Author: [email protected]

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

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

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

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

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

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

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

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

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

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

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

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

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

Upcoming Congressional Hearings and Markups

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

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

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

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

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

Recently Introduced Health Legislation

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

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

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

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

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

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

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

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

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

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

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

H.R.467 — To amend title 38, United States Code, to eliminate the requirement of a service-connected disability to furnish veterans with medical care outside of a State, and for other purposes; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Veterans’ Affairs

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

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

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

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

S.141 — A bill to identify and address barriers to coverage of remote physiologic devices under State Medicaid programs to improve maternal and child health outcomes for pregnant and postpartum women; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Finance

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

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

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

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

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

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

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

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

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

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

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

Supreme Court to Hear Challenge to ACA’s Preventive Care Coverage Mandate – 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 118^th 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 119^th Congress: Reps. Alexandria Ocasio-Cortez (N.Y.), Jake Auchincloss (Mass.), Troy Carter (La.), Rob Menendez (N.J.), Kevin Mullin (Calif.), Greg Landsman (Ohio), and Jennifer McClellan (Va.). The House Ways and Means Committee will see the addition of Rep. Brendan Boyle (D-Pa.) and Del. Stacy Plaskett (D-V.I.). Both panels have significant jurisdiction over health care related issues.

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

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

Upcoming Congressional Hearings and Markups

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

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

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

Recently Introduced Health Legislation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H.R.44 — To amend title III of the Public Health Service Act to include rural emergency hospitals in the definition of a covered entity for purposes of the 340B drug discount program; Sponsor: Bergman, Jack [Rep.-R-MI-1]; Committees: House – Energy and Commerce

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

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

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

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

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

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

H.R.219 — To direct the Comptroller General of the United States to conduct a study on menopause care furnished by the Department of Veterans Affairs, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

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

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

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

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

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

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

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

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

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

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

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

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

H.R.274 — To provide for the sunset of rules upheld based on Chevron deference; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House – Judiciary; Oversight and Government Reform; Rules

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Recently Introduced Health Legislation

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

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

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

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

Congress Averts Government Shutdown with Scaled Back CR – Congress has passed a stopgap spending measure that funds the federal government at current levels through March 14, narrowly averting a government shutdown that was set to take place at midnight on December 20. The continuing resolution (CR) appropriates $100 billion in disaster relief and $10 billion in assistance for farmers. The package passed the House of Representatives 366-34, with the support of 196 Democrats and 170 Republicans, on Friday. The Senate approved the measure by a vote of 85-11 just after midnight and President Biden signed it into law.

Government funding negotiations were temporarily derailed last week when President-elect Donald Trump and Elon Musk demanded that Congress raise the national debt ceiling and reduce federal spending. The initial bipartisan package negotiated by lawmakers, which stood at more than 1,500 pages, included a number of provisions to extend expiring authorities or funding, including a two-year extension of telehealth flexibilities originally authorized during the COVID-19 pandemic and a one-year, 3.53% increase to Medicare bonuses for alternative payment model participation. The legislation would have increased Medicare physician payments by 2.5% for 2025, mitigating nearly all the 2.83% cut to the Medicare physician fee schedule scheduled to take effect on January 1. The initial package also included a slate of measures to reform the pharmacy benefit manager industry and reauthorize the SUPPORT Act and PAHPA. Following objections by Trump and Musk, House Republican leadership attempted to advance a Trump-backed, slimmed down CR that included a suspension of the debt ceiling. The proposal was voted down 235-174, with 38 Republicans voting against the package.

While the CR that successfully passed on Friday did not include a Medicare physician payment fix and was stripped of many of the health care provisions that were featured in the original bill, it does include a three-month extension of telehealth authorities such as removing geographic requirements and expanding originating sites . The package also prevents a pending 4% cut to government spending under “PAYGO” rules. Incoming GOP Doctors’ Caucus co-chair Greg Murphy, MD (R-N.C.) said in an interview last week that he has received assurances from the Trump transition team that the next government funding package will include a measure to address the physician pay cut, and that the eventual doc fix will apply retrospectively.

Senate Passes Childhood Cancer Research Bill, NDAA – The Senate passed the Gabriella Miller Kids First Research Act 2.0 (H.R. 3391) by unanimous consent on Friday. The bill includes $60 million in funding over five years to reauthorize the National Institute of Health’s Gabriella Miller Kids First Pediatric Research Program, which was created in 2014 to support lifesaving research on treatments and cures for childhood cancer. The bill previously passed the House of Representatives in March and will now be sent to President Joe Biden for his signature. The Senate’s version of the legislation (S. 1624), which included $190 million in funding through 2033, had been included in the initial stopgap spending bill released last week but was stripped from the end of year package that was eventually passed by Congress.

The Senate also passed the fiscal year (FY) 2025 National Defense Authorization Act (NDAA) last week. The $884 billion defense authorization bill (H.R. 5009) was approved in an 85-14 vote on Wednesday. The bill contains a few health care related provisions, including a measure to restrict gender affirming care for minors covered by TRICARE. Service members would continue to be permitted to travel to obtain an abortion under the legislation. The bill also requires the Director of National Intelligence to develop a plan to secure those U.S. biotechnology supply chains deemed critical to national security. The legislation, which cleared the House of Representatives earlier this month, will now be sent to the President for his signature.

RFK on Capitol Hill Ahead of Confirmation Proceedings – Robert F. Kennedy Jr. has been on Capitol Hill this month to meet with members of the Senate ahead of the chamber’s consideration of his nomination to serve as Secretary of the U.S. Department of Health and Human Services (HHS). While Kennedy has shifted his messaging around vaccines to focus on the need to increase transparency around the government’s regulatory processes, he came under criticism from Senate Majority Leader Mitch McConnell (R-Ky.), a childhood polio survivor, last week in light of a recently published report which revealed that one of RFK Jr.’s attorneys had called on the Food and Drug Administration to revoke its approval of the polio vaccine. McConnell stated that “efforts to undermine public confidence in proven cures are not just uninformed — they’re dangerous.” If all Democrats vote against him, Kennedy can only afford to lose three Republican votes to be confirmed.  A group of 800 medical professionals have sent a letter to the Senate urging lawmakers to confirm RFK as HHS Secretary. The letter was released by a Super PAC aligned with the nominee. It urges the chamber to “seize this historic opportunity to confront America’s chronic disease crisis.” The letter counters that sent earlier in the month by a group of 77 Nobel laureates urging Senators to oppose the confirmation.

Make America Healthy Again Caucus Established – Sens. Ron Johnson (R-Wis.), Cynthia Lummis (R-Wyo.), Roger Marshall, MD (R-Kan.), Rick Scott (R-Fla.), and Tommy Tuberville (R-Ala.) announced the formation of the Make America Healthy Again (MAHA) Caucus last week. The caucus aims to promote the goals of RFK Jr.’s MAHA agenda on Capitol Hill. The group’s stated goals include:

• Promoting access to nutritious, affordable food, and encouraging education on ingredient impacts, processed foods, and healthy eating habits to facilitate healthy outcomes.
• Shifting health care resources toward preventive care and research and implementing non-pharmaceutical interventions to address chronic illnesses.
• Encouraging agricultural practices that boost the nutritional quality of food and soil health.
• Expanding community health centers and telehealth initiatives, and promoting direct primary care models to reduce costs and improve access, as well as expanding health savings accounts and association health plans.

Sens. Johnson and Marshall will serve on the Finance Committee, which has jurisdiction over Kennedy’s confirmation hearing and will vote on whether to recommend the nominee to the full Senate. RFK is also expected to testify before the Health, Education, Labor, and Pensions (HELP) Committee, of which Sens. Marshall and Tuberville are members.

Updates to Congressional Committee Leadership and Roster Assignments – The Senate Republican Caucus has ratified committee assignments and rosters for the 119^th Congress. Of note are changes that will impact congressional panels with health care jurisdiction. Sen. Roger Marshall, MD (R-Kan.) will join the Finance Committee next year. Joining the HELP Committee are Sen.-elect Jim Banks (R-Ind.) and Sens. Tim Scott (R-S.C.), Josh Hawley (R-Mo.), Mike Crapo (R-Idaho), and Marsha Blackburn (R-Tenn.), while Sen. Ted Budd (R-N.C.) has been moved off of the committee.

On the Democratic side, Majority Leader Chuck Schumer (D-N.Y.) announced the Ranking Member committee assignments for Senate Democrats. Sen. Ron Wyden (D-Ore.) will continue to serve as top Democrat on the Finance Committee and Sen. Bernie Sanders (I-Vt.) will continue to serve as top Democrat on the HELP Committee.

In the House of Representatives, the GOP Steering Committee has added ten new Republican members to the Energy and Commerce Committee: Cliff Bentz (Ore.), Gabe Evans (Colo.), Julie Fedorchak (N.D.), Russell Fry (S.C.), Craig Goldman (Texas), Erin Houchin (Ind.), Tom Kean (N.J.), Nick Langworthy (N.Y.), Laurel Lee (Fla.), and Mike Rulli (Ohio). The lawmakers will help fill vacancies left by departing members Michael Burgess, MD (Texas), Larry Bucshon, MD (Ind.), Greg Pence (Ind.), Cathy McMorris Rodgers (Wash.), and John Curtis (Utah). Incoming House Energy and Commerce Committee Chair Brett Guthrie (R-Ky.) announced last week that Rep. Buddy Carter, BSPharm (R-Ga.) will serve as the next chair of the Health Subcommittee. Rep. Neal Dunn, MD (R-Fla.) will serve as Health Subcommittee vice chair. “The goal of this subcommittee is as straightforward as it is consequential: help Americans live healthier and longer lives. We will work towards this goal, in lockstep with President Trump, to tackle our nation’s chronic disease epidemic, increase price transparency, incentivize competition, combat harmful health care consolidation, fight the scourge of fentanyl, and build a health care system that puts patients before profits,” Rep. Carter said in a statement.

Hart Health Strategies Inc. maintains a Guide to the 119^th Congress to track changes in the balance of power, leadership, committee membership, and bios for new members of Congress.

Bipartisan Medicare GME Working Group Releases Draft Legislation – Incoming HELP Committee Chair Bill Cassidy, MD (R-La.), alongside Sens. Catherine Cortez Masto (D-Nev.), John Cornyn (R-Texas), and Michael Bennet (D-Colo.) have introduced draft legislation to improve the nation’s graduate medical education (GME) system. The proposal would increase the number of Medicare-funded residency slots by 5,000 between fiscal years 2027 and 2031, with at least 15% of slots dedicated to psychiatry or psychiatry subspecialties and 25% allocated to primary care. Priority would be given to hospitals in rural and underserved areas in the distribution of the slots. The lawmakers are seeking feedback on the draft until January 31, 2025, and are specifically requesting input on following questions:

• Is the 30-slot cap appropriate for ensuring fair distribution of residency slots across hospitals? What other strategies could Congress consider to ensure hospitals in all regions have an equal opportunity to compete for slots?
• Is codifying remote supervision the best way to provide flexibility to rural hospitals, or are there alternative approaches Congress should consider?
• Are the proposed data categories sufficient for understanding the GME landscape without overburdening small hospitals? Are there other useful data points or reporting methods that should be included?
• Is creating a GME Policy Council the right approach to guiding future GME slot allocations? Is the scope and responsibility of the Council adequate to make it effective?
• Are there any categories of high-need hospitals with potentially higher GME costs that are not already captured in the bonus rates for the proposed standardization of per resident amounts  for new slots?

House Task Force Releases Report on AI – The bipartisan House Task Force on Artificial Intelligence released a report last week containing principles and recommendations aimed at responsibly advancing America’s leadership in AI innovation. The 24-member task force, which was established earlier this year by Speaker Mike Johnson (R-La.) and Democratic Leader Hakeem Jeffries (D-N.Y.), was led by Chairman Jay Obernolte (R-Calif.) and Co-Chair Ted Lieu (D-Calif.). The report examines AI’s implications for more than a dozen policy areas. In the area of health care, the report specifically recommends that the government:

• Encourage the practices needed to ensure AI in health care is safe, transparent, and effective;
• Maintain robust support for health care research related to AI;
• Create incentives and guidance to encourage risk management of AI technologies in health care across various deployment conditions to support AI adoption and improve privacy, enhance security, and prevent disparate health outcomes;
• Support the development of standards for liability related to AI issues; and
• Support appropriate payment mechanisms without stifling innovation.

In related news, the  Congressional Budget Office released its first-ever report on AI last week. The report, which was commissioned by the House Budget Committee, discusses the potential positive and negative impacts of AI technology on the U.S. economy and federal budget.

