaccines, COVID-19, HIV, and fluoridation “could significantly undermine public health practices across the country and around the world.” The letter was organized by Defend Public Health and Human Impact Partners. Kennedy has been on Capitol Hill in recent weeks meeting with members of both parties before his confirmation proceedings get underway; a spokesperson posted on X that Kennedy had completed his 50th Senate meeting on Thursday. Kennedy can only afford to lose three Senate GOP votes, assuming united Democratic opposition to his confirmation. No Senate Republicans have committed to opposing the HHS nominee. Hart Health Strategies Inc. continues to update its Trump Administration Personnel document to help you stay up to date with the latest additions to the new administration.

 

Upcoming Congressional Hearings and Markups

Senate Veterans’ Affairs Committee hearing to examine the nomination of Douglas A. Collins to be Secretary of Veterans Affairs; 10:00 a.m.; January 21

 

Senate Health, Education, Labor, and Pensions (HELP) Committee organizational business meeting; 10:00 a.m.; January 21

 

House Veterans’ Affairs Committee hearing “Restoring Focus: Putting Veterans First in Community Care;” 1:00 p.m.; January 22

 

Senate Veterans’ Affairs Committee business meeting to consider the nomination of Douglas A. Collins to be Secretary of Veterans Affairs; 9:00 a.m.; January 23

 

House Appropriations Committee organizational meeting; 10:00 a.m.; January 23

 

Recently Introduced Health Legislation

S.Con.Res.4 — A concurrent resolution expressing support for the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family and urging that the United States rejoin this historic declaration; Sponsor: Daines, Steve [Sen.-R-MT]; Committees: Senate – Foreign Relations

 

H.Con.Res.3 — Expressing support for the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family and urging that the United States rejoin this historic declaration; Sponsor: Jackson, Ronny [Rep.-R-TX-13]; Committees: House – Foreign Affairs

 

H.R.340 — To direct the Secretary of Health and Human Services carry out activities to streamline regulatory oversight of human cell and tissue products, and for other purposes; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.343 — To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes; Sponsor: Foxx, Virginia [Rep.-R-NC-5]; Committees: House – Energy and Commerce

 

S.92 — A bill to require Senate approval before the United States assumes any obligation under a WHO pandemic agreement and to suspend funding for the WHO until such agreement is ratified by the Senate; Sponsor: Barrasso, John [Sen.-R-WY]; Committees: Senate – Foreign Relations

 

H.R.392 — To amend the Internal Revenue Code of 1986 to create a tax credit for nurse preceptors; Sponsor: Kiggans, Jennifer A. [Rep.-R-VA-2]; Committees: House – Ways and Means

 

H.R.401 — To prohibit United States assessed and voluntary contributions to the World Health Organization; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Foreign Affairs

 

S.6 — A bill to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion; Sponsor: Lankford, James [Sen.-R-OK]; Latest Action: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

 

H.R.438 — To authorize the Secretary of Veterans Affairs to make grants to State and local entities to carry out peer-to-peer mental health programs; Sponsor: LaLota, Nick [Rep.-R-NY-1]; Committees: House – Veterans’ Affairs

 

H.R.439 — To amend title 38, United States Code, to require the Department of Veterans Affairs to furnish hospital care and medical services outside a State to veterans with service-connected disabilities rated as permanent and total, and for other purposes; Sponsor: LaLota, Nick [Rep.-R-NY-1]; Committees: House – Veterans’ Affairs

 

H.R.456 — To prohibit the provision of Federal funds to the National Institutes of Health for the purposes of conducting biological, medical, or behavioral research involving the testing of dogs; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Energy and Commerce

 

H.R.467 — 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

 

S.106 – A bill to amend title XVIII of the Social Security Act to provide Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license, and for other purposes; Sponsor: Cramer, Kevin [Sen.-R-ND]; Committees: Senate – Finance

 

S.121 — A bill to extend the statute of limitations for violations relating to pandemic-era programs to be 10 years; Sponsor: Lankford, James [Sen.-R-OK]; Committees: Senate – Judiciary

 

S.131 — A bill to amend the Internal Revenue Code of 1986 to create a tax credit for nurse preceptors; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate – Finance

 

S.139 — A bill to amend the Public Health Service Act to reauthorize and extend the Fetal Alcohol Spectrum Disorders Prevention and Services program, and for other purposes; Sponsor: Murkowski, Lisa [Sen.-R-AK]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.141 — A bill 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: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Finance

