Month: February 2025

Senate Confirms RFK Jr. as HHS Secretary – Robert F. Kennedy Jr. was sworn in as Secretary of the U.S. Department of Health and Human Services (HHS) on Thursday. The Senate confirmed Kennedy earlier that day by a vote of 52-48. Sen. Mitch McConnell (R-Ky.) was the only Republican to join the Democratic caucus in opposing RFK’s confirmation on the Senate floor. McConnell is a childhood polio survivor who has repeatedly expressed concerns about the new HHS secretary’s history of questioning the safety of scientifically proven vaccines.

 

President Signs EO to Establish MAHA Commission – President Donald Trump signed an executive order on Thursday launching the Make America Healthy Again Commission. The new commission, which will be chaired by HHS Secretary Robert F. Kennedy Jr., is charged with assessing the current state of pediatric chronic disease and releasing a strategy to address the issue within 180 days. The order specifically contains the following directives for federal agencies:

• All federally funded health research should empower Americans through transparency and open-source data, and should avoid or eliminate conflicts of interest that skew outcomes and perpetuate distrust;
• The National Institutes of Health and other health-related research funded by the federal government should prioritize gold-standard research on the root causes of why Americans are getting sick;
• Agencies shall work with farmers to ensure that United States food is the healthiest, most abundant, and most affordable in the world; and
• Agencies shall ensure the availability of expanded treatment options and the flexibility for health insurance coverage to provide benefits that support beneficial lifestyle changes and disease prevention.

 

Budget Committees Mark Up FY 2025 Budget Resolutions – The House and Senate Budget committees began the budget reconciliation process last week, each marking up separate fiscal year 2025 budget resolutions. The Senate Budget Committee advanced its blueprint for a reconciliation bill focused on border security, the military, and domestic energy production in an 11-10 party line vote. To fully offset the $85.5 billion package, the resolution outlines minimum savings to be achieved by each congressional committee. The resolution requires that the Senate Finance Committee and the Senate Health, Education, Labor, and Pensions Committee each report changes in law that reduce the deficit by at least $1 billion over the next ten years.

 

The House fiscal blueprint was approved in a 21-16 party line vote. The House’s budget resolution calls for $880 billion in savings over the next decade to come from the Energy and Commerce Committee. Energy and Commerce Chair Brett Guthrie (R-Ky.) has stated that GOP leadership is deferring to committee leaders on exactly how this spending target will be reached. House Speaker Mike Johnson (R-La.) indicated that the chamber will vote on adopting the resolution before the end of the month. The House will reconvene following the chamber’s President’s Day recess on February 24.

 

 

E&C Republicans Form Data Privacy Working Group – Republican leaders of the House Energy and Commerce Committee announced the formation of a data privacy working group last week. The group, which will be led by Vice Chair John Joyce, MD (R-Pa.), plans to explore a framework for the creation of a national data privacy standard. The working group will also include Reps. Morgan Griffith (Va.), Troy Balderson (Ohio), Jay Obernolte (Calif.), Russell Fry (S.C.), Nick Langworthy (N.Y.), Tom Kean (N.J.), Craig Goldman (Texas), and Julie Fedorchak (N.D.). Stakeholders interested in engaging with the working group can reach out to [email protected] for more information.

 

Senate Dems Urge White House to Protect Medicare, Medicaid – More than 30 Senate Democrats have signed a letter to the Trump administration expressing concern about the Department of Government Efficiency’s (DOGE) recent visit to the Centers for Medicare and Medicaid Services (CMS) during which DOGE representatives gained access to CMS’ payment and contracting systems. The letter, led by Sens. Ed Markey (D-Mass.) and Elizabeth Warren (D-Mass.), warns that it is “dangerously unacceptable” that DOGE leader Elon Musk has access to sensitive CMS systems. “Masquerading as a false crusade against waste, fraud, and abuse, Musk appears intent to break the programs that seniors, people with disabilities, children, and families rely on to get their health care,” the senators write. They express opposition to any efforts by the administration to cut or damage the Medicare or Medicaid programs.

 

Court Temporarily Blocks New NIH Funding Policy – A federal court has granted a temporary restraining order barring the nationwide implementation of the White House’s attempt to reduce funding for research supported by the National Institutes of Health (NIH). A hearing date is scheduled for February 21. The Trump administration had directed the NIH to cut funding for extramural research by capping the maximum indirect cost rate at 15%. Such rates average nearly 30%, though some universities have negotiated rates over 60%. The NIH estimates that the cuts would save about $4 billion annually. Twenty-two states filed a lawsuit in response to the change, arguing that the cap is in violation of statute protecting negotiated indirect cost rates. The proposed cap on indirect costs has been met with widespread opposition by Democrats on Capitol Hill but has garnered a more mixed reaction amongst Republicans. Chair of the Senate Appropriations Subcommittee on Labor-Health and Human Services Shelley Moore Capito (R-W.Va.) responded that indirect costs need to be brought “in line with what would be considered reasonable cost share.” Senate Appropriations Committee Chair Susan Collins (R-Maine), however, stated that the cuts “would be devastating, stopping vital biomedical research and leading to the loss of jobs” and noted that the move was in violation of the appropriations package passed by Congress last March, which included language prohibiting the use of funds to modify indirect costs.  In fact, each of the appropriations bills since the third quarter of fiscal year 2017 have included language prohibiting deviations from negotiated indirect costs rates. That language was enacted following a proposal from the first Trump administration to cap indirect costs at 10 percent, which lawmakers rejected.

 

MN Sen. Smith Announces Plans to Retire – Sen. Tina Smith (D-Minn.) announced last week that she does not plan to seek reelection next year. Smith has served in the Senate since 2018, when she was appointed to fill the seat of Sen. Al Franken (D) following his resignation. She currently serves on the Senate Finance Committee. Smith is the second Senate Democrat – along with Sen. Gary Peters (D-Mich.) – to announce their forthcoming retirement.

 

Rep. Larson Experiences Seizure on House Floor – Rep. John Larson (D-Conn.) experienced a seizure on the House floor last Tuesday. According to a statement from Larson on social media, the lawmaker was seen by the House Attending Physician after his speech momentarily paused on the House floor. It was determined that the cause of the problem was a complex partial seizure. “Fifteen years ago, I had a heart valve replacement due to a variation in the shape of my aortic valve that I was born with,” Larson’s statement explained. “Sometimes, people with this condition can later develop symptoms such as the momentary change in speech or movement that was apparent yesterday.”

 

HHS Personnel Update – President Trump announced several new nominees for positions at HHS last week.

• Gustav Chiarello III was tapped to serve as HHS Assistant Secretary for Financial Resources. Chiarello is senior special counsel at the House Judiciary Committee and a visiting fellow at the Tech and Public Policy Program at Georgetown’s McCourt School of Public Policy. He previously worked as an antitrust attorney at the Federal Trade Commission.
• Gary Andres has been nominated to serve as HHS Assistant Secretary for Legislation. Andres is currently Republican Staff Director for the House Budget Committee. He previously served in the George W. Bush and George H.W. Bush administrations.
• Michael Stuart has been nominated to serve as HHS General Counsel. Stuart is a Republican West Virginia State Senator.