Warren, Doggett Urge CMS to Finalize CY 2026 MA Regulations – Sen. Elizabeth Warren (D-Mass.) and Rep. Lloyd Doggett (D-Texas) have sent a letter to the Centers for Medicare and Medicaid Services (CMS) urging the agency to swiftly issue the calendar year (CY) 2026 Medicare Advantage (MA) capitation rates and Part C and Part D payment policies this month. The lawmakers specifically ask that the regulations include the final phase-in of updates to the MA risk adjustment model and additional action to rein in overpayments to MA plans. The letter argues that CMS’ proposed changes to the risk adjustment model, if fully phased in as scheduled, will help limit “some of the most egregious forms of upcoding,” highlighting estimates that upcoding by in MA will cost taxpayers $54 billion in 2024 alone. The letter also recommends that CMS implement the Medicare Payment Advisory Commission’s recommendation to use the Demographic Estimate of Coding Intensity method to calculate risk adjustment payments.

E&C Republicans Request Investigation of HHS’ Gender Affirming Care Policies – House Energy and Commerce Committee Republicans have sent a letter asking the HHS Office of the Inspector General (OIG) to investigate the “strength, quality, and types” of evidence used to develop HHS’ gender-affirming care policies. “As the agency responsible for safeguarding the health and well-being of Americans, all of HHS’s medical treatment recommendations, especially medical treatment recommendations for children, should be based on rigorous and well-established research, such as randomized controlled trials, that have definitively illustrated the long-term benefits of gender affirming care treatments,” the letter states. “Accordingly, the Committee requests that the OIG investigate this matter to ensure American children receive evidence-based, high-quality, and safe medical care.”

Wyden Releases Report on State of EMTALA Post-Dobbs – Senate Finance Committee Chair Ron Wyden (D-Ore.) has released a report detailing the findings of an investigation into eight hospitals that reportedly delayed and denied women emergency reproductive health care in potential violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) post-Dobbs. The report found that most hospitals surveyed did not provide physicians with clear guidance on the provision of emergency reproductive care. It makes the following recommendations to mitigate harms for women and providers:

• Hospital associations, provider groups, and hospitals should work together to provide training, guidance, and resources to doctors on the interplay between EMTALA and abortion bans.
• Professional medical organizations should issue guidance and publish standards that clearly define appropriate clinical care in obstetric emergencies.
• Hospitals should support the full spectrum of providers in becoming certified to prescribe mifepristone.
• OBGYNs, primary care physicians, and family medicine physicians should proactively counsel pregnant patients on their EMTALA rights and how to report potential violations.

While the Biden administration is currently challenging Idaho’s enforcement of a near-total abortion ban in court on the grounds that it is in violation of EMTALA, the suit is expected to be rendered moot when the Trump administration takes office on January 20.

CBO Outlines Options for Reducing the Federal Deficit – The Congressional Budget Office (CBO) released a report last week compiling a compendium of policy options for reducing the federal budget deficit between 2025 and 2034. The report presents 76 options for altering spending and revenues to reduce budget deficits, with 14 items related to health and mandatory spending. Amongst other options, CBO explores the possibility of establishing caps on federal spending for Medicaid, increasing premiums paid for Medicare Part B, reducing Medicare Advantage benchmarks, consolidating and reducing Medicare payments for graduate medical education, reducing payments for hospital outpatient departments, and reducing payments for drugs delivered by 340B hospitals.

Recently Introduced Health Legislation

S.Res.927 — A resolution commemorating and supporting the goals of World AIDS Day; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Foreign Relations

S.5535 — A bill to amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to increase penalties for group health plans and health insurance issuers for practices that violate balance billing requirements, and for other purposes; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate – Health, Education, Labor, and Pensions

S.5540 — 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.5541 — A bill to amend the Public Health Service Act to reauthorize the Stop, Observe, Ask, and Respond to Health and Wellness Training Program; Sponsor: Schmitt, Eric [Sen.-R-MO]; Committees: Senate – Health, Education, Labor, and Pensions

H.R.10419 — To amend title XVIII of the Social Security Act to establish a Medicare demonstration program relating to crisis response services; Sponsor: Cárdenas, Tony [Rep.-D-CA-29]; Committees: House – Ways and Means; Energy and Commerce

H.R.10425 — To amend and reauthorize the Workforce Innovation and Opportunity Act and the Older Americans Act of 1965; Sponsor: Foxx, Virginia [Rep.-R-NC-5]; Committees: House – Education and the Workforce; Ways and Means; Energy and Commerce

H.R.10426 — To amend part E of title IV of the Social Security Act to require States to prohibit genital surgery on foster children with variations in sex characteristics who are under six years of age as a condition of receiving grants under such part; Sponsor: Garcia, Sylvia R. [Rep.-D-TX-29]; Committees: House – Ways and Means

H.R.10430 — To amend title 38, United States Code, to require the Department of Veterans Affairs to furnish hospital care and medical services outside a State to veterans with service-connected disabilities rated as permanent and total, and for other purposes; Sponsor: LaLota, Nick [Rep.-R-NY-1]; Committees: House – Veterans’ Affairs

H.R.10437 — To amend title XVIII of the Social Security Act to provide for the guaranteed issue of Medigap policies to all Medigap-eligible Medicare beneficiaries and Medicare Advantage enrollees, and for other purposes; Sponsor: Schneider, Bradley Scott [Rep.-D-IL-10]; Committees: House – Ways and Means; Energy and Commerce

H.R.10438 — To expand cost-sharing reductions with respect to qualified health plans offered through an Exchange, and for other purposes; Sponsor: Schrier, Kim [Rep.-D-WA-8]; Committees: House – Energy and Commerce; Ways and Means

H.R.10439 — To amend the Public Health Service Act to expand research and education with respect to endometrial cancer, and for other purposes; Sponsor: Scott, David [Rep.-D-GA-13]; Committees: House – Energy and Commerce

S.Res.932 — A resolution designating the month of October 2024 as “National Military Toxic Exposures Awareness Month”; Sponsor: Moran, Jerry [Sen.-R-KS]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.5547 — A bill to amend title XIX of the Social Security Act to require States to verify certain eligibility criteria for individuals enrolled for medical assistance quarterly, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Finance

S.5551 — A bill to extend the statute of limitations for offenses relating to pandemic-era programs to be 10 years; Sponsor: Lankford, James [Sen.-R-OK];  Committees: Senate – Judiciary

S.5557 — A bill to require identification in medical records of the Department of Defense of the affiliation of certain non-Department of Defense health care providers, and for other purposes; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate – Armed Services

S.5563 — A bill to require the use of prescription drug monitoring programs; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Health, Education, Labor, and Pensions

S.5573 — 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

H.Res.1617 — Expressing the sense of the House of Representatives that it is the duty of the Federal Government to dramatically expand and strengthen the care economy; Sponsor: Bowman, Jamaal [Rep.-D-NY-16]; Committees: House – Education and the Workforce; Energy and Commerce; Transportation and Infrastructure; Financial Services; Agriculture; Judiciary; Oversight and Accountability

H.R.10444 — To clarify that States do not have authority to establish or continue in effect any requirement with respect to the sale, distribution, possession, or use of less harmful alternatives to traditional tobacco products to protect public health, and for other purposes; Sponsor: Bergman, Jack [Rep.-R-MI-1]; Committees: House – Energy and Commerce

H.R.10445 — Further Continuing Appropriations and Disaster Relief Supplemental Appropriations Act, 2025; Sponsor: Cole, Tom [Rep.-R-OK-4]; Committees: House – Appropriations; Budget; Ways and Means

H.R.10455 — To direct the Secretary of Health and Human Services to establish the Health Sector Cybersecurity Coordination Center, and for other purposes; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Energy and Commerce; Ways and Means; Science, Space, and Technology

H.R.10457 — To amend the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to extend the President’s Emergency Plan for AIDS Relief program; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House – Foreign Affairs

H.R.10480 — To direct the Secretary of Health and Human Services to establish and maintain a local gun violence prevention laws database, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House – Energy and Commerce

H.R.10484 — To direct the Secretary of Health and Human Services to carry out a public awareness campaign to increase participation by women in clinical trials that are conducted or supported by the National Institutes of Health, and for other purposes; Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House – Energy and Commerce

H.R.10487 — To direct the Secretary of Veterans Affairs to carry out a pilot program to provide temporary firearm storage to veterans who seek to store their firearms outside of their residence due to certain mental health conditions, and for other purposes; Sponsor: Higgins, Clay [Rep.-R-LA-3]; Committees: House – Veterans’ Affairs

H.R.10495 — 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.10506 — To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants, contracts, or cooperative agreements for supporting new mobile cancer screening units to expand patient access to essential screening services in rural and underserved communities, and for other purposes; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House – Energy and Commerce

S.5612 — A bill to amend part C of title XVIII of the Social Security Act to provide for prior authorization reforms under the Medicare Advantage program; Sponsor: Whitehouse, Sheldon [Sen.-D-RI]; Committees: Senate – Finance

S.5613 — A bill to improve the quality, appropriateness, and effectiveness of diagnosis in health care, and for other purposes; Sponsor: Van Hollen, Chris [Sen.-D-MD]; Committees: Senate – Health, Education, Labor, and Pensions

S.5624 — A bill to require the Secretary of Veterans Affairs to establish an integrated project team to improve the process for scheduling appointments for health care from the Department of Veterans Affairs, and for other purposes; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate – Veterans’ Affairs

S.5632 — A bill to direct the Secretary of Agriculture to establish and administer a pilot program to provide grants to support Food is Medicine programs, and for other purposes; Sponsor: Heinrich, Martin [Sen.-D-NM]; Committees: Senate – Agriculture, Nutrition, and Forestry

S.5633 — A bill to establish Medicare flex fund accounts and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate – Finance

S.5637 — A bill to establish the “Biomedical Innovation Fund”, and for other purposes; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

S.5638 — A bill to secure the supply of drugs in the United States, and for other purposes; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

H.R.10512 — To extend the RAISE Family Caregivers Act; Sponsor: Bonamici, Suzanne [Rep.-D-OR-1]; Committees: House – Education and the Workforce

H.R.10526 — To amend the Social Security Act to establish a Medicare for America health program to provide for comprehensive health coverage for all Americans; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House – Ways and Means; Energy and Commerce; Judiciary; Natural Resources; Education and the Workforce; House Administration

H.R.10527 — To direct the National Park Service to pursue options for the provision of mineral-based, broad-spectrum sunscreen or other protective methods at low or no cost in national parks; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Natural Resources

H.R.10536 — To amend title 38, United States Code, to establish a mission of the Veterans Health Administration to innovate, and for other purposes; Sponsor: McGarvey, Morgan [Rep.-D-KY-3]; Committees: House – Veterans’ Affairs

Congressional Negotiations for End of Year Package Wrapping Up – Congress continues to negotiate policies to be included in an end of year package with a short-term continuing resolution. To avoid a government shutdown, Congress must act no later than December 20. Congress expects to release language soon. A number of policies are still under discussion, including prior authorization reforms for Medicare Advantage plans. Key health provisions that are reported to be in the end of year package include:

• 2-year extension of telehealth flexibilities;
• 5% adjustment to the Medicare Physician Fee Schedule conversion factor for 2025;
• 2-year reauthorization of the Pandemic and All-Hazards Preparedness Act (PAHPA);
• 5-year reauthorization of the SUPPORT Act programs for opioid response;
• Pharmacy Benefit Manager (PBM) reforms, including delinking and prohibiting spread pricing; and
• Medicare coverage of Multi-Cancer Early Diagnosis (MCED) screening tests.

Once agreement is reached, the language will be made public and the House plans to vote first. Currently, the House is scheduled to be in session until Thursday, December 19. After House passage, the package will require approval by the Senate before it can be sent to the president to be signed into law.

House Passes FY 2025 NDAA – The House of Representatives passed the fiscal year (FY) 2025 National Defense Authorization Act (NDAA) last week. The $884 billion defense authorization bill (H.R. 5009) was approved in a 281-140 vote on Wednesday and the Senate will resume consideration on Monday. The bill contains a few health care related provisions, including a measure to restrict gender affirming care for transgender minors covered by TRICARE. Service members would continue to be permitted to travel to obtain an abortion under the legislation. The bill also requires the Director of National Intelligence to develop a plan to secure those U.S. biotechnology supply chains deemed critical to national security. The Senate is expected to vote on the must-pass legislation before the end of the week.

Senate Passes OAA Reauthorization, HEARTS Act – The Senate passed several health-related bills last week, including the Older Americans Act Reauthorization Act (S. 4776). The bill, which was unanimously approved by the chamber, would reauthorize the Older Americans Act for five years, increasing funding from $2.3 billion to $2.76 billion in fiscal year 2025. The HEARTS Act (H.R. 6829) also passed unanimously. The bill, which passed the House of Representatives by voice vote in September, will now be sent to the President to be signed into law. The legislation aims to combat sudden cardiac arrest in young people and student athletes by increasing access to CPR training and automated external defibrillators in schools.

GOP Steering Committee Makes Leadership, Membership Picks for the 119th Congress – The House GOP Steering Committee made its committee leadership picks for the 119th Congress in private votes last week. Committee leadership will be comprised entirely of male members of Congress for the first time in almost a decade. Rep. Ann Wagner (R-Mo.), the only woman running for a competitive gavel, lost the Foreign Affairs Committee chairmanship to Rep. Brian Mast (R-Fla.).

