Category: Weekly Policy Briefing

Hoyer Recovers from Mild Stroke-Rep. Steny Hoyer (D-Md.), 85, experienced a stroke on August 11, the congressman’s office announced last week. He is not experiencing any lingering symptoms following treatment for the mild ischemic stroke. Hoyer, the former House majority leader, is expected to resume his normal schedule this week.

George Helmy Tapped to Fill Menendez’s Senate Seat-New Jersey Governor Phil Murphy (D) has appointed his former chief of staff George Helmy to fill the seat of Sen. Bob Menendez (D) until early next year. Menendez was convicted on federal corruption charges last month and will resign from the Senate effective August 20. Helmy is an executive vice president at the New Jersey health system RWJ Barnabas Health and is on the Board of Commissioners of the Port Authority of New York and New Jersey. Rep. Andy Kim (D) is heavily favored to win the full six-year term in the November election, in which Menendez has filed to run as an independent. It remains unclear whether Menendez will remain on the ballot.

White House Announces First 10 Negotiated Medicare Drug Prices-On Thursday, the Biden administration announced the maximum fair prices of the first 10 drugs selected for the Medicare price negotiation process established by the Inflation Reduction Act in 2022. The new prices will go into effect for people with Medicare Part D prescription drug coverage starting January 1, 2026.

The White House estimates that if the new prices had been in effect last year, Medicare would have saved an estimated $6 billion, or 22%, across the 10 selected drugs. Approximately nine million people with Medicare use at least one of the 10 selected drugs, and these individuals are expected to see aggregated estimated savings of $1.5 billion in out-of-pocket costs in 2026. Throughout the negotiation process, the Centers for Medicare and Medicaid Services (CMS) raised its offers for each drug following discussions with the pharmaceutical manufacturer, while many of the manufacturers lowered their counteroffers. CMS will select up to 15 more Part D drugs for negotiation for 2027 by February 1, 2025. The agency will select up to 15 more drugs covered by Part B or Part D for 2028, and up to 20 more Part B or Part D drugs for each year after that.

President Announces New Cancer Moonshot Research Awards-President Joe Biden announced $150 million in new Advanced Research Projects Agency for Health awards as a part of his Cancer Moonshot initiative last week. The new grants will support eight teams of researchers at Tulane University; Dartmouth College; Johns Hopkins University; Rice University; the University of California, San Francisco; the University of Illinois Urbana-Champaign; the University of Washington; and Cision Vision in Mountain View, California working to improve tumor removal technologies for people with cancer. The President has stated that the Cancer Moonshot will be a priority of his final months in office. Biden’s Cancer Moonshot, originally authorized as part of the 21^st Century Cures Act while Biden was Vice President, aims to ultimately reduce the nation’s cancer death rate by 50% over the next 25 years.

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

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

Recently Introduced Health Legislation

H.R.9328-To amend title 38, United States Code, to establish additional presumptions of service connection for certain diseases that occur in veterans who suffered toxic exposure while serving at Karshi Khanabad Air Base, Uzbekistan; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Veterans’ Affairs

H.R.9333-To amend the Internal Revenue Code of 1986 to provide an income tax credit for the costs of certain fertility treatments; Sponsor: Kean, Thomas H. [Rep.-R-NJ-7]; Committees: House-Ways and Means

H.R.9335-To direct the Secretary of Defense to carry out a pilot program to provide services from midwives to covered beneficiaries under the TRICARE program; Sponsor: Kilmer, Derek [Rep.-D-WA-6]; Committees: House-Armed Services

H.R.9350-To direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to revise part 71 of title 42, Code of Federal Regulations, to allow for the import of certain dogs without rabies vaccination documentation or an import form, and for other purposes; Sponsor: Kennedy, Timothy M. [Rep.-D-NY-26]; Committees: House-Energy and Commerce

H.R.9351-To amend title XIX of the Social Security Act to modify certain limitations on disproportionate share hospital payment adjustments under the Medicaid program; Sponsor: LaLota, Nick [Rep.-R-NY-1]; Committees: House-Energy and Commerce

H.R.9352-To amend title XXVII of the Public Health Service Act and title 5, United States Code, to require group health plans, health insurance issuers offering group or individual health insurance coverage, and Federal Employees Health Benefits Program health benefits plans to meet certain requirements with respect to medical child support orders, and for other purposes; Sponsor: Norton, Eleanor Holmes [Del.-D-DC-At Large]; Committees: House-Energy and Commerce; Ways and Means; Oversight and Accountability

HELP Committee Advances OAA Reauthorization-The Senate Health, Education, Labor, and Pensions (HELP)Committee voted 20-1 to reauthorize the Older Americans Act (OAA) last week. Sen. Rand Paul (R-Ky.) was the sole vote in opposition to the reauthorization. Under S. 4776, the Older Americans Act Reauthorization Act of 2024, OAA programs would receive an almost 5% increase in authorized funding through fiscal year 2029. The Committee also advanced the Autism Collaboration, Accountability, Research, Education, and Support (Autism CARES) Act of 2024 (S.4762) and the Traumatic Brain Injury Program Reauthorization Act (S.4755) on a bipartisan basis.

HSGAC Advances Healthcare Cybersecurity Act-The Senate Homeland Security and Governmental Affairs Committee (HSGAC) advanced the Healthcare Cybersecurity Act (S.4697) in a 10-1 vote last week with Sen. Rand Paul (R-Ky.) voting against the bill. This legislation directs the Cybersecurity and Infrastructure Security Agency (CISA) and the U.S. Department of Health and Human Services (HHS) to collaborate on improving cybersecurity and make resources available to non-federal entities relating to cyber threat indicators and appropriate defense measures. It would also create a special liaison to HHS within CISA to coordinate during cybersecurity incidents and collaborate to support health care and public health sector entities.