 

 

Upcoming Congressional Hearings and Markups

Senate Veterans’ Affairs Committee hearing to consider the nomination of The Honorable Paul Lawrence, Ph.D. to be Deputy Secretary of Veterans Affairs; 9:30 a.m.; February 19

 

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “From Reset to Rollout: Can the VA EHRM Program Finally Deliver?” 3:00 p.m.; February 24

 

Recently Introduced Health Legislation

H.R.1143 — To amend title XVIII of the Social Security Act to expand coverage of the in-home administration of intravenous immune globulin under the Medicare program. Sponsor: Smith, Adrian [Rep.-R-NE-3]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1142 — To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish drug adherence guidelines, and for other purposes. Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House – Energy and Commerce

 

H.R.1140 — To amend the Internal Revenue Code of 1986 to allow individuals with direct medical care service arrangement to remain eligible individuals for purposes of health savings accounts, and for other purposes. Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Ways and Means

 

H.R.1127 — To establish a demonstration program to provide payments on eligible loans for individuals who are eligible for the National Health Service Corps Loan Repayment Program. Sponsor: Kustoff, David [Rep.-R-TN-8]; Committees: House – Energy and Commerce

 

H.R.1126 — To require a study on public health impacts as a consequence of the February 3, 2023, train derailment in East Palestine, Ohio. Sponsor: Joyce, David P. [Rep.-R-OH-14]; Committees: House – Energy and Commerce

 

H.R.1123 — To abolish the United States Agency for International Development, and for other purposes. Sponsor: Greene, Marjorie Taylor [Rep.-R-GA-14]; Committees: House – Foreign Affairs; Appropriations

 

H.R.1120 — To abolish the John E. Fogarty International Center for Advanced Study in the Health Sciences. Sponsor: Gill, Brandon [Rep.-R-TX-26]; Committees: House – Energy and Commerce

 

H.R.1117 — 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.1108 — To amend the Public Health Service Act to direct the Secretary of Health and Human Services to develop a plan to improve the development and distribution of diagnostic tests during a public health emergency, and for other purposes. Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce

 

S.494 — A bill to establish a national plan to coordinate research on epilepsy, and for other purposes; Sponsor: Schmitt, Eric [Sen.-R-MO]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.500 — A bill to reauthorize certain programs under the SUPPORT for Patients and Communities Act, and for other purposes; Sponsor: McConnell, Mitch [Sen.-R-KY]; Committees: Senate – Banking, Housing, and Urban Affairs

 

S.501 — A bill to require the Secretary of Health and Human Services to develop a strategy for public health preparedness and response to artificial intelligence threats, and for other purposes; Sponsor: Budd, Ted [Sen.-R-NC]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.502 — A bill to amend title XVIII of the Social Security Act to restore State authority to waive for certain facilities the 35-mile rule for designating critical access hospitals under the Medicare program, and for other purposes; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate – Finance

 

H.R.1153 — To amend title XVIII of the Social Security Act to support rural residency training funding that is equitable for all States, and for other purposes; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1157 — To allow individuals to elect to receive contributions to a health savings account in lieu of reduced cost-sharing under health insurance obtained through a health insurance Exchange; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1160 — To amend the Internal Revenue Code of 1986 to clarify the treatment of locum tenens physicians and advanced care practitioners as independent contractors to help alleviate physician shortages, including in underserved areas; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Ways and Means

 

H.R.1162 — To facilitate direct primary care arrangements under Medicaid; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.1171 – To amend title XVIII of the Social Security Act to include physical therapists and occupational therapists as health professionals for purposes of the annual wellness visit under the Medicare program, and for other purposes; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1178 — To amend the Federal Food, Drug, and Cosmetic Act to add alpha-gal to the definition of “major food allergen”; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Energy and Commerce

 

S.506 — A bill to require the Secretary of Veterans Affairs to carry out a pilot program to coordinate, navigate, and manage care and benefits for veterans enrolled in both the Medicare program and the system of annual patient enrollment of the Department of Veterans Affairs; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

 

S.521 — A bill to amend title XVIII of the Social Security Act to waive certain distance requirements for certain hospitals electing to be designated as critical access hospitals; Sponsor: Fischer, Deb [Sen.-R-NE]; Committees: Senate – Finance

 

S.523 — A bill to amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for the administrative costs of providing health benefits to individuals who are unauthorized immigrants; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Finance

 

S.526 — A bill to prevent unfair and deceptive acts or practices and the dissemination of false information related to pharmacy benefit management services for prescription drugs, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Commerce, Science, and Transportation

 

S.527 — A bill to require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Judiciary

 

S.529 — A bill to limit cost-sharing for prescription drugs, and for other purposes; Sponsor: Warnock, Raphael G. [Sen.-D-GA]; Committees: Senate – Health, Education, Labor, and Pensions

 

H.R.1189 — To establish a national plan to coordinate research on epilepsy, and for other purposes; Sponsor: Costa, Jim [Rep.-D-CA-21]; Committees: House – Energy and Commerce

 

H.R.1191 — To amend title XVIII of the Social Security Act to waive certain distance requirements for certain hospitals electing to be designated as critical access hospitals; Sponsor: Flood, Mike [Rep.-R-NE-1]; Committees: House – Ways and Means

 

H.R.1195 — To amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for the administrative costs of providing health benefits to individuals who are unauthorized immigrants; Sponsor: Hudson, Richard [Rep.-R-NC-9]; Committees: House – Energy and Commerce

 

H.R.1196 — To prohibit the use of Federal funds to eliminate the United States Agency for International Development; Sponsor: Jacobs, Sara [Rep.-D-CA-51]; Committees: House – Foreign Affairs

 

H.R.1197 — To reauthorize the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Energy and Commerce

 

H.R.1201 — To amend the Immigration and Nationality Act to increase the number of physicians who may be provided Conrad 30 waivers; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House – Judiciary

 

H.R.1219 — To amend the Internal Revenue Code of 1986 to include over-the-counter oral healthcare products as qualified medical expenses which can be purchased with HSA and FSA funds; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Ways and Means

 

H.R.1221 — To amend titles II and XVIII of the Social Security Act to establish a Social Security Surplus Protection Account in the Federal Old-Age and Survivors Insurance Trust Fund to hold the Social Security surplus and a Medicare Surplus Protection Account in the Federal Hospital Insurance Trust Fund to hold the Medicare surplus, to provide for suspension of investment of amounts held in such Accounts until enactment of legislation providing for investment of the Trust Funds in investment vehicles other than obligations of the United States, and to establish a Social Security and Medicare Part A Investment Commission to make recommendations for alternative forms of investment of the Social Security and Medicare surpluses; Sponsor: Walberg, Tim [Rep.-R-MI-5]; Committees: House – Ways and Means

 