Rep. Brett Guthrie (R-Ky.) was chosen to serve as the Chairman of the House Energy and Commerce Committee. Guthrie beat Rep. Bob Latta (R-Ohio) to succeed retiring Chair Cathy McMorris Rodgers (R-Wash.). As the leader of a top congressional committee with health policy jurisdiction, Guthrie will play a key role in advancing the GOP’s health care agenda next year. Efforts to overhaul regulation of the pharmacy benefit manager industry are expected to continue under Guthrie’s leadership. Guthrie has also been a proponent of shoring up medical supply chains, increasing transparency around drug pricing, and improving the nation’s response to the opioid epidemic through the reauthorization of the SUPPORT Act. He has introduced legislation (H.R. 7174) that would exempt small molecule drugs from the Inflation Reduction Act’s (IRA) drug price negotiation program for a longer period of time after coming to market, and has also pushed to strengthen oversight of the IRA. Guthrie is a supporter of per capita allotments for state Medicaid programs and of expanding access to association health plans. He currently chairs the Energy and Commerce Health Subcommittee. Reps. Gus Bilirakis (R-Fla.), Buddy Carter (R-Ga.), and Morgan Griffith (R-Va.) are seeking to fill that now-open position.

Rep. Tim Walberg was selected to chair the House Committee on Education and the Workforce next year, beating Rep. Burgess Owens (R-Utah) for the role. Walberg will replace term-limited Chair Virginia Foxx (R-N.C.). During the 118th Congress, the committee has considered reforms to ERISA and employer-sponsored health benefits, as well as ways to lower health care costs while increasing access to care. Walberg has been a strong supporter of maintaining access to telehealth, introducing legislation (H.R. 824) that would permanently allow employers to offer telehealth as a tax-free benefit separate from group health insurance plans. He has also expressed support for restoring Trump-era regulations expanding the availability of association health plans.

House GOP and Democratic leadership also reached an agreement on the standing committee ratios for the 119th Congress. The committees on Appropriations, Energy and Commerce, Financial Services, Transportation and Infrastructure, and Ways and Means will grow by one seat on both sides of the aisle. The Committee on Armed Services will decrease proportionally by one seat, and the Committee on Education and the Workforce will decrease proportionally by four seats on both sides of the aisle. With that agreement having been reached, the GOP Steering Committee selected Reps. Rudy Yakym (R-Ind.), Max Miller (R-Ohio), Nathaniel Moran (R-Texas), and Aaron Bean (R-Fla.) to join the Ways and Means Committee next year. The new members will replace the retiring Reps. Brad Wenstrup (R-Ohio) and Drew Ferguson (R-Ga.), as well as Rep. Michelle Steel (R-Calif.), who lost her race for re-election. The Ways and Means Committee is expected to play a key role in Republicans’ attempt to extend the 2017 tax law before it expires at the end of 2025. The Steering Committee’s picks must all be ratified by the full House Republican Conference, which is expected to take place without controversy early next year.

Rep. Robin Kelly to Co-Chair Democratic Steering Committee – House Democratic Leader Hakeem Jeffries (D-N.Y.) announced last week that Rep. Robin Kelly (D-Ill.) will co-chair the House Democratic Steering and Policy Committee in the 119th Congress. Kelly will serve alongside co-chairs Debbie Wasserman Schultz (D-Fla.) and Nanette Barragán (D-Calif.). The Committee is responsible for determining which Democratic lawmakers lead and serve on standing committees in the House of Representatives.

Bipartisan Bill Introduced to Prohibit Joint Ownership of PBMs, Pharmacies – A bipartisan, bicameral group of lawmakers have introduced legislation to prohibit joint ownership of pharmacy benefit managers (PBMs) and pharmacies. The Patients Before Monopolies (PBM) Act was introduced in the Senate (S. 5503) by Sens. Elizabeth Warren (D-Mass.) and Josh Hawley (R-Mo.) and in the House of Representatives (H.R. 10362) by Reps. Diana Harshbarger (R-Tenn.) and Jake Auchincloss (D-Mass.). The legislation would prohibit a parent company of a PBM or a health insurer from owning a pharmacy business. A one pager on the legislation can be found here and the bill text can be found here.

Lawmakers Urge House Leadership to Avert DSH Cuts – A bipartisan group of more than 150 lawmakers in the House of Representatives have sent a letter urging leadership to stop a nearly $8 billion cut to safety-net hospitals set to take effect January 1. The Affordable Care Act included a phased in reduction of Medicare Disproportionate Share Hospital (DSH) payments beginning in 2014. Congress has since delayed the statutory cuts from going into effect for more than a decade. “Our nation’s Medicaid DSH hospitals, many of which are the backbone of rural and urban communities alike, simply cannot absorb losses of this magnitude,” the letter states. “We ask that you work to prevent these DSH cuts, to ensure our hospitals can continue their mission of providing care for the most vulnerable among us.”

Markey, Braun Question Private Equity Investments in Opioid Treatment Programs – Sens. Ed Markey (D-Mass.) and Mike Braun (R-Ind.) are raising concerns about private equity investment in opioid treatment programs (OTPs) and the role that private equity plays in access to, and the availability of, medication for opioid use disorder (OUD) and methadone in particular. The lawmakers have sent a series of letters to private equity firms requesting details about their investments along with data on patient outcomes specifically related to methadone treatment. The letter highlights Markey’s Modernizing Opioid Treatment Access Act (S. 644), which would allow board-certified addiction psychiatry and addiction medicine physicians registered with the Drug Enforcement Administration to prescribe methadone for OUD to patients and allow U.S. pharmacies to dispense it. The bill is opposed by many for-profit and private equity-owned and affiliated OTPs. “We are concerned that there is incompatibility manifesting itself in private-equity-backed OTPs seeking to maintain their monopoly on methadone access, not because it is good for the patient, but because it is good for the bottom line,” the lawmakers write.

Pelosi Has Hip Surgery Following Injury While Abroad – Former House Speaker Nancy Pelosi (D-Calif.), 84, has been hospitalized following an injury while on a congressional trip to Luxembourg. Pelosi fractured her hip and received hip replacement surgery at a U.S. military hospital in Germany. Her office has stated that she is “well on the mend” and continues to work while in the hospital.

Nobel Laureates Oppose RFK Confirmation – A group of 77 Nobel laureates have sent a letter to the Senate urging lawmakers to oppose the confirmation of Robert F. Kennedy Jr. as Secretary of the U.S. Department of Health and Human Services (DHHS). The letter expresses concerns about RFK’s lack of relevant experience in medicine, science, public health, or administration and specifically condemns the nominee’s opposition to many vaccines, promotion of conspiracy theories, and criticism of government agencies. “In view of his record,” the letter states, “placing Mr. Kennedy in charge of DHHS would put the public’s health in jeopardy and undermine America’s global leadership in the health sciences, in both the public and commercial sectors.”

Doctors for America Suggest Qualifications for Next FDA Commissioner – Doctors for America, a Food and Drug Administration (FDA) watchdog group, is urging the Senate Health, Education, Labor, and Pensions Committee to carefully vet Marty Makary, MD, MPH, who has been nominated by President-elect Donald Trump to serve as FDA Commissioner. The group shares its criteria for a qualified FDA commissioner, and their expectations for the vetting and confirmation process. The letter suggests the following baseline qualities for the next leader of the FDA:

1) Have meaningful clinical experience;

2) Be free from financial conflicts of interest and associations with any industries regulated by the agency;

3) Staunchly support the need for robust clinical trials to support agency decision-making around medical product approvals that measure both safety and efficacy;

4) Maintain the integrity and independence of the agency by transparently following the science in making regulatory decisions;

5) Commit to weighing, considering, and deferring, when necessary, to the scientific view of the multitude of scientific and technical experts within the FDA over their and others’ personal opinions or motives;

6) Be willing to uphold, enforce, and defend existing regulations despite political pressures;

7) Commit to enhancing transparency to instill public trust in the FDA.

Upcoming Congressional Hearings and Markups

House Veterans’ Affairs Subcommittee on Health legislative hearing on H.R. 214, Veterans’ True Choice Act of 2023; H.R. 3176, Veterans Health Care Freedom Act; H.R. 5287, Veterans Access to Direct Primary Care Act; H.R. 8481, Emergency Community Care Notification Time Adjustment Act of 2024; H.R. 10012, To amend title 38, United States Code, to include eyeglass lens fittings in the category of medical services authorized to be furnished to veterans under the Veterans Community Care Program, and for other purposes; H.R. 9924, What Works for Preventing Veteran Suicide Act; H.R. 8347, Improving Menopause Care for Veterans Act; H.R. 6333, Veterans Emergency Care Reimbursement Act; Discussion Draft Supporting Medical Students and VA Workforce Act; and H.R. 10267, Complete the Mission Act of 2024; 2:30 p.m.; December 17

Recently Introduced Health Legislation

H.R.10317 — 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

S.5453 — A bill to amend title 18, United States Code, to provide Tribal courts and law enforcement with more tools to combat the opioid epidemic; Sponsor: Daines, Steve [Sen.-R-MT]; Committees: Senate – Indian Affairs

S.5456 — A bill to amend the Public Health Service Act to authorize rural residency planning and development grant programs, and for other purposes; Sponsor: Smith, Tina [Sen.-D-MN]; Committees: Senate – Health, Education, Labor, and Pensions

S.5459 — A bill to amend title XI of the Social Security Act to alter when biosimilar biological products are eligible for price negotiations under the Medicare program; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Finance

H.R.10331 — To prohibit health insurers, including Medicaid managed care organizations and other private health plans, from imposing arbitrary time caps on reimbursement for anesthesia services and for other purposes; Sponsor: Torres, Ritchie [Rep.-D-NY-15]; Committees: House – Energy and Commerce

S.5460 — A bill to modify the Precision Medicine for Veterans Initiative of the Department of Veterans Affairs; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

S.5464 — A bill to amend title XVIII of the Social Security Act to require the collection of data regarding graduate medical education; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Finance

H.Res.1613 — Recognizing the importance of a continued commitment to ending pediatric HIV/AIDS worldwide; Sponsor: McClellan, Jennifer L. [Rep.-D-VA-4]; Committees: House – Foreign Affairs; Energy and Commerce

H.R.10337 — To amend the Public Health Service Act to establish a demonstration project to make grants to eligible hospitals for the purpose of promoting work-based learning in health care, and for other purposes; Sponsor: Brown, Shontel M. [Rep.-D-OH-11]; Committees: House – Energy and Commerce

H.R.10346 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to reimburse State homes for the cost of, or to furnish to State homes, certain costly medications provided to veterans who receive nursing home care in such State homes, and for other purposes; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Veterans’ Affairs

S.5474 — A bill to amend title XI of the Social Security Act to establish an interagency council on social determinants of health, and for other purposes; Sponsor: Young, Todd [Sen.-R-IN]; Committees: Senate – Finance

S.5481 — A bill to clarify that agencies of the Department of Health and Human Services do not have the authority to regulate the practice of medicine; Sponsor: Johnson, Ron [Sen.-R-WI]; Committees: Senate – Health, Education, Labor, and Pensions

S.5492 — A bill to amend title XVIII of the Social Security Act to provide for payment for services of radiologist assistants under the Medicare program, and for other purposes; Sponsor: Boozman, John [Sen.-R-AR]; Committees: Senate – Finance

H.R.10362 — To prohibit pharmacy benefit managers and pharmacies from being under common ownership, and for other purposes; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Judiciary

H.R.10365 — To extend certain authorities relating to United States efforts to combat HIV/AIDS, tuberculosis, and malaria globally, and for other purposes; Sponsor: James, John [Rep.-R-MI-10]; Committees: House – Foreign Affairs

H.R.10373 — To amend the Internal Revenue Code of 1986 to create a tax credit for nurse preceptors; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House – Ways and Means; Appropriations

H.R.10374 — To require the Director of the Office of Science and Technology Policy to develop a consistent set of policy guidelines for Federal research agencies to address mental health and mentoring of graduate researchers and postdoctoral researchers, and for other purposes; Sponsor: Tonko, Paul [Rep.-D-NY-20]; Committees: House – Science, Space, and Technology

S.5502 — A bill to ensure continued access to diabetes technology upon Medicare enrollment, and for other purposes; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate – Finance

S.5503 — A bill to prohibit pharmacy benefit managers and pharmacies from being under common ownership, and for other purposes; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate – Judiciary

S.5504 — A bill to amend the Public Health Service Act to eliminate consideration of the income of organ recipients in providing reimbursement of expenses to donating individuals, and for other purposes; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate – Health, Education, Labor, and Pensions

S.5510 — A bill to amend title XI of the Social Security Act to require pharmaceutical and device manufacturers to publicly disclose covered payments made to patient advocacy organizations; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Finance