 

H.R.483 — To direct the Secretary of Health and Human Services to delay the implementation of electronic clinical quality metrics for accountable care organizations, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.497 — To amend title XIX of the Social Security Act to provide clarification with respect to the liability of third party payers for medical assistance paid under the Medicaid program, and for other purposes; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.498 — To amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for gender transition procedures for minors; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.500 — To amend title XVIII of the Social Security Act to remove the exclusion of Medicare coverage for hearing aids and examinations therefor, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.530 — To provide for a study by the National Academies of Sciences, Engineering, and Medicine on the prevalence and mortality of cancer among individuals who served as active duty aircrew in the Armed Forces, and for other purposes; Sponsor: Pfluger, August [Rep.-R-TX-11]; Committees: House – Veterans’ Affairs

 

H.R.538 — To amend title XVIII of the Social Security Act to remove the 96-hour physician certification requirement for inpatient critical access hospital services; Sponsor: Smith, Adrian [Rep.-R-NE-3]; Committees: House – Ways and Means

 

H.R.539 — To amend title XVIII of the Social Security Act to provide Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license, and for other purposes; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.541 — To require the Department of Defense to share best practices with, and offer training to, State and local first responders regarding how to most effectively aid victims who experience trauma-related injuries; Sponsor: Torres, Ritchie [Rep.-D-NY-15]; Committees: House – Armed Services

 

H.R.548 — To amend the Internal Revenue Code of 1986 to modernize health savings accounts; Sponsor: Van Duyne, Beth [Rep.-R-TX-24]; Committees: House – Ways and Means

 

H.R.553 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a patient outreach system relating to mental health care, and for other purposes; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House – Veterans’ Affairs

 

H.R.554 — To improve the provision of health care by the Department of Veterans Affairs, and for other purposes; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House – Veterans’ Affairs

Supreme Court to Hear Challenge to ACA’s Preventive Care Coverage Mandate

Supreme Court to Hear Challenge to ACA’s Preventive Care Coverage Mandate – The U.S. Supreme Court has agreed to review a Fifth Circuit Court of Appeals decision which found the U.S. Preventive Services Task Force (USPSTF) in violation of the Constitution because its members are not subject to Senate confirmation. The case will determine the constitutionality of the Affordable Care Act’s no-cost coverage mandate of certain preventive care services, including pre-exposure prophylaxis (PrEP), heart statins, and other disease and cancer screenings. The no-cost coverage mandates are based on recommendations from the USPSTF. While the appellate court’s ruling only blocked the mandates from applying to the challengers in the specific lawsuit – a Texas business and several individuals – both the plaintiffs and the Biden administration had asked the Supreme Court to take up the case. The court is expected to hear the case this spring.

 

Confirmation Hearings Begin for Trump Nominees – President-elect Donald Trump’s executive nominees will begin testifying before Senate committees this week. The confirmation hearings that have been scheduled so far include:

  • Veteran Affairs Secretary nominee Doug Collins before the Veterans’ Affairs Committee on January 14
  • Defense Secretary nominee Pete Hegseth before the Armed Services Committee on January 14
  • Interior Secretary nominee Doug Burgum before the Energy and Natural Resources Committee on January 14
  • Homeland Security Secretary nominee Kristi Noem before the Homeland Security and Governmental Affairs Committee on January 15
  • Attorney General nominee Pam Bondi before the Judiciary Committee on January 15 and 16
  • Secretary of State nominee Marco Rubio before the Foreign Relations Committee on January 15
  • Director of the Central Intelligence Agency nominee John Ratcliffe before the Select Committee on Intelligence on January 15
  • Transportation Secretary nominee Sean Duffy before the Commerce, Science, and Transportation Committee on January 15
  • Energy Secretary nominee Chris Wright before the Energy and Natural Resources Committee on January 15
  • Director of the Office of Management and Budget nominee Russell Vought before the Homeland Security and Governmental Affairs Committee on January 15
  • Housing and Urban Development Secretary nominee Scott Turner before the Banking, Housing, and Urban Affairs Committee on January 16
  • Environmental Protection Agency Administrator nominee Lee Zeldin before the Enviornment and Public Works Committee on January 16
  • Treasury Secretary nominee Scott Bessent before the Finance Committee on January 16

 