S.532 — A bill to authorize the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation Network, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.540 — 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: Tuberville, Tommy [Sen.-R-AL]; Committees: Senate – Veterans’ Affairs

 

S.547 — A bill to require the Secretary of Health and Human Services and the Secretary of Labor to conduct a study and issue a report on grant programs to support the nursing workforce; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.551 — A bill to amend title XVIII of the Social Security Act to provide for the application of a cost-of-living adjustment to the non-labor related portion for hospital outpatient department services furnished in Alaska and Hawaii; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate – Finance

 

S.552 — A bill to amend title XVIII of the Social Security Act to provide for the treatment of critical access hospital services furnished by a critical access hospital located in a noncontiguous State; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate – Finance

 

S.553 — A bill to amend title XVIII of the Social Security Act to establish a floor on payments to sole community hospitals located in Alaska and Hawaii under the hospital outpatient prospective payment system; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate – Finance

 

H.J.Res.46 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)”; Sponsor: Clyde, Andrew S. [Rep.-R-GA-9]; Committees: House – Energy and Commerce

 

H.J.Res.58 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Medicare Program; Calendar Year (CY) 2025 Home Health Prospective Payment System (HH PPS) Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin (IVIG) Items and Services Rate Update; and Other Medicare Policies”; Sponsor: Clyde, Andrew S. [Rep.-R-GA-9]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1227 — To amend title XVIII of the Social Security Act to ensure appropriate access to non-opioid pain management drugs under part D of the Medicare program; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1244 — To amend title XVIII of the Social Security Act to require that coinsurance for drugs under Medicare part D be based on the drug’s actual acquisition cost and not the drug’s wholesale acquisition cost; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1246 – To amend the Farm Credit Act of 1971 to provide support for facilities providing healthcare, education, child care, public safety, and other vital services in rural areas; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Agriculture

 

H.R.1248 — 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, Scott [Rep.-R-FL-18]; Committees: House – Veterans’ Affairs

 

H.R.1254 — To improve obstetric emergency care; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Energy and Commerce

 

H.R.1256 — To amend the Older Americans Act of 1965 to require reports to Congress on State Long-Term Care Ombudsman Programs, and for other purposes; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House – Education and Workforce

 

H.R.1257 — To permit the Attorney General to award grants for accurate data on opioid-related overdoses, and for other purposes; Sponsor: Lee, Laurel M. [Rep.-R-FL-15]; Committees: House – Judiciary

 

H.R.1262 — To amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for other purposes; Sponsor: McCaul, Michael T. [Rep.-R-TX-10]; Committees: House – Energy and Commerce

 

H.R.1269 — To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide public safety officer benefits for exposure-related cancers, and for other purposes; Sponsor: Scanlon, Mary Gay [Rep.-D-PA-5]; Committees: House – Judiciary

 

S.J.Res.19 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)”; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Environment and Public Works

 

S.575 — A bill to amend titles XVIII and XIX of the Social Security Act to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate – Finance

 

S.585 — A bill to amend title 38, United States Code, to establish a pre-transition health care registration process to facilitate enrollment in the patient enrollment system of the Department of Veterans Affairs by members of the Armed Forces who are separating from the Armed Forces, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate – Veterans’ Affairs

 

S.595 — A bill to establish the Office of Gun Violence Prevention, and for other purposes; Sponsor: Murphy, Christopher [Sen.-D-CT]; Committees: Senate – Judiciary

 

H.R.1279 — To amend title XIX of the Social Security Act to establish a community engagement requirement for certain individuals under the Medicaid program; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House – Energy and Commerce

 

H.R.1288 — To amend title 38, United States Code, to increase the mileage rate offered by the Department of Veterans Affairs through their Beneficiary Travel program for health related travel, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

 

H.R.1289 — To direct the Secretary of Veterans Affairs to establish and carry out a pilot program to administer to eligible veterans medically-tailored meals and groceries, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Veterans’ Affairs

 

H.R.1290 — To direct the Secretary of Veterans Affairs to carry out a pilot program under which the Department of Veterans Affairs refers veterans experiencing mental health crises to approved non-Department mental health care providers, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Veterans’ Affairs

 

H.R.1291 — To amend the Public Health Service Act to ensure that nonanimal methods are prioritized, where applicable and feasible, in proposals for all research to be conducted or supported by the National Institutes of Health, to provide for the establishment of the National Center for Alternatives to Animals in Research and Testing, and for other purposes; Sponsor: Calvert, Ken [Rep.-R-CA-41]; Committees: House – Energy and Commerce

 

H.R.1300 — To amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without the imposition of cost-sharing requirements, and for other purposes; Sponsor: Dunn, Neal P. [Rep.-R-FL-2]; Committees: House – Energy and Commerce

 

H.R.1303 — To prohibit the Secretary of Health and Human Services from implementing, administering, or enforcing provisions relating to minimum staffing standards for long-term care facilities and Medicaid institutional payment transparency reporting; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1305 — To direct the Secretary of Health and Human Services to establish a working group to formulate recommendations for standardizing the measurements of loneliness and isolation, and for other purposes; Sponsor: Flood, Mike [Rep.-R-NE-1]; Committees: House – Energy and Commerce

 

H.R.1307 — To establish the Office of Gun Violence Prevention, and for other purposes; Sponsor: Frost, Maxwell [Rep.-D-FL-10]; Committees: House – Judiciary

 

H.R.1317 — To amend titles XVIII and XIX of the Social Security Act to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes; Sponsor: Joyce, David P. [Rep.-R-OH-14]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1336 — To direct the Secretary of Veterans Affairs to establish a pilot program to furnish hyperbaric oxygen therapy to a veteran who has a traumatic brain injury or post-traumatic stress disorder; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House – Veterans’ Affairs

 

H.R.1339 — To direct the Comptroller General of the United States to carry out a study relating to the resiliency of Social Security and Medicare; Sponsor: Nunn, Zachary [Rep.-R-IA-3]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1349 — To amend title XI of the Social Security Act to exclude providers of certain abortion services from participation in the Medicare program; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.1358 — To amend title XVIII of the Social Security Act to codify patients’ rights to hospital visitation, and for other purposes; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Ways and Means; Energy and Commerce

 

Senate Republicans Release FY 2025 Budget Resolution – On Friday, Senate Budget Committee Chairman Lindsey Graham (R-S.C.) released the text of the Senate’s fiscal year 2025 budget resolution providing the blueprint for a reconciliation bill focused on border security, the military, and domestic energy production. To fully offset the $85.5 billion package, the resolution outlines minimum savings to be achieved by each congressional committee. The resolution requires that the Senate Finance Committee and the Senate Health, Education, Labor, and Pensions (HELP) Committee each report changes in law that reduce the deficit by at least $1 billion over the next ten years. The Senate Budget Committee plans to mark up the budget resolution on Wednesday and Thursday. The House Budget Committee, which did not meet last week to mark up a budget resolution as expected, has yet to officially start the budget reconciliation process.