S.5511 — A bill to amend the Older Americans Act of 1965 to provide additional opportunities for older individuals to volunteer at facilities that serve older individuals or individuals in younger generations, and for other purposes; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate – Health, Education, Labor, and Pensions

S.5517 — A bill to provide for the establishment, within the Food and Drug Administration, of an Abraham Accords Office to promote and facilitate cooperation between the Food and Drug Administration and entities in Abraham Accords countries wishing to work with the agency in order to develop and sell products in the United States, and for other purposes; Sponsor: Budd, Ted [Sen.-R-NC]; Committees: Senate – Foreign Relations

S.5524 — A bill to provide for civil monetary penalties for violations of mental health parity requirements; Sponsor: Murphy, Christopher [Sen.-D-CT]; Committees: Senate – Health, Education, Labor, and Pensions

H.R.10381 — To amend title 38, United States Code, to authorize a joint scholarship program under which the Secretary of Veterans Affairs pays for medical education of an officer of the commissioned corps of the Public Health Service at the Uniformed Services University in return for a period of obligated service by such officer at a medical facility of the Department of Veterans Affairs, and for other purposes; Sponsor: Takano, Mark [Rep.-D-CA-39]; Committees: House – Veterans’ Affairs; Armed Services; Energy and Commerce

H.R.10396 — To amend title 38, United States Code, to ensure that the Secretary of Veterans Affairs furnishes certain non-opioid pain medications to veterans, and for other purposes; Sponsor: Landsman, Greg [Rep.-D-OH-1]; Committees: House – Veterans’ Affairs

H.R.10406 — To amend the Federal Food, Drug, and Cosmetic Act to authorize requiring the manufacturers of a covered device to disclose to a patient all patient-specific data that is recorded or transmitted by the device and accessible to the manufacturer, and for other purposes; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House – Energy and Commerce

H.R.10409 — To address the high costs of health care services, prescription drugs, and health insurance coverage in the United States, and for other purposes; Sponsor: Westerman, Bruce [Rep.-R-AR-4]; Committees: House – Energy and Commerce; Ways and Means; Education and the Workforce; Judiciary; Oversight and Accountability; Rules; Budget; Armed Services; House Administration

Thune Previews Plans for 2025 Reconciliation Bills – Incoming Senate Majority Leader John Thune (R-S.D.) stated in a closed-door meeting with Senate Republicans last week that he will seek to pass a budget reconciliation bill within the first 30-days of the new Trump administration that focuses on border security, defense, and energy. Thune then plans to work to pass a second reconciliation bill later in the year to deal with extending the 2017 tax cuts that are set to expire at the end of 2025. Thune’s agenda is at odds with the goals of some Republicans in the House of Representatives, who are aiming to pass a tax bill within President Donald Trump’s first 100 days in office.

Lawmakers Continue Negotiations on Year-End Package, Health Extenders – Members of Congress continue to negotiate a year-end funding package that could include health care related extenders. Republicans have proposed a three-year extension of COVID-era telehealth and hospital-at-home flexibilities, flat funding for community health centers, full reauthorizations of the SUPPORT Act and the Pandemic and All-Hazards Preparedness Act, and a 2.5% increase to Medicare physician reimbursements (averting part of the pending 2.83% cut to physician payments under Medicare). The extensions would be offset by repeal of the Biden administration’s nursing home staffing rule and pharmacy benefit manager reforms.

Senate Democratic Leadership Elections – Democratic leadership in the Senate will remain largely unchanged next Congress after conference-wide elections last week. Democratic leader Chuck Schumer (D-N.Y.) and Whip Dick Durbin (D-Ill.) will continue to serve in their current positions during the 119th Congress. Sen. Amy Klobuchar (D-Minn.) will serve as chair of the Democratic Steering and Policy Committee, replacing retiring Sen. Debbie Stabenow (D-Mich.). Sen. Cory Booker (D-N.J.) will chair the Democratic Strategic Communications Committee. The full leadership team was unanimously approved during a closed-door conference meeting last week. The remaining results of the Senate Democratic leadership elections are as follows:

• Sens. Elizabeth Warren (D-Mass.) and Mark Warner (D-Va.) will serve as conference vice chairs.
• Sen. Bernie Sanders (I-Vt.) will serve as outreach chair and Sen. Catherine Cortez Masto (D-Nev.) will serve as outreach vice chair.
• Sen. Tammy Baldwin (D-Wis.) will serve as conference secretary and Sens. Brian Schatz (D-Hawaii) and Chris Murphy (D-Conn.) will serve as deputy conference secretaries.

In related news, House Minority Leader Hakeem Jeffries (D-N.Y.) has appointed Rep. Suzan DelBene (D-Wash.) to continue to serve as chair of the Democratic Congressional Campaign Committee. DelBene has served in the position since 2023.

2025 Congressional Calendars – House Majority Leader Steve Scalise (R-La.) released the House of Representative’s 2025 legislative calendar last week. The chamber is scheduled to be in session for 34 weeks. The 119th Congress will begin on January 3 with the swearing in of members and election of a Speaker of the House. While Speaker Mike Johnson (R-La.) has already been selected by Republicans as their nominee, he will need to be elected speaker by a majority of the chamber come January.

Incoming Majority Leader John Thune (R-S.D.) has also posted the Senate’s calendar for 2025. The chamber is scheduled to work for approximately 180 days, including Fridays, next year. After returning for the 119th Congress on January 3, the Senate is not scheduled to have its first recess until mid-March.

Republicans Secure 220 Seat Majority in House – Republicans in the House of Representatives will officially hold a 220-seat majority in the 119th Congress following incumbent Rep. John Duarte’s (R-Calif.) loss to former state assemblyman Adam Gray (D). The House could open the year with two vacant Republican seats – belonging to Rep. Mike Waltz (R-Fla.), President-elect Donald Trump’s pick for national security adviser, and the resigned Rep. Matt Gaetz (R-Fla.). Those seats are set to be filled in Florida special elections on April 1st. The GOP are also expected to see another vacancy upon Senate confirmation of Rep. Elise Stafanik (R-N.Y.), who has been tapped to serve as ambassador to the United Nations.

Schiff and Kim to be Sworn in as Senators – Reps. Adam Schiff (D-Calif.) and Andy Kim (D-N.J.) resigned from the House of Representatives and will be sworn in on Monday as members of the U.S. Senate. They will fill the remaining days of senate terms being vacated by Sens. Laphonza Butler (D) and George Helmy (D) respectively. Butler and Helmy were appointed to fill seats previously held by the late Sen. Dianne Feinstein (D) and Bob Menendez (D) who resigned. By being sworn in to complete the senate terms during the 118th Congress, Schiff and Kim gain seniority for committee assignments over incoming members of the Senate freshman class to be sworn in for the 119th Congress on January 3rd.

House Votes to Reauthorize ONDCP – The House of Representatives voted 399-1 on Thursday to reauthorize the Office of National Drug Control Policy (ONDCP) through 2031. ONDCP is responsible for coordinating U.S. drug control policy across the administration; its authorization expired on September 30, 2023. The reauthorization legislation (H.R. 9598) also renews the Drug-Free Communities Program, a grant program administered by ONDCP aimed at reducing substance use among young people.

House Committee Chairs to be Chosen This Week – The House GOP Steering Committee will choose new chairs for a number of House committees this week, including the Energy and Commerce Committee. Members of the Steering Committee will hear presentations from committee leadership potentials on Monday and Thursday, and are expected to make decisions about chairmanships by the end of the week. Reps. Brett Guthrie (R-Ky.) and Bob Latta (R-Ohio) are running to replace retiring Energy and Commerce Chair Cathy McMorris Rodgers (R-Wash.). Latta will be the most senior Republican on the panel next year, has sat on all six of its subcommittees, and has chaired two of its subcommittees. Guthrie has sat on five of Energy and Commerce’s subcommittees, and currently chairs the Health Subcommittee. The Education and Workforce Committee, which has jurisdiction over ERISA-regulated health plans will have a new chair since current Chair Virginia Foxx (R-N.C.) decided not to continue in the position. Reps. Tim Walberg (R-Mich.) and Burgess Owens (R-Utah) are seeking the chairmanship.

House COVID-19 Panel Releases Final Reports – The House Select Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup, DPM (R-Ohio) released its final report last week titled After Action Review of the COVID-19 Pandemic: The Lessons Learned and a Path Forward. The full, 520-page final report can be found here, and a summary of the report can be found here. In his introduction to the report, Chairman Wenstrup outlines the following topics as points of bipartisan consensus: 1) The possibility that COVID-19 emerged because of a laboratory or research related accident is not a conspiracy theory; 2) EcoHealth Alliance, Inc. and Dr. Peter Daszak should never again receive U.S. taxpayer dollars; 3) Scientific messaging must be clear and concise, backed by evidentiary support, and come from trusted messengers, such as front-line doctors treating patients; 4) Public health officials must work to regain American’s trust; Americans want to be educated, not indoctrinated; and 5) Former New York Governor Andrew Cuomo participated in medical malpractice and publicly covered up the total number of nursing home fatalities in New York. Ranking Member Raul Ruiz, MD (D-Calif.) released the Select Subcommittee Democrats’ final report which stated that the Republican-led subcommittee “failed to find the virus’ origins or advance our understanding of how the novel coronavirus came to be.” Also, he submitted for the record numerous substantive objectives to the report. The Majority report was adopted by the subcommittee on Wednesday by voice vote.

GOP Lawmakers Question HHS on AI Assurance Labs – A group of Republicans in the House of Representatives have sent a letter to the U.S. Department of Health and Human Services (HHS) regarding plans to create government-administered assurance labs that would be charged with vetting artificial intelligence (AI) technology. The lawmakers ask that the Department stop plans to create the assurance labs and “walk back” its support for the Coalition for Health AI’s (CHAI) proposed model for such labs. The letter to HHS Assistant Secretary for Technology Policy Micky Tripathi was signed by Reps. Dan Crenshaw (R-Texas), Brett Guthrie (R-Ky.), Jay Obernolte (R-Calif.), and Mariannette Miller-Meeks (R-Iowa). The lawmakers point out that Tripathi was a board observer for CHAI, and ask “how putting the organization directly in control of market entry for innovative technologies does not represent a significant conflict of interest.”

Pallone Urges FDA to Take Action on Red Dye 3 – House Energy and Commerce Committee Ranking Member Frank Pallone (D-N.J.) has sent a letter to the Food and Drug Administration (FDA) asking the agency to take immediate action to prohibit the use of Red Dye 3 in FDA-regulated products. While FDA banned its use in other products over 30 years ago, Red Dye 3 remains on the market as a color additive approved for use in food and dietary supplements, despite being a known animal carcinogen with health consequences for children. “There is simply no reason for this chemical to be in our food except to entice and mislead consumers by changing the color of their food so it looks more appealing,” Pallone wrote. “With the holiday season in full swing where sweet treats are abundant, it is frightening that this chemical remains hidden in these foods that we and our children are eating.”

GAO Releases Report on Advance Premium Tax Credits – The Government Accountability Office (GAO) has released a new report examining the federal tax credit meant to offset the premium cost of covering the essential health benefits (EHB) laid out by the Affordable Care Act. Under the law, states may require marketplace plans to cover additional benefits, but the federal tax credit cannot be used to offset the part of the premium that pays for those additional benefits. GAO recommends that the Centers for Medicare and Medicaid Services conduct a risk assessment to determine whether its oversight approach is sufficient to ensure that advance premium tax credits exclude the costs of non-EHB mandated benefits, or whether additional oversight is needed. The report was requested by Republican leadership of the House Energy and Commerce Committee. In response to the report, Chair Cathy McMorris Rodgers (R-Wash.) encouraged policymakers to “to work swiftly to safeguard taxpayer funds at every corner of the agency” and “prioritize rigorous enforcement of all requirements intended to prevent improper spending.”

CBO Projects Impact of Enhanced Premium Subsidy Expiration – The Congressional Budget Office (CBO) estimates that 2.2 million people would lose health coverage in 2026 if Congress allows enhanced premium subsidies for Affordable Care Act marketplace plans to expire at the end of next year. This number would increase to 3.7 million in 2027 and 3.8 million on average between 2026 and 2034. Failure to extend the expanded subsidies would also result in gross benchmark premiums increasing by 4.3% in 2026, 7.7% in 2027, and 7.9% on average between 2026 and 2034. CBO estimates that permanent extension of the subsidies would increase the deficit by $335 billion over the next decade.