Robert F. Kennedy Jr., nominee for Secretary of the U.S. Department of Health and Human Services, has been on Capitol Hill in recent days meeting with members of both parties before his confirmation proceedings get underway. While Kennedy has yet to receive any Senate Democratic endorsements, his meetings with Senate Republicans have been largely positive, with members characterizing the nominee’s views on issues such as vaccines and food production as more reasonable than expected. Senate Finance Committee Chair Mike Crapo (R-Idaho) expects Kennedy’s confirmation hearing to take place the last week of January. The panel is awaiting paperwork from the incoming administration’s transition team. While the Finance Committee is responsible for advancing Kennedy’s nomination to the full Senate for consideration, the Senate Health, Education, Labor, and Pensions (HELP) Committee also plans to hear testimony from Kennedy. HELP Chair Bill Cassidy (R-La.) has similarly stated that he is waiting for finalized documentation to schedule the hearing.

 

Hart Health’s Trump Administration Personnel document, which is updated on an ongoing basis, can be found here.

 

Republicans Consider Path Forward on Reconciliation – House Budget Committee Chair Jodey Arrington (R-Texas) has released a document cataloging policy options to balance the federal budget and reduce deficits by $14.2 trillion over the next 10 years. The menu of policy options includes $2.8 trillion in Medicaid and Medicare policy changes and hundreds of billions in potential savings from changes to the Affordable Care Act. The committee is seeking input on the document from the GOP conference as Republicans work to coalesce around an approach to budget reconciliation that will allow them to extend the 2017 tax cuts that are set to expire at the end of 2025.

 

Arrington has said that the first procedural vote on a budget resolution to jumpstart the reconciliation process could take place as early as the last week in February. He has also noted that the policies included in reconciliation legislation will ultimately be driven by committee chairs.  While discussions around provisions to include in an eventual reconciliation package are still in the early stages, House Energy and Commerce Committee Chair Brett Guthrie (R-Ky.) recently stated that he is exploring the possibility of a federal Medicaid spending cap. Guthrie is specifically considering a per capita allotment tied to the rate of medical inflation that caps Medicaid spending after a certain amount.

 

Senate and House Republicans remain at odds over whether to pass one or two reconciliation bills. Speaker Mike Johnson (R-La.) is pushing for a single reconciliation package, while Senate Majority Leader John Thune (R-S.D.) favors a sequencing strategy that would first focus on border security and energy measures, followed by a second package of tax and spending provisions later in the year. After separate meetings last week with both Speaker Johnson and President-elect Donald Trump, Thune confirmed that Republicans are united on policy goals but are still divided on the strategy for accomplishing them.

 

Health Leaders Work to Revive Year-End Package – Chairman of the House Energy and Commerce Subcommittee on Health Buddy Carter (R-Ga.) stated last week that he is in talks to revive the health package included in the initial bipartisan government funding bill proposed last December. The 500-page deal was ultimately dropped from the scaled back continuing resolution passed by Congress. The bill included a two-year extension of telehealth flexibilities originally authorized during the COVID-19 pandemic, a one-year, 3.53% increase to Medicare bonuses for alternative payment model participation, an increase to Medicare physician payments of 2.5% for 2025, reforms to the pharmacy benefit manager industry, and reauthorization of the SUPPORT Act and the Pandemic and All-Hazards Preparedness Act. Carter has said that he is in talks with House leadership about passing the measure either as a standalone bill or as a part of a budget reconciliation package, and GOP Doctors Caucus Chair Greg Murphy (R-N.C.) has confirmed that there have been discussions about consideration of the measure under suspension of the rules.

 

Senate Panel Releases Bipartisan Report on Private Equity and Health Care – The Senate Budget Committee has released a bipartisan report on the role of private equity in health care. The report stems from a staff review of more than one million pages of documents during the 118th Congress and focuses on two private equity firms: Apollo and Leonard Green & Partners, and their associated hospital operators, Lifepoint Health and Prospect. The report asserts that the firms have prioritized their financial goals over quality of care, and details problems with respect to private equity investment in health care, including underinvestment in hospital infrastructure, understaffing, and the pursuit of financial gains through leveraged buyouts and dividend extractions to the detriment of patients and hospital operations. The report concludes by calling into question “the compatibility of private equity’s profit-driven model with the essential role hospitals play in public health.”