 

Senate Vote on RFK Jr.’s Nomination Expected This Week – The Senate Finance Committee favorably reported the nomination of Robert F. Kennedy, Jr. to be Secretary of the U.S. Department of Health and Human Services in a 14-13 party line vote on February 4. Sen. Bill Cassidy, MD (R-La.) was the key vote in support of advancing the nomination. Cassidy, Chairman of the Senate HELP Committee, had repeatedly expressed reservations about Kennedy’s history of undermining confidence in vaccines. In his Senate floor speech later that day, Sen. Cassidy detailed his decision to vote yes stating that if confirmed, he and Mr. Kennedy would have “an unprecedently close collaborative working relationship,” and that the nominee committed to working within the current vaccine approval and safety monitoring systems. Kennedy also committed to Cassidy to provide a 30-day notice to the HELP Committee if the agency seeks to make changes to federal vaccine safety monitoring programs.  The Senate voted 52-47 on Thursday on the motion to proceed to executive session to consider RFK’s nomination. Senate Majority Whip John Barrasso (R-Wyo.) has stated that the full chamber will vote on his confirmation this week.

 

Senate Confirms Doug Collins as VA Secretary – The Senate confirmed Doug Collins to serve as Secretary of Veterans Affairs by a vote of 77-23 last week. Collins is a former Georgia congressman who served in the House of Representatives from 2013 to 2021. Collins has stated that as VA Secretary he will focus on expanding access to community care for veterans as well as implementation of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act (Public Law No: 117-168).

 

Senate Confirms Russ Vought as OMB Director – Russ Vought will serve as Director of the Office of Management and Budget (OMB) – the same position he held during President Donald Trump’s first term in office – following his Senate confirmation by a vote of 53-47 last week. Vought previously worked for the Heritage Foundation as well the Republican Study Committee. He is also one of the architects of Project 2025, a conservative blueprint for Trump’s second term. Vought has expressed support for the idea that the Impoundment Control Act is unconstitutional and that the Executive Branch should have more control over spending appropriated by Congress.

 

House Passes Fentanyl Scheduling Bill – The House of Representatives passed the HALT Fentanyl Act (H.R. 27) by a vote of 312-108 last week. The legislation would permanently classify fentanyl-related substances as Schedule I substances and would modify registration processes for research activities involving controlled substances.  Fentanyl’s temporary scheduling is set to expire on March 31. A similar fentanyl measure in the Republican-controlled Senate has enough Democratic cosponsors to overcome a filibuster.

 

Trump Administration’s Efforts to Downsize Federal Government – During the second week of his second term in office, President Donald Trump offered two million civilian full-time federal employees the opportunity to stop working and receive pay and benefits through September 30 in an attempt to cut the size of the federal government.  The deferred resignation program was paused by a federal judge before it was set to expire at 11:59 p.m. on February 6; in response, the White House delayed the deadline until 11:59 p.m. on Monday, February 10. Reports indicate that the offer has been accepted by more than 50,000 people.  The White House is reportedly aiming to cull the federal workforce by 2 to 5% in total.

 

Recent reports also indicate that the White House is working on an executive order (E.O.) related specifically to the workforce of the U.S. Department of Health and Human Services’ (HHS) according to multiple news outlets who cite people familiar with the matter. HHS currently employs over 83,000 people. Many of the rumors described below relate to probationary staff – an employment period that can extend one or two years into an individual’s federal service. While employees of probationary status include junior staff, they may also include long-time employees who recently took on new positions. The President issued a related memo on his first day in office ordering all federal agencies to report the names of employees in probationary periods to the Office of Personnel Management (OPM) by January 24. OPM issued a new memo last week asking federal agencies to report their poorest-performing employees by March 7.

• The White House has denied that it is drafting an E.O. to cut workers across federal health agencies (Reuters, Feb. 6).
• The E.O. could be signed as soon as the week of February 9 and would require health agencies to cut a certain percentage of employees. HHS officials have been told to prepare lists of probationary workers who have essential roles and must be retained and those who do not (Wall Street Journal, Feb. 6).
• HHS officials have been “urgently” instructed to rank thousands of their employees who are in probationary periods, with as much as 40% to be deemed “not mission critical.” Officials at the Centers for Disease Control and Prevention (CDC) have been told to rank 10% of their probationary staff as mission-critical, 50% as important, and 40% as not mission-critical. CDC’s rankings were due on February 6. Officials in other federal health agencies described similar requests to rank probationary employees and to justify why probationary employees should be retained. A CDC employee in the office of the chief operating officer said they expected employees identified as non-mission-critical to lose their jobs. About 135 people in the office are in probationary periods (The Washington Post, Feb. 6).
• An estimated 2,800 probationary and full-time CDC employees are at risk (Bloomberg, Feb. 6).
• An email sent to Food and Drug Administration staff on February 6 instructs officials to address “anything related to Covid” and contracts that would “be deemed wasteful by an average citizen if made public,” including General Services Administration contracts for services to support diversity, equity, inclusion and accessibility offices, telework, swag or advertising spending. HHS staff were asked to flag any contract that is inconsistent with the President’s recent E.O.s, including those focused on sustainability or “other environmental services not required by the law,” and contracts that support the Biden administration’s telework policies for federal employees (Bloomberg, Feb. 6).

 

CMS Latest Agency to Coordinate with DOGE – The Department of Government Efficiency (DOGE) recently visited the Centers for Medicare and Medicaid Services (CMS) to mine the agency’s data systems for fraud and waste. DOGE representatives gained access to CMS’ payment and contracting systems. The DOGE team has also been working to target any U.S. Department of Health and Human Services contracts related to diversity, equity, and inclusion for cancellation. CMS has two senior agency officials – one focused on policy and one focused on operations – who are leading the collaboration with DOGE, “including ensuring appropriate access to CMS systems and technology,” according to a statement from the agency.  “We are taking a thoughtful approach to see where there may be opportunities for more effective and efficient use of resources in line with meeting the goals of President Trump.” DOGE’s visit to CMS follows similar on-site visits with the Treasury Department and U.S. Agency for International Development.

 

House Democrats Ask GAO to Monitor Medicare Drug Price Negotiation Program – Democratic health leaders in the House of Representatives have sent a letter to the Comptroller General asking that the Government Accountability Office (GAO) actively monitor the Trump administration’s operation of the Medicare Drug Price Negotiation Program. The Inflation Reduction Act directs the Comptroller General to conduct oversight of the law, and GAO has previously reviewed implementation of the program. “As the Medicare Drug Price Negotiation Program continues, new expertise will be developed and honed to improve the processes for successful negotiations in the future,” the letter states. “To build on this important work, we ask that GAO examine the ongoing implementation of the Medicare Drug Price Negotiation Program to ensure that it further reduces prescription drug prices, saves seniors money, and drives down federal spending.”