Recently Introduced Health Legislation

H.R.10266 — To amend title XIX of the Social Security Act to remove the exclusion from medical assistance under the Medicaid program of items and services for patients in an institution for mental diseases, and for other purposes. Sponsor: Torres, Ritchie [Rep.-D-NY-15]; Committees: House – Energy and Commerce

S.5417 — A bill to amend title XIX of the Social Security Act to add a Medicaid State plan requirement with respect to the determination of residency of certain individuals serving in the Armed Forces; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate – Finance

S.5418 — A bill to amend the Public Health Service Act to authorize grants for training and support services for families and caregivers of people living with Alzheimer’s disease or a related dementia; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Health, Education, Labor, and Pensions

H.Res.1605 — Supporting the goals of World AIDS Day; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House – Energy and Commerce; Foreign Affairs

H.R.10267 — 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.10271 — To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population; Sponsor: Castor, Kathy [Rep.-D-FL-14]; Committees: House – Energy and Commerce

H.R.10272 — To amend title XVIII of the Social Security Act to provide coverage of weight loss agents for certain individuals under part D of the Medicare program; Sponsor: Cherfilus-McCormick, Sheila [Rep.-D-FL-20]; Committees: House – Energy and Commerce; Ways and Means

H.R.10280 — To amend the Internal Revenue Code of 1986 to exclude certain health professions education scholarship and loan payments from gross income; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House – Ways and Means

S.5419 — A bill to require the Secretary of Health and Human Services to maintain a list of the country of origin of certain critical drugs marketed in the United States, and for other purposes; Sponsor: Cotton, Tom [Sen.-R-AR]; Committees: Senate – Health, Education, Labor, and Pensions

S.5424 — A bill to prohibit gender transition procedures on minors, to authorize the Secretary of Health and Human Services to impose civil penalties on persons who perform gender transition procedures on minors, and for other purposes; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate – Health, Education, Labor, and Pensions

S.5428 — A bill to provide women with increased access to preventative and life-saving cancer screening; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate – Health, Education, Labor, and Pensions

H.R.10281 — To promote United States leadership in technical standards by directing the National Institute of Standards and Technology and the Department of State to take certain actions to encourage and enable United States participation in developing standards and specifications for artificial intelligence and other critical and emerging technologies, and for other purposes; Sponsor: Obernolte, Jay [Rep.-R-CA-23]; Committees: House – Science, Space, and Technology

H.R.10282 — To amend the Public Health Service Act with respect to the Living Organ Donation Reimbursement Program; Sponsor: DelBene, Suzan K. [Rep.-D-WA-1]; Committees: House – Energy and Commerce; Ways and Means

H.R.10287 — To provide women with increased access to preventive and life-saving cancer screening; Sponsor: Gomez, Jimmy [Rep.-D-CA-34]; Committees: House – Energy and Commerce

H.R.10288 — To amend the Employee Retirement Income Security Act of 1974 to prohibit health care providers and facilities from imposing certain facility fees for telehealth; Sponsor: Hayes, Jahana [Rep.-D-CT-5]; Committees: House – Education and the Workforce

H.R.10291 — To amend title XVIII of the Social Security Act to provide coverage for certain fall prevention items under the Medicare program; Sponsor: Magaziner, Seth [Rep.-D-RI-2]; Committees: House – Energy and Commerce; Ways and Means; Budget

H.R.10297 — To advance research, promote awareness and education, and improve health care, with respect to thyroid disease, and for other purposes; Sponsor: Stevens, Haley M. [Rep.-D-MI-11]; Committees: House – Energy and Commerce

S.5432 — A bill to facilitate direct primary care arrangements under Medicaid; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate – Finance

S.5433 — A bill to provide consumers with the right to delete their genomic data, and for other purposes; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Commerce, Science, and Transportation

S.5437 — A bill to authorize the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation Network; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Health, Education, Labor, and Pensions

S.5445 — A bill to amend title XVIII of the Social Security Act to provide coverage of contraceptive items and services at no cost-sharing under the Medicare program, and for other purposes; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate – Finance

S.5448 — A bill to clarify the time period for registering health care apprenticeships under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”) and require the digitization of apprenticeship agreement forms under such Act, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate – Health, Education, Labor, and Pensions

H.R.10299 — To amend title XIX of the Social Security Act to prohibit Federal financial participation for gun violence prevention or intervention programs under the Medicaid program; Sponsor: Clyde, Andrew S. [Rep.-R-GA-9]; Committees: House – Energy and Commerce

H.R.10305 — To amend title XVIII of the Social Security Act to exempt certain drugs from the part D manufacturer discount program under the Medicare program; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Committees: House – Energy and Commerce; Ways and Means

H.R.10307 — To direct the Secretary of Defense to carry out a pilot program under which a TRICARE Prime beneficiary may access obstetrical and gynecological care without a referral, and for other purposes; Sponsor: Horsford, Steven [Rep.-D-NV-4]; Committees: House – Armed Services

Trump Names NIH, HHS Deputy Secretary Nominees President Donald Trump has nominated Jay Bhattacharya to serve as the next Director of the National Institutes of Health (NIH). Bhattacharya is a Stanford University physician, economist, and professor of health policy. His research focuses on the health and well-being of vulnerable populations, with a particular emphasis on the role of government programs, biomedical innovation, and economics.  He was one of the main authors of the Great Barrington Declaration, a document that called for an end to COVID-19 lockdowns in October 2020. Bhattacharya has also been critical of other aspects of the U.S. response to the pandemic, accusing former NIH leaders of suppressing scientific debate and research, and calling for an overhaul of the biomedical research agency.

The President-elect has also nominated Jim O’Neil to serve as Deputy Secretary of Health and Human Services. O’Neill is a science and technology investor. He previously served as U.S. Department of Health and Human Services (HHS) principal associate deputy secretary during the George W. Bush administration and is the former acting CEO of the Thiel Foundation. During his first term in office, Trump considered O’Neill to serve as Commissioner of Food and Drugs. O’Neill has previously argued that medicines should be approved once their safety is confirmed by the Food and Drug Administration, and that a review of efficacy data should take place after a drug has gone to market.  If confirmed, O’Neill would be second in command to nominee Robert F. Kennedy, Jr. at HHS.

House COVID Panel to Release Final Report This Week – The House Select Subcommittee on the Coronavirus Pandemic will hold a markup of the panel’s final report this week. The final report will include investigative materials, findings, and recommendations related to:

• COVID-19 origins
• Taxpayer funded COVID-19 relief programs
• Laws enacted in reaction to COVID-19
• COVID-19 vaccine development and implementation
• Economic impact of COVID-19 on individuals, communities, businesses, states, and governments
• Societal impacts of COVID-19
• Executive branch COVID-19 related decisions
• Executive branch cooperation with Congress to prevent a future pandemic

The report will be released to the public ahead of Wednesday’s markup.

DeSantis Announces Special Election Dates to Replace Gaetz, Waltz in House – Governor Ron DeSantis (R) has set the special election to fill Florida’s 1^st Congressional District seat in the House of Representatives for April 1. The seat was recently vacated by former Rep. Matt Gaetz (R). The front runner in the Republican primary, which will take place on January 28, is Jimmy Patronis, the state’s Chief Financial Officer. The special primary and election to fill the seat of Florida’s 6^th District Rep. Michael Waltz (R) will be held on the same dates. Waltz, who was tapped to serve as President Trump’s national security adviser, is resigning effective January 20. Former Florida state House member Randy Fine has announced his candidacy to succeed Waltz and has already won the endorsement of President-elect Trump.

CMS Proposes Medicare Coverage of Anti-Obesity Medications – The Biden administration has taken the first step to expanding access to popular new weight-loss drugs for patients covered by Medicare and Medicaid. The proposed rule from the Centers for Medicare and Medicaid Services (CMS) would require the programs to cover anti-obesity drugs. Congress banned Medicare from covering the popular weight-loss drugs known as GLP-1s solely for weight loss purposes in 2003, though the treatments can be covered for other indications like diabetes and heart conditions. CMS’ proposal involves the classification of obesity as a chronic, complex disease, which will allow the recognition of GLP-1 drugs as anti-obesity treatments under Part D. The proposal is estimated to cost $40 billion over the next decade. Concerns about the impact of the regulation on health care costs were highlighted by a number of Democrats on Capitol Hill. Senate Health, Education, Labor, and Pensions Committee Chairman Bernie Sanders (I-Vt.) praised the administration’s recognition of the importance of anti-obesity medications, but highlighted that “unless Medicare demands that Novo Nordisk and Eli Lilly substantially reduce the prices for these anti-obesity drugs, Medicare premiums for all seniors would skyrocket.” It is unlikely that the rule, which must still complete the notice and comment rulemaking process, will be finalized in the next two months, and it is unclear how the proposal will be handled by the incoming Trump administration. Nominee for Secretary of Health and Human Services Robert F. Kennedy Jr. has expressed skepticism about weight-loss drugs in the past.

Upcoming Congressional Hearings and Markups

House Select Subcommittee on the Coronavirus Pandemic business meeting to consider the report on “After Action Review of the COVID-19 Pandemic: The Lessons Learned and a Path Forward;” 10:30 a.m.; December 4

Senate Environment and Public Works Committee hearing “Examining the Public Health Impacts of PFAS Exposures;”  9:30 a.m.; December 5

Recently Introduced Health Legislation

S.Res.908 — A resolution expressing support for the goals of Stomach Cancer Awareness Month; Sponsor: Young, Todd [Sen.-R-IN]; Committees: Senate – Health, Education, Labor, and Pensions

S.Res.909 — A resolution designating November 21, 2024, as “National Rural Health Day”; Sponsor: Barrasso, John [Sen.-R-WY]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.Res.910 — A resolution designating November 2024 as “National Hospice and Palliative Care Month”; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Judiciary

S.Res.912 — A resolution designating November 2024 as “National Lung Cancer Awareness Month” and expressing support for early detection and treatment of lung cancer; Sponsor: Smith, Tina [Sen.-D-MN]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.Res.915 — A resolution designating September 2024 as “National Prostate Cancer Awareness Month”; Sponsor: Crapo, Mike [Sen.-R-ID]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.Res.917 — A resolution recognizing November 2024 as “National Family Caregivers Month”; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate – Health, Education, Labor, and Pensions

S.5367 — 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 benefits for lung cancer screenings for certain individuals without the imposition of cost sharing; Sponsor: Smith, Tina [Sen.-D-MN]; Committees: Senate – Health, Education, Labor, and Pensions

S.5368 — A bill to amend the Federal Food, Drug, and Cosmetic Act to expand drug shortage notification practices to include surges in demand for a drug, and for other purposes; Sponsor: Kaine, Tim [Sen.-D-VA]; Committees: Senate – Health, Education, Labor, and Pensions

S.5375 — A bill to amend title XXVII of the Public Health Service Act to improve health care coverage under vision and dental plans, and for other purposes; Sponsor: Murphy, Christopher [Sen.-D-CT]; Committees: Senate – Health, Education, Labor, and Pensions

S.5380 — A bill to amend title XVIII of the Social Security Act to provide coverage of portable ultrasound transportation and set up services under the Medicare program; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate – Finance

S.5390 — A bill to require the Secretary of Health and Human Services and the Director of the Cybersecurity and Infrastructure Security Agency to coordinate to improve cybersecurity in the health care and public health sectors, and for other purposes; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Health, Education, Labor, and Pensions

S.5394 — A bill to require Federal law enforcement and prison officials to obtain or provide immediate medical attention to individuals in custody who display medical distress; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate – Judiciary

S.5397 — A bill to amend title XVIII of the Social Security Act to adjust allowable direct and indirect costs for nursing and allied health education programs; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate – Finance

S.5399 — A bill to amend title 11, United States Code, to provide bankruptcy protections for medically distressed debtors, and for other purposes; Sponsor: Whitehouse, Sheldon [Sen.-D-RI]; Committees: Senate – Judiciary

S.5400 — A bill to amend title XI of the Social Security Act to require the Center for Medicare and Medicaid Innovation to test an emergency medical services treatment-in-place model under the Medicare program; Sponsor: Manchin, Joe, III [Sen.-I-WV]; Committees: Senate – Finance

H.Con.Res.133 — Expressing the sense of Congress that public health professionals should be commended for their dedication and service to the United States on Public Health Thank You Day, November 25, 2024; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House – Energy and Commerce

H.Res.1595 — Expressing support for the designation of November 2024 as “National Lung Cancer Awareness Month” and expressing support for early detection and treatment of lung cancer; Sponsor: Boyle, Brendan F. [Rep.-D-PA-2]; Committees: House – Energy and Commerce

Trump Names CMS, CDC, FDA, Surgeon General Nominees – President-elect Donald Trump named several additional nominations for key health-related administration positions last week.