 

Updates to Congressional Committee Assignments – Seven new Democrats are joining the House Energy and Commerce Committee for the 119th Congress: Reps. Alexandria Ocasio-Cortez (N.Y.), Jake Auchincloss (Mass.), Troy Carter (La.), Rob Menendez (N.J.), Kevin Mullin (Calif.), Greg Landsman (Ohio), and Jennifer McClellan (Va.). The House Ways and Means Committee will see the addition of Rep. Brendan Boyle (D-Pa.) and Del. Stacy Plaskett (D-V.I.). Both panels have significant jurisdiction over health care related issues.

 

HHS Releases AI Roadmap – The U.S. Department of Health and Human Services (HHS) has released its strategic plan for the use of artificial intelligence (AI). The roadmap aims to improve the quality, safety, efficiency, accessibility, equitability, and outcomes of health and human services through the innovative, safe, and responsible use of AI. The strategic plan specifically focuses on four key goals:

  • Catalyze health AI innovation and adoption to unlock new ways to use AI to improve people’s lives;
  • Promote trustworthy AI development and ethical and responsible use to avoid potential harm;
  • Democratize AI technologies and resources to promote equitable access for all; and
  • Cultivate AI-empowered workforces and organizational cultures to allow staff to make the best use of AI.

 

Upcoming Congressional Hearings and Markups

Senate Veterans’ Affairs Committee hearing to examine the expected nomination of the Honorable Douglas A. Collins to be Secretary of Veterans Affairs; 9:00 a.m.; January 14

 

House Ways and Means Committee organizational meeting; 10:00 a.m.; January 14

 

Senate Special Committee on Aging hearing to examine improving wellness among seniors, focusing on setting a standard for the American Dream; 3:30 p.m.; January 14

 

Recently Introduced Health Legislation

H.R.193 — To direct the Secretary of Health and Human Services to issue guidance on payment under the Medicare program for certain items involving artificial intelligence; Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.191 — To repeal the Inflation Reduction Act of 2022; Sponsor: Ogles, Andrew [Rep.-R-TN-5]; Committees: House – Ways and Means; Energy and Commerce; Agriculture; Natural Resources; Financial Services; Science, Space, and Technology; Transportation and Infrastructure; Oversight and Accountability

 

H.R.169 — To amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices; Sponsor: Levin, Mike [Rep.-D-CA-49]; Committees: House – Ways and Means

 

H.R.149 — To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – House Administration; Veterans’ Affairs

 

H.R.138 — To amend the Internal Revenue Code of 1986 to allow expenses for parents to be taken into account as medical expenses, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Ways and Means

 

H.R.136 — To direct the Secretary of Veterans Affairs to conduct an independent review of the deaths of certain veterans by suicide, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Veterans’ Affairs

 

H.R.129 — To abolish the Bureau of Alcohol, Tobacco, Firearms and Explosives; Sponsor: Boebert, Lauren [Rep.-R-CO-4]; Committees: House – Judiciary

 

H.R.128 — To require the Assistant Secretary for the Countering Weapons of Mass Destruction Office of the Department of Homeland Security to treat illicit fentanyl as a weapon of mass destruction, and for other purposes; Sponsor: Boebert, Lauren [Rep.-R-CO-4]; Committees: House – Homeland Security

 

H.R.127 — To amend the Internal Revenue Code of 1986 to provide an exemption to the individual mandate to maintain health coverage for individuals residing in counties with fewer than 2 health insurance issuers offering plans on an Exchange; to require Members of Congress and congressional staff to abide by the Patient Protection and Affordable Care Act with respect to health insurance coverage; and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means; Energy and Commerce; House Administration; Oversight and Accountability

 

H.R.124 — To amend title XIX of the Social Security Act to provide incentives for education on the risk of renal medullary carcinoma in individuals who are receiving medical assistance under such title and who have sickle cell disease; Sponsor: Green, Al [Rep.-D-TX-9]; Committees: House – Energy and Commerce

 

H.R.121 — To prohibit agencies from issuing vaccine passports, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; House Administration

 

H.R.120 — To prohibit COVID19 vaccination mandates, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; House Administration; Energy and Commerce

 

H.R.119 — To prohibit any entity that receives Federal funds from the COVID relief packages from mandating employees receive a COVID19 vaccine, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; Energy and Commerce

 

H.R.114 — To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce; Ways and Means; Education and the Workforce; Natural Resources; Judiciary; House Administration; Rules; Appropriations