 

Upcoming Congressional Hearings and Markups

House Rules Committee hearing on H.R. 77, Midnight Rules Relief Act; 4:00 p.m.; February 10

 

House Ways and Means Subcommittee on Health hearing “Modernizing American Health Care: Creating Healthy Options and Better Incentives;” 2:00 p.m.; February 11

 

Senate Budget Committee markup of the Concurrent Resolution on the Budget for Fiscal Year 2025; 10:00 a.m.; February 12

 

House Veterans’ Affairs Subcommittee on Health hearing “Roles and Responsibilities: Evaluating VA Community Care;” 2:15 p.m.; February 12

 

Senate Special Committee on Aging hearing “Optimizing Longevity: From Research to Action;” 3:30 p.m.; February 12

 

House Foreign Affairs Committee hearing “The USAID Betrayal;” 8:30 a.m.; February 13

 

Senate Budget Committee continuation of markup of the Concurrent Resolution on the Budget for Fiscal Year 2025; 10:00 a.m.; February 13

 

Recently Introduced Health Legislation

H.R.903 — To amend the Clean Air Act to establish a grant program for supporting local communities in detecting, preparing for, communicating about, or mitigating the environmental and public health impacts of wildfire smoke and extreme heat, and for other purposes; Sponsor: Thompson, Mike [Rep.-D-CA-4]; Committees: House – Energy and Commerce; Science, Space, and Technology

 

H.R.895 —To amend title 18, United States Code, to require the Attorney General to investigate alleged violations of the partial birth abortion ban; Sponsor: Self, Keith [Rep.-R-TX-3]; Committees: House – Judiciary

 

H.R.894 — To authorize grants to implement school-community partnerships for preventing substance use and misuse among youth; Sponsor: Sánchez, Linda T. [Rep.-D-CA-38]; Committees: House – Energy and Commerce

 

H.R.890 — To amend title 35, United States Code, to prevent double patenting, and for other purposes; Sponsor: Ryan, Patrick [Rep.-D-NY-18]; Committees: House – Judiciary

 

H.R.879 —To amend title XVIII of the Social Security Act to increase support for physicians and other practitioners in adjusting to Medicare payment changes; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.874 — To amend title 38, United States Code, to modify the rate of pay for care or services provided under the Community Care Program of the Department of Veterans Affairs based on the location at which such care or services were provided, and for other purposes; Sponsor: McCormick, Richard [Rep.-R-GA-7]; Committees: House – Veterans’ Affairs

 

H.R.873 — To amend title 10, United States Code, to modify the rate of pay for care or services provided under the TRICARE program based on the location at which such care or services were provided; Sponsor: McCormick, Richard [Rep.-R-GA-7]; Committees: House – Armed Services

 

H.R.870 —To amend title XVIII of the Social Security Act to make improvements to the redistribution of residency slots under the Medicare program after a hospital closes; Sponsor: Lee, Susie [Rep.-D-NV-3]; Committees: House – Ways and Means; Energy and Commerce

 

H.R.852 — To provide the Food and Drug Administration with authority to conduct microbial sampling on concentrated animal feeding operations as necessary to facilitate a foodborne illness outbreak investigation, determine the root cause of an outbreak of foodborne illness, or address other public health needs; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House – Energy and Commerce

 

H.R.850 —To provide that silencers be treated the same as firearms accessories; Sponsor: Cloud, Michael [Rep.-R-TX-27]; Committees: House – Ways and Means; Judiciary

 

H.R.846 — To prohibit disinformation in the advertising of abortion services, and for other purposes; Sponsor: Bonamici, Suzanne [Rep.-D-OR-1]; Committees: House – Energy and Commerce

 

H.R.843 — To amend the Federal Food, Drug, and Cosmetic Act to provide for the prompt approval of drugs when safety information is added to labeling, and for other purposes; Sponsor: Barragán, Nanette Diaz [Rep.-D-CA-44]; Committees: House – Energy and Commerce

 

H.R.842 — To amend title XVIII of the Social Security Act to provide for Medicare coverage of multi-cancer early detection screening tests; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.830 — To amend the Controlled Substances Act with respect to fentanyl-related substances, and for other purposes; Sponsor: Pappas, Chris [Rep.-D-NH-1]; Committees: House – Energy and Commerce; Judiciary

 

H.Res.81 — Commending efforts to eradicate the wild poliovirus; Sponsor: Cohen, Steve [Rep.-D-TN-9]; Committees: House – Foreign Affairs

 

S.355 — A bill to require the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to publish a final rule relating to nonclinical testing methods; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.376 — A bill to provide the Food and Drug Administration with authority to conduct microbial sampling on concentrated animal feeding operations as necessary to facilitate a foodborne illness outbreak investigation, determine the root cause of an outbreak of foodborne illness, or address other public health needs; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.380 — A bill to improve obstetric emergency care; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.400 — A bill to amend the Internal Revenue Code of 1986 to enhance the paid family and medical leave credit, and for other purposes; Sponsor: Fischer, Deb [Sen.-R-NE]; Committees: Senate – Finance

 

H.Res.98 — Expressing support for the designation of February 4, 2025, as “National Cancer Prevention Day”; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce

 

H.J.Res.34 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)”; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Energy and Commerce

 

H.R.912 — To amend title V of the Public Health Service Act to secure the suicide prevention lifeline from cybersecurity incidents, and for other purposes; Sponsor: Obernolte, Jay [Rep.-R-CA-23]; Committees: House – Energy and Commerce

 

H.R.919 — To codify Internal Revenue Service guidance relating to treatment of certain services and items for chronic conditions as meeting the preventive care deductible safe harbor for purposes of high deductible health plans in connection with health savings accounts; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Ways and Means

 

H.R.920 — To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Judiciary

 

H.R.929 — To reauthorize the Dr. Lorna Breen Health Care Provider Protection Act, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce

 

H.R.935 — To amend the Public Health Service Act to provide for a health care workforce innovation program; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Committees: House – Energy and Commerce

 

H.R.936 — To amend title XI of the Social Security Act to provide for State approval and implementation of specified waivers under the Medicaid program; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House – Energy and Commerce

 

H.R.946 — To amend title XI of the Social Security Act to expand and clarify the exclusion for orphan drugs under the Drug Price Negotiation Program; Sponsor: Joyce, John [Rep.-R-PA-13]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.950 — To amend title XVIII of the Social Security Act to establish pharmacy benefit manager reporting requirements with respect to prescription drug plans and MA-PD plans under Medicare part D; Sponsor: Landsman, Greg [Rep.-D-OH-1]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.955 — To amend the Internal Revenue Code of 1986 to reform health provisions, and for other purposes; Sponsor: Moore, Blake D. [Rep.-R-UT-1]; Committees: House – Ways and Means

 

H.R.957 — To provide for civil monetary penalties for violations of mental health parity requirements; Sponsor: Norcross, Donald [Rep.-D-NJ-1]; Committees: House – Education and Workforce

 

H.R.958 — To amend the Public Health Service Act to reauthorize funding for grants and contracts for primary care training and enhancement, and for other purposes; Sponsor: Nunn, Zachary [Rep.-R-IA-3]; Committees: House – Energy and Commerce

 