Mehmet Oz, M.D., the celebrity physician and TV personality known as Dr. Oz, was selected to serve as the Administrator of the Centers for Medicare and Medicaid Services (CMS). Oz is a well-known supporter of alternative and unconventional remedies and holistic care.  As an informal health advisor to President Trump during his first term in office, Oz supported unproven COVID-19 therapies, including the use of hydroxychloroquine for the treatment of COVID-19. Oz’s experience as a physician and cardiothoracic surgeon has been highlighted as a potential strength for the role of CMS Administrator. Senate Health, Education, Labor, and Pensions Committee Chair Bill Cassidy, M.D. (R-La.), who also serves on the Senate Finance Committee, expressed support for Oz’s nomination on X, stating “It has been over a decade since a physician has been at the helm of CMS, and I look forward to discussing his priorities. This is a great opportunity to help patients and implement conservative health reforms.” Oz unsuccessfully ran for the U.S. Senate in Pennsylvania in 2022, losing to now-Sen. John Fetterman (D). While most Democrats on Capitol Hill have raised concerns about Oz’s lack of government experience and endorsement of questionable health supplements, Fetterman stated that he would support his previous opponent if Oz “is about protecting and preserving Medicare and Medicaid.” Oz supports expansion of the Medicare Advantage (MA) program, having proposed a “Medicare Advantage for All” plan funded by a 20% payroll tax during his campaign for Senate. Oz co-founded a digital health company, Sharecare, in 2010, and has since called for making COVID-19-era telehealth flexibilities permanent. Oz’s nomination will be voted on by the Senate Finance Committee. Incoming Finance Chair Mike Crapo (R-Idaho) has praised Oz “for providing consumers with the necessary information to make their own health care decisions,” while current Chair Ron Wyden (D-Ore.) has already stated his plans to question Oz about MA plans’ use of prior authorization.

Trump has nominated former Congressman Dave Weldon, M.D. as the Director of the Centers for Disease Control and Prevention (CDC). Weldon is a board-certified internist who served in the House of Representatives from 1995 through 2009. He is currently a professor of biomedical engineering at the Florida Institute of Technology. Weldon’s medical career has focused on the management of hypertension, elevated cholesterol, diabetes, arthritis, cancer screening, preventive care, and general illnesses of the elderly. In the House, Weldon sponsored a provision known as the “Weldon Amendment,” which prevents federal funds from being made available to Federal agencies and programs, and State and local governments, that “subject any institutional or individual health care entity to discrimination” on the basis of not providing, paying for, providing coverage of, or referring for abortions.

Marty Makary, M.D. has been tapped to lead the Food and Drug Administration (FDA). Makary is a Johns Hopkins professor and surgeon. He is also a health policy researcher and adviser at the Paragon Health Institute. Makary’s work has focused on the high costs and overtreatment present in the U.S. health care system. He has been a frequent critic of many aspects of the nation’s response to the COVID-19 pandemic, including COVID vaccine use in children.

Trump also tapped Janette Nesheiwat, M.D. to serve as the next Surgeon General. Nesheiwat is a Fox News medical contributor and the medical director at CityMD, a group of urgent care centers in New York. She is board certified in family/emergency medicine.

House Democratic Leadership Elections – Democratic leadership in the House of Representatives will remain largely unchanged next Congress after caucus-wide elections last week. Democratic leader Hakeem Jeffries (D-N.Y.), Whip Katherine Clark (D-Mass.), Caucus Chair Pete Aguilar (D-Calif.), Vice Chair Ted Lieu (D-Calif.), and Assistant Leader Joe Neguse (D-Colo.) will continue to serve in their current positions during the 119^th Congress. The remaining results of the House Democratic leadership elections are as follows:

• Debbie Dingell (D-Mich.) defeated Rep. Jasmine Crockett (D-Texas) in the race for Democratic Policy and Communications Committee (DPCC) Chair.
• Lauren Underwood, R.N. (D-Ill.), Lori Trahan (D-Mass.), and Maxwell Frost (D-Fla.) were elected to serve as DPCC co-chairs.
• Robert Garcia (D-Calif.) was elected Caucus Leadership Representative.
• Susie Lee (D-Nev.) defeated Reps. Kim Schrier, M.D. (D-Wash.) and Greg Landsman (D-Ohio) to serve as the next Battleground Leadership Representative.

Leader Jeffries is responsible for appointing the next Democratic Congressional Campaign Committee (DCCC) Chair. Current DCCC Chair Suzan DelBene (D-Wash.) has declined to say whether she is interested in serving another term.

Congress Considers Biden’s Emergency Supplemental Funding Request – Lawmakers’ focus during the lame duck period so far has been on electing leadership for the 119^th Congress and negotiating an emergency supplemental relief bill. House Speaker Mike Johnson (R-La.) has indicated that there is bipartisan interest in passing a supplemental relief package, and that the President’s request for $98.6 billion in disaster aid in response to recent hurricanes is currently being evaluated.  The administration’s emergency supplemental funding request sent to Congress last week calls for $40 billion for the Federal Emergency Management Agency’s Disaster Relief Fund and $3 billion for the U.S. Department of Health and Human Services (HHS) to support health care needs in areas impacted by the hurricanes, among other funding requests. It remains unclear if the aid will be passed as a standalone measure or be attached to government funding legislation. Congress faces a December 20 deadline to avoid a federal government shutdown. House Republican leadership is expected to push for a stopgap spending bill that funds the government through March 2025, which would allow the GOP to implement their own budget priorities under Republican control of the White House, Senate, and Congress in the new year.

Senate Judiciary Advances Patent Reform Bill – The Senate Judiciary Committee advanced the PREVAIL Act (S. 2220) last week in an 11-10 vote. The bipartisan legislation, which was introduced by Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), aims to reform the Patent Trial and Appeal Board (PTAB) and ensure the U.S. Patent and Trademark Office (USPTO) has the resources it needs to effectively administer the nation’s patent system. The legislation would also end USPTO fee diversion. The panel agreed to a manager’s amendment addressing Democratic concerns that the bill could impede access to PTAB by advocates for patient and generic drug manufacturers.

Senators Push for Doc Fix and Long-Term Physician Payment Reform – A bipartisan group of 41 senators led by Sens. John Boozman, OD (R-Ark.) and Peter Welch (D-Vt.) have sent a Dear Colleague letter to Majority Leader Chuck Schumer (D-N.Y.) and Minority Leader Mitch McConnell (R-Ky.) urging leadership to address the 2.8% cut to Medicare payments set to go into effect on January 1. “Persistent instability in the health care sector – due, in part, to consistent payment cuts – impacts the ability of physicians and clinicians to provide the highest quality of care,” the lawmakers argue. “These continued payment cuts undermine the ability of independent clinical practices – especially in rural and underserved areas – to care for their communities.” The letter also underscores the need for long-term legislative solutions to reform the Medicare Access and CHIP Reauthorization Act, such as reforms to statutory budget neutrality requirements and payment updates reflective of inflation.

Senators Introduce Health Care Cybersecurity Legislation – Members of the Senate Bipartisan Cybersecurity Working Group introduced legislation last week to strengthen cybersecurity in the nation’s health care sector and better protect Americans’ health data. The Health Care Cybersecurity and Resiliency Act of 2024 (S. 5390) was introduced on Friday by Sens. Bill Cassidy, M.D. (R-La.), Mark Warner (D-Va.), John Cornyn (R-Texas), and Maggie Hassan (D-N.H.). The bill would:

• Provide grants to health entities to improve cyberattack prevention and response;
• Provide training to health entities on cybersecurity best practices;
• Provide best practices to rural health clinics and other providers on cybersecurity breach prevention, resilience, and coordination with federal agencies;
• Improve coordination between HHS and the Cybersecurity and Infrastructure Security Agency;
• Modernize regulations so entities covered under HIPAA use the best cybersecurity practices; and
• Require the HHS Secretary to develop and implement a cybersecurity incident response plan.

Warren, Grassley Request IRS Briefing on Tax Exempt Hospitals – Sens. Elizabeth Warren (D-Mass.) and Chuck Grassley (R-Iowa) have written to the Internal Revenue Service urging the agency to increase oversight of tax-exempt hospitals. The letter specifically requests clarification around requirements for hospital patient financial assistance programs. “While the promotion of health is an exempt purpose, not every entity that promotes health is entitled to a tax exemption. Instead, to qualify for a federal tax exemption based on the promotion of health, an organization must ‘primarily benefit the community.’ We are concerned that some nonprofit hospitals may fall short on this measure,” the lawmakers state. They request a staff-level briefing on the subject by December 10.

Casey Concedes PA Senate Race – Sen. Bob Casey (D-Pa.) has conceded the Pennsylvania Senate race to his Republican opponent David McCormick. The race recently underwent a state-ordered recount because McCormick’s margin of victory was less than 0.5%. McCormick is the former CEO of Bridgewater Associates. He previously served in the Bush administration as the Under Secretary of Commerce for Industry and Security and later as the Under Secretary of the Treasury for International Affairs. Casey’s concession puts the Senate balance of power in the 119^th Congress at 53 Republicans and 47 Democrats.

Sherrill to Run for NJ Governor – Rep. Mikie Sherrill (D-N.J.) announced her bid for governor of New Jersey last week. Sherrill, who just won reelection to the House of Representatives, will run to succeed term-limited Governor Phil Murphy (D) in November 2025. She joins a field of at least five other Democrats, including Rep. Josh Gottheimer, and four Republicans vying for the position.

Recently Introduced Health Legislation

H.Res.1575 — Expressing support for designating the week of November 4 through November 10, 2024, as “Forensic Nursing Week”; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House – Energy and Commerce

H.R.10131 — To amend the Patient Protection and Affordable Care Act to include fertility treatment and care as an essential health benefit; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House – Energy and Commerce

H.R.10135 — To improve the quality, appropriateness, and effectiveness of diagnosis in health care, and for other purposes; Sponsor: Beyer, Donald S. [Rep.-D-VA-8]; Committees: House – Energy and Commerce

H.R.10136 — To amend title XVIII of the Social Security Act to align payment under Medicare for specified surgical procedures with high-cost supplies furnished in office-based facilities, and for other purposes; Sponsor: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House – Energy and Commerce; Ways and Means

H.R.10137 — To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide health care for family members and other individuals who resided at or worked at locations where there is a presumption of service-connection for certain illnesses and conditions, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs

S.5339 — A bill to authorize the collection of supplemental payments to increase congressional investments in medical research, and for other purposes; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

H.Res.1580 — Supporting the designation of July as Uterine Fibroids Awareness Month; Sponsor: Scott, David [Rep.-D-GA-13]; Committees: House – Energy and Commerce

H.R.10153 — To designate Regional Breast and Gynecologic Cancer Care Coordinators to expand the work of the Breast and Gynecologic Oncology System of Excellence at the Department of Veterans Affairs, and for other purposes; Sponsor: Garcia, Sylvia R. [Rep.-D-TX-29]; Committees: House – Veterans’ Affairs

S.Res.896 — A resolution expressing support for the designation of the week beginning on November 11, 2024, as “National School Psychology Week”; Sponsor: Padilla, Alex [Sen.-D-CA]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.Res.899 — A resolution designating November 2024 as “American Diabetes Month”; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.5346 — 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.5348 — A bill to amend title II of the Public Health Service Act to include as an additional right or privilege of commissioned officers of the Public Health Service (and their beneficiaries) certain leave provided under title 10, United States Code to commissioned officers of the Army (or their beneficiaries); Sponsor: Duckworth, Tammy [Sen.-D-IL]; Committees: Senate – Health, Education, Labor, and Pensions

H.Res.1581 — Expressing support for the designation of “Prematurity Awareness Month”; Sponsor: McClellan, Jennifer L. [Rep.-D-VA-4]; Committees: House – Energy and Commerce

H.R.10172 — To amend title XIX of the Social Security Act to prohibit payments under the Medicaid program for conversion therapy, and for other purposes; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House – Energy and Commerce

H.R.10173 — To amend the Toxic Substances Control Act to authorize grants for toxic substances remediation in schools, to reauthorize healthy high-performance schools, and for other purposes; Sponsor: McClellan, Jennifer L. [Rep.-D-VA-4]; Committees: House – Energy and Commerce

H.R.10175 — To authorize United States participation in the Davos Alzheimer’s Collaborative; Sponsor: Bera, Ami [Rep.-D-CA-6]; Committees: House – Foreign Affairs

H.R.10182 — To amend the Internal Revenue Code of 1986 to waive the 10-percent additional tax on early distributions from qualified retirement plans in the case of withdrawals for family caregiving expenses; Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House – Ways and Means

H.R.10187 — To amend title XVIII of the Social Security Act to modify Medicare rural hospital flexibility program grants; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House – Ways and Means

H.R.10188 — To expand cost-sharing reductions with respect to qualified health plans offered through an Exchange, and for other purposes; Sponsor: Schrier, Kim [Rep.-D-WA-8]; Committees: House – Energy and Commerce; Ways and Means

S.5349 – A bill to amend title XVIII of the Social Security Act to ensure prompt coverage of breakthrough devices under the Medicare program, and for other purposes; Sponsor: Young, Todd [Sen.-R-IN]; Committees: Senate – Finance

S.5353 — 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.5356 — A bill to establish clear and consistent biological definitions of male and female; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate – Judiciary

S.Res.907 — A resolution to authorize representation by the Senate Legal Counsel in the case of Dr. Ralph de la Torre v. Bernard Sanders, et al; Sponsor: Schumer, Charles E. [Sen.-D-NY]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

H.Res.1591 — Recognizing November 2024 as “National Family Caregivers Month”; Sponsor: Evans, Dwight [Rep.-D-PA-3]; Committees: House – Education and the Workforce; Energy and Commerce; Ways and Means