 

H.R.111 — To amend the Internal Revenue Code of 1986 to allow an above-the-line deduction for health insurance premiums; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

 

H.R.109 — To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Veterans’ Affairs

 

H.R.99 — To require a particular jury instruction in Federal civil actions that include a claim for damages based on negligence arising from the transmission of COVID19; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Judiciary

 

H.R.91 — To abolish the Agency for Toxic Substances and Disease Registry, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.90 — To amend title XXVII of the Public Health Service Act to provide for a definition of short-term limited duration insurance, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.89 — To repeal the authority of the Food and Drug Administration to require that drugs be dispensed only upon prescription, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.88 — To amend the Federal Food, Drug, and Cosmetic Act to exempt from regulation as devices non-invasive diagnostic devices, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.87 — To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.81 — To prohibit the imposition of mask mandates on public transportation; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Transportation and Infrastructure; Energy and Commerce; Homeland Security

 

H.R.79 — To nullify certain Executive orders regarding COVID-19 vaccine mandates and to prohibit the Secretary of Labor from issuing a rule mandating vaccination against COVID-19, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; Education and the Workforce; Energy and Commerce; Ways and Means

 

H.R.78 — To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Judiciary; Energy and Commerce

 

H.R.74 — To amend the Internal Revenue Code of 1986 to allow for tax-advantaged distributions from health savings accounts during family or medical leave, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

 

H.R.73 — To amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

 

H.R.72 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish hyperbaric oxygen therapy to veterans with traumatic brain injury or post-traumatic stress disorder; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Veterans’ Affairs

 

H.R.71 — To direct the Secretary of Veterans Affairs to carry out a pilot program to improve the ability of veterans to access medical care in medical facilities of the Department of Veterans Affairs and in the community by providing the veterans the ability to choose health care providers; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Veterans’ Affairs

 

H.R.54 — To direct the President to withdraw the United States from the Constitution of the World Health Organization, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Foreign Affairs

 

H.R.49 — To prohibit the use of Federal funds for the HHS Reproductive Healthcare Access Task Force; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.48 — To amend the Public Health Service Act to ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.44 — 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.27 — To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Energy and Commerce; Judiciary

 

H.R.21 — To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion; Sponsor: Wagner, Ann [Rep.-R-MO-2]; Committees: House – Judiciary

 

H.Res.10 — Amending the Rules of the House of Representatives to establish a Committee on Health as a standing committee of the House; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – Rules

 

H.Res.7 — Recognizing the importance of access to comprehensive, high-quality, life-affirming medical care for women of all ages; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

 

H.R.210 — To amend title 38, United States Code, to require the Secretary of Veterans Affairs to furnish dental care in the same manner as any other medical service, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.211 — To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.219 — 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.220 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide coverage for infertility treatment and standard fertility preservation services, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.233 — To prohibit the availability of Federal funds to institutions of higher education that conduct painful biomedical research on dogs and cats; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House – Education and Workforce

 

H.R.238 — To amend the Federal Food, Drug, and Cosmetic Act to clarify that artificial intelligence and machine learning technologies can qualify as a practitioner eligible to prescribe drugs if authorized by the State involved and approved, cleared, or authorized by the Food and Drug Administration, and for other purposes; Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House – Energy and Commerce

 

S.36 — A bill to protect the seniors of the United States, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Rules and Administration

 

S.43 — A bill to amend title 35, United States Code, to provide for a safe harbor from infringement of a method of use patent relating to drugs or biological products; Sponsor: Hickenlooper, John W. [Sen.-D-CO]; Committees: Senate – Judiciary

 

S.46 — A bill to amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate – Finance

 

S.47 — A bill to provide for regulations on protecting statutory conscience rights in health care; Sponsor: Hawley, Josh [Sen.-R-MO]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.241 — To amend title 38, United States Code, to provide for access standards with respect to the provision by the Department of Veterans Affairs of hospital care, medical services, or extended care services that are applicable to certain veterans with mental disorders; Sponsor: Yakym, Rudy [Rep.-R-IN-2]; Committees: House – Veterans’ Affairs

 

H.R.244 — To amend title 10, United States Code, to provide eligibility for TRICARE Select to veterans with service-connected disabilities, and for other purposes; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Armed Services; Veterans’ Affairs

 

H.R.247 — To amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House – Ways and Means