H.R.961 — To direct the Secretary of Veterans Affairs to establish a pilot program to provide veteran health savings accounts to allow veterans to receive primary care furnished under non-Department direct primary care service arrangements, and for other purposes; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Veterans’ Affairs

 

H.R.966 — To prohibit the Secretary of Veterans Affairs from denying veteran benefits administered by the Secretary by reason of the veteran participating in a State-approved marijuana program, and for other purposes; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Veterans’ Affairs

 

H.R.996 — To amend the Internal Revenue Code of 1986 to enhance the paid family and medical leave credit, and for other purposes; Sponsor: Feenstra, Randy [Rep.-R-IA-4]; Committees: House – Ways and Means

 

H.R.999 — To protect an individual’s ability to access contraceptives and to engage in contraception and to protect a health care providers ability to provide contraceptives, contraception, and information related to contraception; Sponsor: Fletcher, Lizzie [Rep.-D-TX-7]; Committees: House – Energy and Commerce

 

H.R.1014 — To amend title 10, United States Code, to direct the Secretary of Defense to include certain tests as part of the periodic health assessments provided to members of the Armed Forces; Sponsor: Luttrell, Morgan [Rep.-R-TX-8]; Committees: House – Armed Services

 

H.R.1015 — To amend title 18, United States Code, to provide for certain rules for housing or transportation based on gender and to provide for a limitation on gender-related medical treatment; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House – Judiciary

 

H.R.1019 — To amend title XIX of the Social Security Act to ensure the reliability of address information provided under the Medicaid program; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce

 

H.R.1026 — To amend the Internal Revenue Code of 1986 to allow individuals with direct primary care service arrangements to remain eligible individuals for purposes of health savings accounts, and for other purposes; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House – Ways and Means

 

H.R.1035 — To amend the Family and Medical Leave Act to expand employees eligible for leave and employers subject to leave requirements, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House – Education and Workforce; House Administration; Oversight and Government Reform

 

S.Res.67 — A resolution declaring racism a public health crisis; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.447 — A bill to amend title XIX of the Social Security Act to implement a minimum work requirement for able-bodied adults enrolled in State Medicaid programs; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Finance

 

S.454 — A bill to authorize the Assistant Secretary for Mental Health and Substance Use to award formula grants to the States to address gambling addiction, and for other purposes; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.473 — A bill to amend the Older Americans Act of 1965 to include screening for loneliness and coordination of supportive services and health care to address the negative health effects of loneliness, to require a report on loneliness, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.474 — A bill to amend title XIX of the Social Security Act to establish a minimum Medicaid disproportionate share hospital allotment for States; Sponsor: Barrasso, John [Sen.-R-WY]; Committees: Senate – Finance

 

S.475 — A bill to amend title XVIII of the Social Security Act to ensure appropriate access to non-opioid pain management drugs under part D of the Medicare program; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate – Finance

 

S.477 — A bill to amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify the offenses relating to fentanyl, and for other purposes; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Judiciary

 

S.483 — 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

 

H.Res.119 — Declaring racism a public health crisis; Sponsor: Hayes, Jahana [Rep.-D-CT-5]; Committees: House – Energy and Commerce; Judiciary

 

H.R.1051 — To amend the Federal Food, Drug, and Cosmetic Act to allow for the approval of an abbreviated new drug application submitted by a subsequent applicant in the case of a failure by a first applicant to commence commercial marketing within a certain period, and for other purposes; Sponsor: Budzinski, Nikki [Rep.-D-IL-13]; Committees: House – Energy and Commerce

 

H.R.1059 — To amend title XIX of the Social Security Act to implement a minimum work requirement for able-bodied adults enrolled in State Medicaid programs; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce

 

H.R.1060 — To amend the Federal Food, Drug, and Cosmetic Act to modernize the methods of authenticating controlled substances in the pharmaceutical distribution supply chain, and for other purposes; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House – Energy and Commerce

 

H.R.1064 — To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances; Sponsor: Fitzgerald, Scott [Rep.-R-WI-5]; Committees: House – Energy and Commerce; Judiciary

 

H.R.1082 — To require the Secretary of Health and Human Services to conduct a national, evidence-based education campaign to increase public and health care provider awareness regarding the potential risks and benefits of human cell and tissue products transplants, and for other purposes; Sponsor: Moolenaar, John R. [Rep.-R-MI-2]; Committees: House – Energy and Commerce

 

H.R.1085 — To amend the Public Health Service Act to prohibit the National Institutes of Health from awarding any support for an activity or program that uses live animals in research unless the research occurs in the United States, and for other purposes; Sponsor: Nehls, Troy E. [Rep.-R-TX-22]; Committees: House – Energy and Commerce

 

H.R.1096 — To amend title XVIII of the Social Security Act to require coverage of 3 primary care visits without cost sharing each year under the Medicare program; Sponsor: Salinas, Andrea [Rep.-D-OR-6]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.1100 — To amend the Controlled Substances Act to provide for the regulation of critical parts of tableting machines and encapsulating machines, and for other purposes; Sponsor: Stansbury, Melanie A. [Rep.-D-NM-1]; Committees: House – Energy and Commerce; Judiciary

 

H.R.1107 — To amend title 38, United States Code, to authorize certain heath care professionals employed by the Department of Veterans Affairs to deliver, distribute, or dispense to veterans certain controlled medications via telemedicine under certain conditions, and for other purposes; Sponsor: Womack, Steve [Rep.-R-AR-3]; Committees: House – Veterans’ Affairs

Finance Committee to Vote Tuesday on RFK Jr. – Robert F. Kennedy Jr. (RFK), nominee for secretary of the U.S. Department of Health and Human Services (HHS), appeared before the Senate Finance Committee for his confirmation hearing, as well as before the Senate Health, Education, Labor, and Pensions (HELP) Committee for a courtesy hearing, last week. Senators’ questions focused on the nominee’s stances on abortion and vaccines in particular. While Kennedy has previously written that access to abortion should be unrestricted until the infant is viable outside the womb, he repeatedly stated that he will follow President Trump’s guidance on abortion, including as it pertains to the safety of and access to Mifepristone, the hiring of anti-abortion staff at HHS, and fetal tissue research. RFK, who is commonly referred to as a vaccine skeptic, stated during his prepared testimony that he is not “anti-vaccine” but that he is “pro-safety.” During several tense exchanges with HELP Chair Bill Cassidy, MD (R-La.), Kennedy repeatedly refused to say that vaccines do not cause autism. During the more than three-hour hearings, the nominee also stumbled when pressed on basic health policy issues that would be under his purview as HHS secretary – confusing the Medicare and Medicaid programs, struggling to answer a question about EMTALA, and being unable to correctly define Medicare parts A, B, and C. Most Republican panel members, however, appeared to remain supportive of RFK’s nomination, raising issues with bipartisan common ground, including the need to address the rise of chronic disease through the Make America Healthy Again movement. RFK’s willingness to question the scientific establishment was also praised by some GOP senators.