H.Res.1594 — Supporting the goals and ideals of “National Rural Health Day”; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House – Energy and Commerce

H.R.10193 — To amend the Public Health Service Act to authorize grants to provide treatment for diabetes in minority communities; Sponsor: Waters, Maxine [Rep.-D-CA-43]; Committees: House – Energy and Commerce

H.R.10197 — To direct the Secretary of Health and Human Services to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a comprehensive study on the health care impacts of the use of kinetic impact projectiles in the United States, and for other purposes; Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House – Energy and Commerce

H.R.10202 —  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 benefits for lung cancer screenings for certain individuals without the imposition of cost sharing; Sponsor: Boyle, Brendan F. [Rep.-D-PA-2]; Committees: House – Energy and Commerce

H.R.10210 — 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.10214 — To require the Secretary of Health and Human Services to carry out a public awareness campaign to increase awareness of the importance of father inclusion and engagement in improving overall health outcomes during pregnancy, childbirth, and postpartum, and for other purposes; Sponsor: Gallego, Ruben [Rep.-D-AZ-3]; Committees: House – Energy and Commerce

H.R.10225 — To amend title XVIII of the Social Security Act to adjust allowable direct and indirect costs for nursing and allied health education programs; Sponsor: LaHood, Darin [Rep.-R-IL-16]; Committees: House – Ways and Means

H.R.10238 — To authorize the collection of supplemental payments to increase congressional investments in medical research, and for other purposes; Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House – Energy and Commerce

H.R.10239 — To amend the Federal Food, Drug, and Cosmetic Act to expand drug shortage notification practices to include surges in demand for a drug, and for other purposes; Sponsor: Spanberger, Abigail Davis [Rep.-D-VA-7]; Committees: House – Energy and Commerce

H.R.10240 — To amend title XVIII of the Social Security Act to provide coverage of portable ultrasound transportation and set up services under the Medicare program; Sponsor: Van Duyne, Beth [Rep.-R-TX-24]; Committees: House – Energy and Commerce; Ways and Means

Republicans Secure Majority in House for 119^th Congress-Republicans have officially won enough seats to retain majority control of the House of Representatives for the 119^th Congress. While five races remain uncalled, the balance of power currently stands at 218 seats for Republicans and 212 seats for Democrats. On the Senate side, Pennsylvania party officials are preparing for a recount in the race between Democratic incumbent Sen. Bob Casey and Republican challenger David McCormick. The state-mandated recount must begin by November 20, and Pennsylvania counties must submit their recount results by November 27.

Having secured majority control, the House GOP is now considering passage of a continuing resolution (CR) that extends government funding through March to provide President-elect Donald Trump with more control over fiscal year 2025 federal spending. This plan could allow Republicans to secure significant spending cuts but would put pressure on President Trump to avoid a government shutdown early in his administration. While House Republicans may favor a CR, the Democratic-controlled Senate would like to see an omnibus spending package.

Trump Taps RFK Jr. for HHS Secretary-President-elect Trump has named Robert F. Kennedy Jr. as his choice for Secretary of the U.S. Department of Health and Human Services. Kennedy is an environmental lawyer and well-known vaccine skeptic. He is a former Democrat who ran as an Independent in this year’s presidential race before dropping out and endorsing Donald Trump. Kennedy has recently spearheaded the ‘Make America Healthy Again’ movement, calling for a reform of pesticide, food additive, and vaccine regulations. Democrats are widely opposed to the selection, while many Republicans have not yet weighed in on the choice. The nomination will be voted upon by the Senate Finance Committee, but Kennedy will appear before both the Finance and Health, Education, Labor, and Pensions (HELP) Committees for confirmation hearings. Incoming HELP Chair Bill Cassidy, MD (R-La.) has acknowledged bipartisan support for Kennedy’s stance on food additives, while Finance Chair Mike Crapo (R-Idaho) has complimented Kennedy’s focus on chronic disease prevention. Kennedy’s position on vaccines, however, has largely drawn criticism from senators on both sides of the aisle, though some members-including Sens. Rand Paul, MD (R-Ky.) and Tommy Tuberville (R-Ala.)-have expressed support.

Trump Draws from Elected Officials for Other White House Positions-Amongst the other individuals tapped by Trump for Cabinet posts and administration jobs include several current members of Congress. President Trump has nominated Rep. Matt Gaetz (R-Fla.) as Attorney General. Gaetz resigned from Congress following Trump’s nomination announcement. The House Ethics Committee had been set to meet last week to vote on its report examining allegations of sex trafficking, acceptance of improper gifts, and illicit drug use by Gaetz, but lost jurisdiction over the former Congressman upon his resignation. While Ethics Committee Chair Michael Guest (R-Miss.) has indicated that he does not plan to allow the report to be released, Democrats on the panel are reportedly considering what avenues are available for them to release the information themselves. Gaetz’s nomination would be considered before the Judiciary Committee in the Senate. Current Judiciary Chair Dick Durbin (D-Ill.) was joined by a number of Senate Republicans-including Judiciary Committee member John Cornyn (R-Texas)-in pressing House Ethics to turn over the report. They have also expressed openness to subpoenaing the panel for the information. Rep. Mike Waltz (R-Fla.) is President Trump’s nominee for National Security Adviser. Florida Gov. Ron DeSantis (R) is acting quickly to schedule special elections to fill the two Florida seats. Former House Republican Conference Chair Elise Stefanik (R-N.Y.) has been nominated as U.N. Ambassador. Her confirmation would trigger a special election, which would likely take place sometime in the spring. The nomination of House members could temporarily impact Republican’s narrow majority in the chamber, though House Speaker Mike Johnson (R-La.) has stated that he does not expect Trump to select any additional House members for his administration. Trump also tapped Florida Sen. Marco Rubio (R) to serve as Secretary of State. DeSantis is responsible for appointing a replacement to fill Rubio’s seat until the next general election. Sen. Rick Scott (R-Fla.) has called on the Governor to appoint Lara Trump, current co-chair of the Republican National Committee, to replace Rubio in the Senate.

President-elect Pushes for Use of Recess Appointments-Donald Trump has repeatedly asserted his plans to use the president’s ability to make recess appointments to effectively bypass the normal Senate confirmation process for executive nominations. While recess appointments used to be common, a 2014 Supreme Court decision has since curbed its use. Neither President Trump during his first term nor President Biden made use of recess appointments. Recess appointments can be made while the Senate is adjourned for periods of two weeks or longer. Both chambers of Congress would need to pass a concurrent adjournment resolution-which can be done with simple majority votes-to put the Senate into a recess long enough to open the recess appointment window. While incoming Senate Majority Leader John Thune (R-S.D.) has expressed a preference for confirming presidential nominees “the regular way” he also stated that he remains open to the idea of recess appointments should Democrats block nominations through procedural means. There are more than 1,200 presidential appointments that require Senate confirmation. The last cabinet nomination to be formally rejected by the Senate was President George H.W. Bush’s defense secretary nominee John Tower, a former senator who faced allegations of alcohol abuse. Other nominees, such as Andrew Puzder-nominated for Secretary of Labor during Trump’s first term-have withdrawn their nomination before a formal vote. With an expected 53-47 seat majority, the Senate GOP can only afford to lose four Republicans in a nomination vote on the Senate floor.

Thune to Replace McConnell as Senate Republican Leader-Sen. John Thune (R-S.D.) was elected Republican Senate leader in a closed-door vote last week, beating Sens. John Cornyn (R-Texas) and Rick Scott (Fla.) to replace Sen. Mitch McConnell (R-Ky.). McConnell, who has led the Senate GOP for nearly 20 years, announced earlier this year that he would be stepping down from Senate leadership. Thune was first elected to the House of Representatives in 1996, where he served until being elected to the Senate in 2004. He has served as the Senate GOP whip, the second ranking Republican in the chamber, since 2019. During his time in Congress, Thune has been a champion of telehealth and pharmacy benefit manager reform. He is also a member of the bipartisan working group on Medicare physician payment reform, and opposes the Inflation Reduction Act’s Medicare drug price negotiation program. Starting in January, Thune will control the Senate’s procedures and schedule, and manage negotiations with Senate Democrats. Thune has stated that the Senate filibuster will stay intact during his leadership tenure. The incoming Senate majority leader has said that his priority will be confirmation of the President’s executive nominees, telling senators to expect “an aggressive schedule” until nominations are confirmed. The remaining results of Senate Republican leadership elections are as follows:

• Senate GOP Conference Chair John Barrasso, MD (R-Wy.) was elected the next Senate Majority Whip.
• Tom Cotton (R-Ark.) defeated Sen. Joni Ernst (R-Iowa) to replace Barrasso as Senate GOP Conference Chair.
• Shelley Moore Capito (R-W.Va.) was elected GOP Policy Committee Chair.
• James Lankford (R-Okla.) was elected GOP Conference Vice Chair.
• Tim Scott (R-S.C.) was elected Republican Senatorial Committee Chair.

Democrats have not yet held their leadership elections but are unlikely to see any major changes in rank.

Cassidy to Chair HELP in the 119^th Congress-Sen. Bill Cassidy, MD (R-La.) will lead the Senate Health, Education, Labor, and Pensions (HELP) Committee next Congress. Sen. Rand Paul, MD (R-Ky.), who has seniority on the panel, announced that he will take the helm of the Senate Homeland Security and Governmental Affairs Committee (HSGAC) instead. As HSGAC chair, Paul has stated his intent to build upon the panel’s biosecurity-related investigations. Sen. Cassidy, a gastroenterologist/hepatologist, will be the first medical doctor to serve as HELP chair since 1933. During his time as HELP Ranking Member during the 118^th Congress, Cassidy has worked with members on both sides of the aisle to lower the cost of health care and reform the pharmacy benefit manager industry. He also released an NIH white paper, and earlier this month released a bipartisan legislative framework for site neutral payment reform with Sen. Maggie Hassan (D-N.H.).

House Republican Leadership Elections-Republicans in the House of Representatives unanimously nominated Mike Johnson (R-La.) to continue to serve as House Speaker. While Johnson only needed the support of a simple majority of his conference to become the party’s nominee, he will need a majority of the full House in January to secure the speakership. The speaker election is slated for January 3. Majority Leader Steve Scalise (R-La.) and Majority Whip Tom Emmer (R-Minn.) will continue to serve in their positions during the 119^th Congress. The remaining results of the House Republican leadership elections are as follows:

• Lisa McClain (R-Mich.) defeated Rep. Kat Cammack (R-Fla.) for the position of Republican Conference Chair.
• Erin Houchin (R-Ind.) was selected to replace McClain as GOP Conference Secretary.
• Richard Hudson (R-N.C.) won a second term as National Republican Congressional Committee Chair.
• Oklahoma Rep. Kevin Hern (R-Okla.) defeated Rep. Gary Palmer (R-Ala.) in the race for Policy Committee Chair.

The House Republican Steering Committee had planned to meet to decide contested races for committee chairmanships in the 119^th Congress, including the Energy and Commerce Committee, but the meeting was rescheduled. House Democrats will hold their leadership elections on November 19^th and 20^th.

Freshmen members of Congress have also been on the Hill in recent days for new member orientation. The Republican freshman class selected Rep.-elect Brandon Gill (R-Texas) to serve as the freshman class president. Gill is a former investment banker who will fill the seat of retiring Rep. Michael Burgess, MD (R-Texas) next Congress.

GOP Doctors Caucus Announces Co-Chairs for the 119th Congress-The House GOP Doctors Caucus has elected Rep. John Joyce, MD (R-Pa.), a dermatologist, to serve as co-chair alongside Rep. Greg Murphy, MD (R-N.C.), a urologist, for the 119^th Congress. “Our country faces many great challenges, and now more than ever, we need thoughtful solutions to expand access to affordable, high-quality care,” Joyce and Murphy said in a statement. “With a majority in the House of Representatives, we look forward to working with President Trump and the Republican Conference as we consider much-needed reforms.”

Gottheimer to Run for NJ Governor-Rep. Josh Gottheimer (D-N.J.) announced his bid for governor of New Jersey last week. Gottheimer, who just won reelection to the House of Representatives, will run to succeed term-limited Governor Phil Murphy (D) in November 2025. He joins a field of at least four other Democrats and four Republicans vying for the position.

E&C Republicans Ask GAO to Assess Structure of Lab Safety Offices-House Energy and Commerce Committee Republicans are asking the Government Accountability Office (GAO) to examine laboratory safety programs at the Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), and National Institutes of Health. “This committee remains concerned about the effectiveness of the oversight the U.S. Department of Health and Human Services and its agencies provide to the laboratories they own and operate,” the letter states. “In addition to numerous GAO recommendations that remain unimplemented by the FDA, both the CDC and the FDA recently announced organizational reforms to their laboratory safety and security functions, and it is not clear whether these changes will strengthen oversight or create new undue risk.” The letter was signed by Committee Chair Cathy McMorris Rodgers (R-Wash.), Health Subcommittee Chair Brett Guthrie (R-Ky.), and Oversight and Investigations Subcommittee Chair Morgan Griffith (R-Va.).

