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