 

H.R.267 — To amend the Public Health Service Act to provide for hospital and insurer price transparency; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – Energy and Commerce

 

H.R.271 — To provide for a moratorium on Federal funding to Planned Parenthood Federation of America, Inc.; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Energy and Commerce

 

H.R.274 — 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 Government Reform; Rules

 

H.R.290 — To reauthorize the Distance Learning and Telemedicine Program of the Department of Agriculture; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House – Agriculture

 

H.R.297 — To prohibit the availability of Federal funds to institutions of higher education that conduct painful biomedical research on dogs and cats; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House – Education and Workforce

 

H.R.305 — To authorize the Secretary of Education to carry out a grant program to assist local educational agencies with ensuring that each elementary and secondary school has at least one registered nurse on staff; Sponsor: Wilson, Frederica S. [Rep.-D-FL-24]; Committees: House – Education and Workforce; Energy and Commerce

 

H.R.307 — To amend titles XVIII and XIX of the Social Security Act to provide for coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries under the Medicare and Medicaid programs without the imposition of cost-sharing requirements, and for other purposes; Sponsor: McIver, LaMonica [Rep.-D-NJ-10]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.317 — To amend the Internal Revenue Code of 1986 to create health freedom accounts available to all individuals; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Ways and Means

 

H.R.330 — To direct the Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation, to conduct a study on existing efforts of hospitals with respect to electronic automated referrals for purposes of organ donation, and for other purposes; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House – Energy and Commerce

Johnson Reelected House Speaker

Johnson Reelected House Speaker – Republican Representative Mike Johnson (R-La.) was reelected speaker of the House on Friday. Johnson narrowly secured the speakership with 218 votes to House Democratic Leader Hakeem Jeffries’ (D-N.Y.) 215 votes. Two last-minute conservative holdouts – Reps. Keith Self (R-Texas) and Ralph Norman (R-S.C.) – switched their votes to Johnson after initially voting for other candidates. The lawmakers faced pressure from President-elect Donald Trump to drop their opposition to Johnson, and were offered assurances from Johnson that he would “involve members at every level.” Rep. Thomas Massie (R-Ky.) was ultimately the only Republican to vote in opposition to Johnson. While the GOP will control the White House and both chambers of Congress come Inauguration Day, Johnson will lead the House of Representatives with the slimmest margin of control either party has held since 1930.

 

The House also adopted a rules package for the 119th Congress last week. The package is largely in line with the chamber’s rules from the 118th Congress, with several notable amendments. The threshold to oust the speaker of the House has been raised to nine members of the majority party. Former Speaker Kevin McCarthy (R) was voted out of leadership under a motion to vacate threshold of just a single majority member. The rules package also includes a provision to limit votes on suspensions measures — which require two-thirds support for passage — to just Mondays, Tuesdays and Wednesdays, as well as provisions to maintain the Select Committee on the Chinese Communist Party and direct the House Administration Committee, the House clerk, the chief administrative officer, and other officials to continue to integrate AI technologies into House operations and functions. The rules package tees up consideration of a dozen measures under a closed rule without any committee process, including legislation to require health care providers to provide necessary medical care to a child who survives an abortion attempt, as well as a bill to permanently classify fentanyl-related substances as Schedule I drugs.

 

The National Weather Service has issued a winter storm warning for the District of Columbia, with snowfall forecast from late Sunday through early Tuesday. Congress is due to certify the results of the November presidential election tomorrow. “The Electoral Count Act requires this on January 6 at 1 p.m. – so, whether we’re in a blizzard or not we’re going to be in that chamber making sure this is done,” Johnson stated over the weekend.

 

Former President Jimmy Carter Dies at Age 100 – Former President Jimmy Carter (D), the 39th president of the United States, passed away on December 29 at the age of 100. During his presidency Carter prioritized efforts to improve the nation’s mental health care system. Early in his term, President Carter established the Presidential Commission on Mental Health, building upon similar efforts he initiated while serving as governor of Georgia. Later in his presidency, Carter advocated for a National Health Plan aimed at creating a framework for achieving universal health coverage. After leaving office, Carter devoted himself to philanthropy, most notably through his work with Habitat for Humanity and the establishment of the Carter Center, which has focused on the elimination of preventable diseases. In 2002, Carter was awarded the Nobel Peace Prize for his tireless work to promote human rights, facilitate peace negotiations, and advance social welfare. The former president will lie in state at the Capitol from the afternoon of January 7 through the morning of January 9; the building will be open to the public during designated times for those who wish to pay their respects. A memorial service will be held at the Washington National Cathedral on January 9. Federal offices and financial markets will be closed on Thursday in observation of a national day of mourning, while flags will be flown at half-staff at the White House and government offices and grounds for 30 days.