DEA Extends COVID-Era Telehealth Flexibilities-On Friday, the Drug Enforcement Administration (DEA) released a temporary rule titled “Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications.” This regulation extends, through December 31, 2025, the pandemic-era telemedicine flexibilities that have been in place since March 2020 for prescribing controlled medications via the practice of telemedicine. The flexibilities allow Schedule II-V substances to be prescribed without an in-person visit. The final rule extends regulations with no substantive changes to the current rules. DEA previously received a record 38,000 comments after proposing to rein in the flexibilities due to concerns about overprescribing and substance misuse. The agency states that its latest decision will provide more time to finalize regulations that both mitigate the risk of diversion while also avoiding disruptions in access to care.

GAO Outlines Ongoing Cybersecurity Challenges at HHS-The Government Accountability Office (GAO) has released a new report outlining the steps the U.S. Department of Health and Human Services (HHS) could take to address the increasing number of cyberattacks against health care organizations. The report highlights that HHS has failed to implement past GAO recommendations related to supporting health care cyber risk management, assessing sector cybersecurity risks, and coordinating and collaborating for sector cybersecurity. The full GAO report can be found here.

CBO Releases FY 2024 Budget Review Summary-The federal budget deficit increased eight percent, or $138 billion, according to the Congressional Budget Office’s (CBO) budget review summary for fiscal year (FY) 2024. CBO found that Medicare outlays rose by nine percent, or $78 billion, because of higher enrollment and health care service payment rates. Medicaid outlays rose less than one percent, or $2 billion. While state Medicaid programs disenrolled millions of individuals in FY 2024, per-person Medicaid enrollee costs increased since FY 2023.

Upcoming Congressional Hearings and Meetings

House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies hearing on the National Institutes of Health; 10:00 a.m.; November 19

House Appropriations Committee oversight hearing “Assessing the Veterans Health Administration Fiscal Year 2025 Potential Shortfall;” 10:00 a.m.; November 20

House Foreign Affairs Subcommittee on Global Health, Global Human Rights, and International Organizations hearing “Meeting the Challenges of Global Brain Health: Diagnosis and Treatment for the 21st Century;” 2:00 p.m.; November 20

House Veterans’ Affairs Subcommittee on Health hearing “Life After Limb Loss: Examining VA Amputee Prosthetics Care;” 2:30 p.m.; November 20

Recently Introduced Health Legislation

H.R.10106-To require the Secretary of Veterans Affairs to enter into a contract or other agreement with a third party to review appointees in the Veterans Health Administration who had a license terminated for cause by a State licensing board for care or services rendered at a non-Veterans Health Administration facility and to provide individuals treated by such an appointee with notice if it is determined that an episode of care or services that they received was below the standard of care, and for other purposes; Sponsor: Norman, Ralph [Rep.-R-SC-5]; Committees: House-Veterans’ Affairs

S.5297-A bill to amend the Internal Revenue Code of 1986 to increase the limitations on contributions to health savings accounts, and for other purposes; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate-Finance

S.5298-A bill to amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate-Health, Education, Labor, and Pensions

H.Res.1569-Expressing support for the designation of the week beginning on November 11, 2024, as “National School Psychology Week”; Sponsor: Fitzpatrick, Brian K. [Rep.-R-PA-1]; Committees: House-Education and the Workforce

S.5308-A bill to amend title XVIII of the Social Security Act to reauthorize the Rural Flex program, and for other purposes; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate-Finance

S.5311-A bill to require the public release of all research supported by the National Institutes of Health; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate-Health, Education, Labor, and Pensions

H.J.Res.220-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to “Debt Collection Practices (Regulation F); Deceptive and Unfair Collection of Medical Debt”; Sponsor: Palmer, Gary J. [Rep.-R-AL-6]; Committees: House-Financial Services

S.5326-A bill to fully fund the Prevention and Public Health Fund and reaffirm the importance of prevention in the United States healthcare system; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate-Health, Education, Labor, and Pensions

S.5330-A bill to direct the Secretary of Defense to establish a pilot program regarding treating pregnancy as a qualifying event for enrollment in TRICARE Select; Sponsor: Duckworth, Tammy [Sen.-D-IL]; Committees: Senate-Armed Services

H.R.10124-To direct the Secretary of Agriculture to establish and administer a pilot program to provide grants to support Food is Medicine programs, and for other purposes; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House-Agriculture; Energy and Commerce

H.R.10126-To fully fund the Prevention and Public Health Fund and reaffirm the importance of prevention in the United States healthcare system; Sponsor: Matsui, Doris O. [Rep.-D-CA-7]; Committees: House-Energy and Commerce

House Republicans Release CR-Only 13 legislative days remain before lawmakers are scheduled to recess and return to the campaign trail until after election day. During that short time, Congress must pass a continuing resolution (CR) to avoid a government shutdown, with lawmakers also hoping to tackle the defense authorization, farm bill, and a slate of China-focused legislation. On Friday, House Republicans released the Continuing Appropriations and Other Matters Act, 2025 which would provide funding at fiscal year 2024 levels through March 28, 2025. The CR also includes the Safeguard American Voter Eligibility (SAVE) Act (H.R.8281) requiring voters to show documentation of U.S. citizenship. The House Rules Committee is scheduled to meet on Monday afternoon to consider the rule for the legislation which is planned to be considered by the full House later this week. Democrats are united in support of a clean, short-term CR that extends into the post-election lame duck session.

Biden Administration Sends Funding Requests for CR-The Office of Management and Budget (OMB) has sent Congress the President’s list of requested changes-or anomalies-for any CR that will otherwise extend government funding at current levels beyond the end of the fiscal year on September 30. The White House’s request includes the provision of an additional $50 million for the Centers for Disease Control and Prevention’s (CDC) respiratory virus preparedness and response efforts, $20 million for the CDC’s wastewater surveillance program, and $13 million to support the restructuring of the nation’s organ transplant system. The administration also requests $12 billion in mandatory funding for the Cost of War Toxic Exposures Fund at the Department of Veterans Affairs to address a budgetary shortfall.

House to Vote on China Bills This Week-The House of Representatives is scheduled to vote this week on the BIOSECURE Act (H.R.8333) under suspension of the rules. The legislation would prohibit Chinese biotechnology companies of concern, or companies that use equipment or services from biotechnology companies of concern, from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. BIOSECURE, which was advanced by the House Oversight Committee in a 40-1 vote, would initially impact BGI Group, MGI, Complete Genomics, WuXi AppTec, and WuXi Biologics.

Consideration of BIOSECURE is part of a large series of votes by the chamber on legislation relating to China. The House is also scheduled to vote of the-No WHO Pandemic Preparedness Treaty Without Senate Approval Act (H.R.1425) this week. The bill would deem the World Health Organization’s (WHO) pending agreement on pandemic preparedness as a treaty and subject it to a Senate vote prior to implementation in the U.S. Republicans have raised concerns relating to the nation’s financial obligations and U.S. sovereignty in opposing WHO’s global pandemic response efforts.

Steward CEO to Defy HELP Subpoena-The Senate Health, Education, Labor, and Pensions (HELP) Committee will move forward with a hearing on the bankruptcy of Steward Health Care and the subsequent impact on patient care despite Steward CEO Ralph de la Torre’s refusal to comply with a bipartisan subpoena compelling his testimony. De la Torre has asked for a postponement of the hearing until after legal proceedings related to Steward’s bankruptcy are resolved. “Dr. de la Torre will be held accountable for his greed and the damage he has caused the American people and our nation’s health care system,” HELP Chairman Bernie Sanders (I-Vt.) said in a statement. “With or without him, this hearing is going forward. We will expose his fraud, and put his greed on display. I look forward to hearing from patients, medical professionals, and community members whose lives have been upended by Dr. de la Torre and his private equity cronies.” The hearing is scheduled to take place on Thursday; the witness list has yet to be announced.

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

Upcoming Congressional Hearings and Markups

House Energy and Commerce Subcommittee on Health legislative hearing “Evaluating FDA Human Foods and Tobacco Programs;” 10:00 a.m.; September 10

House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions hearing “ERISA’s 50^th Anniversary: The Value of Employer-Sponsored Health Benefits;” 10:15 a.m.; September 10

House Select Subcommittee on the Coronavirus Pandemic hearing with former New York Governor Andrew Cuomo; 2:00 p.m.; September 10

House Veterans’ Affairs Subcommittee on Economic Opportunity hearing “Mission Transition: Evaluating Mental Health Support Programs for Separating Servicemembers;” 3:00 p.m.; September 10

House Veterans’ Affairs Subcommittee on Health legislative hearing including a DRAFT bill 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 (VA); DRAFT, Veterans’ Mental Health Access Act; DRAFT, To amend title 38, U.S.C., to require that non-citizen appointees to positions in the Veterans Health Administration are subjected to background investigations prior to employment; DRAFT, Enhancing Faith-Based Support for Veterans Act of 2024; DRAFT, No Wrong Door for Veterans Act; H.R.9324, Protecting Veteran Access to Telemedicine Services Act; DRAFT, Safeguarding VA’s Healthcare Workforce Act; DRAFT, The Veterans Supporting Prosthetics Opportunities and Recreational Therapy Act; DRAFT, Service Dogs Assisting Veterans Act; H.R.9146, Ensuring Continuity in Veterans Health Act; H.R.7504, Rural Veterans Transportation to Care Act; H.R.6330, Veterans Sentinel Act; H.R.8562, Parity for Native Hawaiian Veterans Act; H.R.6291, Have You Served Act; H.R.9301, To direct the Secretary of VA to include two counties in New Mexico in a certain Veterans Integrated Service Network; DRAFT, Conflict of Interest Waiver for VA Researchers; 10:00 a.m.; September 11

House Energy and Commerce Subcommittee on Oversight and Investigations hearing “A Year Removed: Oversight of Securing the U.S. Organ Procurement and Transplantation Network Act Implementation;” 10:30 a.m.; September 11

House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust hearing “The Role of Pharmacy Benefit Managers;” 2:00 p.m.; September 11

Senate HELP Committee hearing to examine the bankruptcy of Steward Health Care, focusing on how management decisions have impacted patient care; 10:00 a.m.; September 12

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

Recently Introduced Health Legislation

H.Res.1418-Supporting the designation of March 2024 as Endometriosis Awareness Month; Sponsor: Scott, David [Rep.-D-GA-13]; Committees: House-Energy and Commerce

H.Res.1419-Supporting the goals of Overdose Awareness Day and strengthening efforts to combat the opioid crisis in the United States; Sponsor: Trahan, Lori [Rep.-D-MA-3]; Committees: House-Energy and Commerce

H.R.9425-To amend the Federal Food, Drug, and Cosmetic Act to authorize tobacco user fee assessments for all regulated tobacco products, and for other purposes; Sponsor: McClellan, Jennifer L. [Rep.-D-VA-4]; Committees: House-Energy and Commerce

H.R.9426-To direct the Secretary of Veterans Affairs to carry out a pilot program under which the Secretary may fill vacant shifts at medical facilities of the Department of Veterans Affairs with non-Department health care providers; Sponsor: Bost, Mike [Rep.-R-IL-12]; Committees: House-Veterans’ Affairs

H.R.9427-To direct the Secretary of Veterans Affairs to carry out a pilot program to provide grants to outpatient mental health facilities for the provision of culturally competent, evidence-based mental health care for veterans, and for other purposes; Sponsor: Bost, Mike [Rep.-R-IL-12]; Committees: House-Veterans’ Affairs

H.R.9436-To establish a National Science Foundation grant program to provide and strengthen opportunities for peer-led research regarding autism spectrum disorder and its characteristics in women, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Science, Space, and Technology Latest

H.R.9438-To amend and reauthorize the Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program of the Department of Veterans Affairs; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Veterans’ Affairs

H.R.9439-To authorize proceeds from any sale or any moneys forfeited under the Controlled Substances Act to be used for the Substance Use Prevention, Treatment, and Recovery Services Block Grant, and for other purposes; Sponsor: Molinaro, Marcus J. [Rep.-R-NY-19]; Committees: House-Judiciary; Energy and Commerce

H.R.9443-To amend the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services to share food safety information with State, local, Tribal, and Territorial authorities, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Energy and Commerce

H.R.9445-To direct the Secretary of Defense to replace certain syringes of the Department of Defense; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Armed Services

H.Res.1421-Supporting the goals of “Blood Cancer Awareness Month”; Sponsor: Fong, Vince [Rep.-R-CA-20]; Committees: House-Energy and Commerce

H.R.9446-To provide payment for patient navigator services under title XIX of the Social Security Act, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House-Energy and Commerce

H.R.9449-To direct the Secretary of Veterans Affairs to establish a list of covered providers that complete annual training on the prevention of suicide among veterans and to make such list available to veterans; Sponsor: Huizenga, Bill [Rep.-R-MI-4]; Committees: House-Veterans’ Affairs