 

The Senate Finance Committee is scheduled to vote Tuesday on whether to favorably recommend RFK’s nomination to the full Senate.  At the conclusion of the HELP Committee hearing, Sen. Cassidy – who also sits on the Finance Committee – plainly stated that he continues to have reservations about Kennedy’s confirmation tied to the nominee’s past of undermining confidence in vaccines. Republicans hold a one seat majority on the Finance Committee, which means Cassidy could prevent the panel from recommending Kennedy’s confirmation. In this case, the full Senate could vote to bring his nomination to the floor. Only one cabinet position since 1945 (President Truman’s Secretary of Commerce Henry A. Wallace) has been confirmed by the Senate after being reported adversely out of committee. Kennedy can only afford to lose three Senate GOP votes on the floor, assuming united Democratic opposition to his confirmation.

 

House GOP Holds Annual Policy Retreat – While the Senate was in session making progress on the Trump administration’s executive nominations, the House GOP held their annual policy retreat in Florida last week. Lawmakers heard from President Donald Trump, who previewed his plans to impose new tariffs on foreign pharmaceuticals during his speech. The President also reiterated his pledge not to cut the Medicare or Social Security programs. Republicans are currently considering what policies to advance via the budget reconciliation process this year, and what spending cuts should be enacted to offset the reconciliation package. GOP leadership is targeting the month of February to complete work on a budget resolution. Lawmakers would then spend the first half of March completing work on government funding for fiscal year (FY) 2025, and the second half of the month considering the reconciliation package in various committees of jurisdiction. Republicans are aiming to bring the reconciliation package to the floor during the first two weeks of April. May would be dedicated to FY 2026 appropriations. The chamber would turn its focus to raising or suspending the debt ceiling, as well as the must pass National Defense Authorization Act, in June.

 

Lawmakers Reintroduce Doc Fix Legislation – Reps. Greg Murphy, MD (R-N.C.), Jimmy Panetta (D-Calif.), John Joyce, MD (R-Pa.), Raul Ruiz, MD (D-Calif.), Mariannette Miller-Meeks, MD (R-Iowa), Kim Schrier, MD (D-Wash.), Claudia Tenney (R-N.Y.), Ami Bera, MD (D-Calif.), Carol Miller (R-W.Va.), and Raja Krishnamoorthi (D-Ill.) reintroduced the Medicare Patient Access and Practice Stabilization Act (H.R. 879) on Friday. The legislation would prospectively address in full the 2.83% cut to Medicare physician payments that went into effect on January 1, 2025, effective April 1, 2025, through December 31, 2025. The bill would also provide physicians with an additional 2% payment increase reflective of the rising cost of running a practice. A press release on the legislation and the bill text can be found here.

 

House to Consider Fentanyl Scheduling Bill This Week – The House of Representatives will consider the HALT Fentanyl Act (H.R. 27) on the chamber floor this week. The legislation, which would permanently classify fentanyl-related substances as Schedule I substances, has been highlighted as a major Republican priority for early in the 119^th Congress. The drug’s temporary scheduling is set to expire on March 31. The House Energy and Commerce Subcommittee on Health will convene its first hearing of the 119^th Congress on Thursday to consider the issue of combating existing and emerging illicit drug threats. The Senate Judiciary Committee is scheduled to hold a similar hearing on Tuesday titled “The Poisoning of America: Fentanyl, its Analogues, and the Need for Permanent Class Scheduling.”

 

Senate Appropriations Rosters for the 119^th Congress – Leadership of the Senate Appropriations Committee announced subcommittee rosters for the 119^th Congress last week. Sen. Shelley Moore Capito (R-W.Va.) will retain the top Republican post as chair of the Labor, Health and Human Services, Education, and Related Agencies Subcommittee. Sen. Tammy Baldwin (D-Wis.) also retains her spot as the top Democrat on the subcommittee and will serve as Ranking Member. Sen. John Hoeven (R-N.D.) will chair the Agriculture-Food and Drug Administration Subcommittee alongside Ranking Member Sen. Jeanne Shaheen (D-N.H.). The full Senate Appropriations subcommittee rosters for the 119th Congress can be found here.

 

Widespread Confusion Results from Now-Rescinded Federal Funding Freeze – The White House issued and rescinded a memo freezing federal assistance last week, causing confusion and chaos across many segments of the health care industry. The original memo, issued on Monday by the Office of Management and Budget (OMB), directed agencies to temporarily pause all federal financial assistance that could be impacted by the numerous executive orders issued by President Donald Trump during the first weeks of his second term. Social Security and Medicare were specifically exempted from the freeze. A document from OMB estimated that the freeze could impact more than 400 programs at the U.S. Department of Health and Human Services. State Medicaid payment systems also experienced a widespread outage on Tuesday. The White House denied that the outage was a result of the pause on federal spending. The OMB memo was rescinded on Wednesday after a federal judge temporarily blocked the Administration from implementing or enforcing the memo.

 

Upcoming Congressional Hearings and Markups

Senate Finance Committee Executive Session to Consider Favorably Reporting the Nomination of Robert F. Kennedy, Jr. to be Secretary of Health and Human Services; 10:00 a.m.; February 4

 

House Energy and Commerce Subcommittee on Health hearing “Combatting Existing and Emerging Illicit Drug Threats;” 10:00 a.m.; February 6

 

House Oversight and Government Reform Subcommittee on Cybersecurity, Information Technology, and Government Innovation hearing regarding federally funded research involving animals; 2:00 p.m.; February 6

 

Recently Introduced Health Legislation

H.R.729 — To prohibit chemical abortions performed without the presence of a healthcare provider, and for other purposes. Sponsor: Harris, Mark [Rep.-R-NC-8]; Committees: House – Judiciary

 

H.R.727 — To amend title IV of the Public Health Service Act to prohibit sale or transactions relating to human fetal tissue. Sponsor: Franklin, Scott [Rep.-R-FL-18]; Committees: House – Energy and Commerce

 

H.R.722 — To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person. Sponsor: Burlison, Eric [Rep.-R-MO-7]; Committees: House – Judiciary

 

H.R.720 — To amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses. Sponsor: Brecheen, Josh [Rep.-R-OK-2]; Committees: House – Ways and Means

 

H.R.719 — To amend title XI of the Social Security Act to limit demonstration projects related to abortion under Medicaid and CHIP. Sponsor: Brecheen, Josh [Rep.-R-OK-2]; Committees: House – Energy and Commerce

 

H.J.Res.30 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020”. Sponsor: Dunn, Neal P. [Rep.-R-FL-2]; Committees: House – Energy and Commerce

 

H.Res.67 — Recognizing the roles and the contributions of Americas Certified Registered Nurse Anesthetists (CRNAs) and their critical role in providing quality health care for the public and the Nation’s Armed Forces for more than 150 years and through multiple public health emergencies and beyond. Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House – Energy and Commerce

 

H.Res.65 — Reaffirming the freedom to decide and expressing continued support for medication abortion access. Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House – Energy and Commerce; Judiciary

 

S.253 — A bill 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: Lee, Mike [Sen.-R-UT]; Committees: Senate – Finance