 

Republicans Begin Outlining Agendas for 119th Congress – Sen. John Thune (R-S.D.) pledged to preserve the legislative filibuster during his first remarks as the new Senate majority leader on the floor last week. He also stated his intention to bring appropriations bills to the floor for votes during his leadership tenure. Thune previewed his agenda for the chamber’s first 10 weeks in session, outlining his plans to focus first on confirmation of President Donald Trump’s nominations. Senators were sworn in on Friday with the commencement of the 119th Congress. Sen. Chuck Grassley (R-Iowa) was sworn in as president pro tempore.

 

In the House of Representatives, leadership has told members that they will attempt to tie a $1.5 trillion increase to the nation’s debt limit to $2.5 trillion in spending cuts over the next decade. The GOP will try to advance the proposal via the budget reconciliation process. GOP leadership did not specify what spending would be targeted for cuts. The 2023 suspension of the debt limit expired on January 1, but the Treasury Department can extend the effective deadline, likely until mid-2025, through the use of so-called extraordinary measures to temporarily keep the government from defaulting on its debt.

 

Updates to Congressional Committee Assignments – Senate Democratic Leader Chuck Schumer (D-N.Y.) has announced Senate Democrat committee assignments for the 119th Congress. Of note are changes that will impact congressional panels with health care jurisdiction. Joining the Health, Education, Labor, and Pensions (HELP) Committee are newly elected senators Angela Alsobrooks (Md.), Lisa Blunt Rochester (Del.), and Andy Kim (N.J.). Sens. Ben Ray Luján (N.M.) and Tina Smith (Minn.) will depart the HELP Committee but join the Finance Committee, along with Sens. Bernie Sanders (I-Vt.), Raphael Warnock (Ga.), and Peter Welch (Vt.), who are also joining Finance.

 

Lawmakers Consider Next Steps for 21st Century Cures – Rep. Diana DeGette (D-Colo.) and former Rep. Larry Bucshon, M.D. (R-Ind.) have released a roadmap of next steps for the Cures 2.0 Act and the 21st Century Cures initiative. The lawmakers issued a request for information last year that received more than 300 responses and recommendations to further innovation and access to quality health care. According to a press release from Rep. DeGette’s office, a potential “Cures 2.1” update would aim to:

  • Create an environment that enables the rapid and appropriate deployment of innovative technologies to improve health outcomes;
  • Build a health care infrastructure that enables information sharing, continuous evidence gathering, and implementation of new knowledge; and
  • Foster innovations that improve public health, promote patient-centric care, reduce the burden of chronic disease, and conserve valuable resources.

 

Make America Healthy Again Caucus Established in the House – Reps. Vern Buchanan (R-Fla.), John Joyce, M.D. (R-Pa.), and Lloyd Smucker (R-Pa.) announced the formation of a Make America Healthy Again (MAHA) Caucus. The caucus will “focus on supporting Americans in living long, healthy and fulfilling lives through access to affordable, high-quality foods while improving access to primary care.” The establishment of the House caucus follows the recent formation of a MAHA Caucus in the Senate led by Sen. Roger Marshall, M.D. (R-Kan.), Tommy Tuberville (R-Ala.), Rick Scott (R-Fla.), Cynthia Lummis (R-Wyo.) and Ron Johnson (R-Wis.).

 

Recently Introduced Health Legislation

S.Res.938 — A resolution expressing the sense of the Senate that it is the duty of the Federal Government to dramatically expand and strengthen the care economy; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.3 — A bill to amend title XVIII of the Social Security Act to waive cost-sharing for advance care planning services, and for other purposes; Sponsor: Warner, Mark R. [Sen.-D-VA]; Committees: Senate – Finance

 

S.5640 — A bill to amend the Internal Revenue Code of 1986 to protect children’s health by denying any deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Finance

 

H.R.10548 — To amend the Internal Revenue Code of 1986 to protect children’s health by denying any deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House – Ways and Means; Education and the Workforce