 

S.252 — A bill to increase access to agency guidance documents. Sponsor: Johnson, Ron [Sen.-R-WI]; Committees: Senate – Homeland Security and Governmental Affairs

 

S.251 — A bill to amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses. Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate – Finance

 

S.250 — A bill to restrict the availability of Federal funds to organizations associated with the abortion industry. Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate – Foreign Relations

 

S.249 — A bill to amend title XVIII of the Social Security Act to facilitate patient access to certain pediatric technologies. Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Finance

 

S.248 — A bill to amend title XVIII of the Social Security Act to permanently extend certain in-home cardiopulmonary rehabilitation flexibilities established in response to COVID-19, and for other purposes. Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Finance

 

S.247 — A bill to amend title XVIII of the Social Security Act to clarify payment rules for manual wheelchairs under part B of the Medicare program. Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Finance

 

S.242 — A bill to protect the dignity of fetal remains, and for other purposes. Sponsor: Ricketts, Pete [Sen.-R-NE]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.Res.37 — A resolution expressing the sense of the Senate that the people of the United States should have continuous access to timely, up-to-date, and accurate health information. Sponsor: Schatz, Brian [Sen.-D-HI]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.257 — A bill to improve the resilience of critical supply chains, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate – Commerce, Science, and Transportation

 

S.266 — A bill to reauthorize the Dr. Lorna Breen Health Care Provider Protection Act, and for other purposes; Sponsor: Kaine, Tim [Sen.-D-VA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.275 — A bill to improve the provision of care and services under the Veterans Community Care Program of the Department of Veterans Affairs, and for other purposes; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

 

S.276 — A bill to amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes; Sponsor: Cruz, Ted [Sen.-R-TX]; Committees: Senate – Finance

 

H.Res.72 — Expressing support for the designation of January 30, 2025, as CTE (chronic traumatic encephalopathy) and RHI (repeated head impacts) Awareness Day; Sponsor: Fitzpatrick, Brian K. [Rep.-R-PA-1]; Committees: House – Energy and Commerce

 

H.R.740 — To improve the provision of care and services under the Veterans Community Care Program of the Department of Veterans Affairs, and for other purposes; Sponsor: Bost, Mike [Rep.-R-IL-12]; Committees: House – Veterans’ Affairs

 

H.R.741 — To elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes; Sponsor: Stanton, Greg [Rep.-D-AZ-4]; Committees: House – Natural Resources; Energy and Commerce

 

H.R.742 — To prohibit Federal funds from being used to provide certain gender transition procedures to minors; Sponsor: McCormick, Richard [Rep.-R-GA-7]; Committees: House – Energy and Commerce

 

H.R.748 — To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes; Sponsor: Bergman, Jack [Rep.-R-MI-1]; Committees: House – Veterans’ Affairs

 

H.R.751 — To amend the Congressional Budget and Impoundment Control Act of 1974 to codify the Panel of Health Advisors within the Congressional Budget Office, and for other purposes; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Budget

 

H.R.766 — To amend the Public Health Service Act to require the Secretary to award grants, contracts, or cooperative agreements to eligible entities to establish, maintain, or improve activities related to the detection and monitoring of infectious diseases through wastewater for public health emergency preparedness and response purposes, and for other purposes; Sponsor: Garcia, Robert [Rep.-D-CA-42]; Committees: House – Energy and Commerce

 

H.R.767 — To amend the Public Health Service Act to authorize the Biomedical Advanced Research and Development Authority to award follow-on production contracts or transactions, procure supplies for experimental or test purposes, and acquire innovative commercial products and commercial services, and for other purposes; Sponsor: Garcia, Robert [Rep.-D-CA-42]; Committees: House – Energy and Commerce

 

H.R.770 — To direct the Secretary of Veterans Affairs to report on certain appeals, resources, and health care systems of the Department of Veterans Affairs; Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House – Veterans’ Affairs

 

H.R.772 — To direct the Secretary of Health and Human Services to revise regulations to remove the requirement under the Medicare program that an off-campus facility or organization shall be located within a 35-mile radius of a hospital or critical access hospital; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.783 — To amend title XVIII of the Social Security Act to permanently extend certain in-home cardiopulmonary rehabilitation flexibilities established in response to COVID-19, and for other purposes; Sponsor: Joyce, John [Rep.-R-PA-13]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.785 — To amend title 38, United States Code, to include a representative of the National Association of State Veterans Homes on the Geriatrics and Gerontology Advisory Committee of the Department of Veterans Affairs; Sponsor: Kiggans, Jennifer A. [Rep.-R-VA-2]; Committees: House – Veterans’ Affairs

 

H.R.786 — To amend title XVIII of the Social Security Act to extend incentive payments for participation in eligible alternative payment models under the Medicare program; Sponsor: LaHood, Darin [Rep.-R-IL-16]; Committees: House – Energy and Commerce; Ways and Means

 

H.R.795 — To prohibit the Department of Health and Human Services from treating pregnancy as an illness for purposes of approving abortion drugs; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House – Energy and Commerce

 

H.R.796 — To amend the Federal Food, Drug, and Cosmetic Act to require a warning label advising that the effects of mifepristone can be counteracted, to amend the Public Health Service Act to establish a hotline to provide information to women seeking to counteract the effects of mifepristone, and for other purposes; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House – Energy and Commerce

 

H.R.797 — To ensure that women seeking an abortion are notified, before giving informed consent to receive an abortion, of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House – Energy and Commerce

 

H.R.798 — To protect the dignity of fetal remains, and for other purposes; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House – Energy and Commerce

 

H.R.810 — To amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Ways and Means

 

S.297 — A bill to amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without the imposition of cost-sharing requirements, and for other purposes; Sponsor: Boozman, John [Sen.-R-AR]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.312 – A bill to establish a Federal tort against pediatric gender clinics and other entities pushing gender-transition procedures that cause bodily injury to children or harm the mental health of children; Sponsor: Hawley, Josh [Sen.-R-MO]; Committees: Senate – Judiciary

 

S.325 — A bill to reduce health risks of heat by establishing the National Integrated Heat Health Information System within the National Oceanic and Atmospheric Administration and the National Integrated Heat Health Information System Interagency Committee to improve extreme heat preparedness, planning, and response, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Commerce, Science, and Transportation

 

S.329 – A bill to authorize grants to implement school-community partnerships for preventing substance use and misuse among youth; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate – Judiciary

 

S.331 — A bill to amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Judiciary

 

S.335 — A bill to amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare-dependent hospitals, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Finance

 

S.339 — A bill to amend title XVIII of the Social Security Act to provide for Medicare coverage of multi-cancer early detection screening tests; Sponsor: Crapo, Mike [Sen.-R-ID]; Committees: Senate – Finance

 

S.341 — A bill to amend the Clean Air Act to establish a grant program for supporting local communities in detecting, preparing for, communicating about, or mitigating the environmental and public health impacts of wildfire smoke and extreme heat, and for other purposes; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate – Environment and Public Works