Senate Appropriators Advance FY25 LHHS Bill-The Senate Appropriations Committee approved its fiscal year (FY) 2025 Labor-Health and Human Services (LHHS) spending measure last week in a bipartisan 25-3 vote. Sens. Deb Fischer (R-Neb.), Marco Rubio (R-Fla.), and Bill Hagerty (R-Tenn.) voted in opposition the legislation and Sen. John Hoeven (R-N.D.) did not vote. The bill provides $122.8 billion in discretionary funding for HHS. The National Institutes of Health would receive $50.2 billion, an increase of $2.05 billion over current levels. The bill sustains $1.5 billion in funding for the Advanced Research Projects Agency for Health. The Centers for Disease Control and Prevention would see a funding increase of $173 million over FY24 levels. The bill includes $3.82 billion for the Administration for Strategic Preparedness and Response, an increase of $200 million over FY24. More information can be found in the bill summary, bill text, and report.

The Senate’s bill stands in stark contrast to the House of Representative’s FY25 LHHS spending bill, which would cut HHS funding by 7% and provide flat funding for the NIH while proposing structural reforms. The House had planned to bring their version of the bill to the floor for a vote, but instead adjourned early for August recess when it became clear the measure did not have enough support for passage. Lawmakers are expected to begin negotiations on a stopgap spending measure when both chambers return from recess in September.

Comer Requests CMS Briefing on OPO Guidance-House Oversight Committee Chairman James Comer (R-Ky.) has sent a letter to the administration regarding its failure to issue guidance on the future of low performing organ procurement organizations (OPOs). The Centers for Medicare and Medicaid Services (CMS) finalized a rule in 2020 that would decertify the lowest performing-Tier 3-OPOs in 2026 based on their 2024 performance if they have failed to show improvement. CMS has yet to release guidance outlining how this decertification process would proceed or how higher performing OPOs should prepare to take over additional service areas. Approximately 42% of OPOs operated at the Tier 3 level in 2021, the most recent year with available data. “CMS’ inaction has created lack of clarity, increased uncertainty for Americans who need a transplant, and threatens to erode accountability for OPOs,” Comer writes. He requests a briefing from the agency that includes a description of the steps CMS is taking to ensure the final rule is implemented “without dilution or delay.”

Foxx Opposes Mental Health Parity Regulations-House Education and the Workforce Committee Chair Virginia Foxx (R-N.C.) sent a letter to the White House urging the administration to drop its proposed mental health parity rule. The rule is aimed at improving mental health coverage in commercial insurance plans by requiring parity between physical and mental health care in “non-quantitative treatment limitations” such as prior authorization. Foxx asserts that the rule lacks clarity and fails to consider workforce shortages amongst mental health professionals, arguing that it would actually decrease access to mental health treatment by disincentivizing employers from offering coverage. She also questions whether the rule exceeds agency authority in light of the Supreme Court’s overturning of the Chevron Deference.

Bucshon Remarks on VALID Act Status-Rep. Larry Bucshon, M.D. (R-Ind.) commented on the future of diagnostics reform legislation last week, appearing optimistic about the chances for bill passage in the next several years. The Food and Drug Administration (FDA) finalized a regulation earlier this year to provide greater oversight of laboratory developed tests (LDTs) within the agency’s existing medical device framework. Bucshon is the co-author of the bipartisan VALID Act (H.R.2369), which would create a new risk-based framework for the review of diagnostics and LDTs. Bucshon stated that many stakeholders’ opposition to the FDA rule has brought more parties back to the negotiating table on the VALID Act, and that the Supreme Court’s recent Chevron decision could result in litigation challenging the rule. Bucshon, who is retiring at the end of this year, has not yet secured a Republican to replace him alongside VALID Act co-lead Rep. Diana DeGette (D-Colo.).

Release of Senate 340B Bill Delayed-The release of legislation in the Senate to reform the 340B drug pricing program has been stalled, with the bill now not expected to be introduced until after the August recess. Sen. John Thune (R-S.D.) had previously expressed hopes that the bill would be rolled out last week, but its release was delayed by unspecified disagreements between Republican and Democratic members of the chamber’s bipartisan 340B working group. “It’s clear that we need a little more time to get this across the finish line,” GOP members of the working group-Sens. Thune, Jerry Moran (Kan.), and Shelley Moore Capito (W-Va.)-said in a statement.

CMS Releases FY25 IPPS Final Rule-Hospital payments will increase by $3.2 billion next year under the FY 2025 Medicare Hospital Inpatient Prospective Payment System (IPPS) final rule released by CMS last week. The 2.9% increase will take effect October 1 and is in line with CMS’ initial proposed rule. The regulation also finalizes a separate IPPS payment for small, independent hospitals to establish and maintain a buffer stock of essential medicines. The agency asserts that such facilities are particularly vulnerable to supply disruptions, and that buffer stocks will help guard against future shortages. CMS’ fact sheet on the final rule can be found here.

Congressional Retirements and Resignations-Rep. Bob Good (R-Va.) was defeated by former Navy SEAL officer John McGuire in the Republican primary following a recount for Virginia’s 5^th congressional district. Good was first elected to Congress in 2020 and serves on the Education and Workforce and Budget committees. He is currently the chairman of the House Freedom Caucus.

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

Upcoming Congressional Hearings and Markups

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

Recently Introduced Health Legislation

H.R.9179-To amend title 38, United States Code, to establish the Office of Falls Prevention of the Department of Veterans Affairs, and for other purposes; Sponsor: Budzinski, Nikki [Rep.-D-IL-13]; Committees: House-Veterans’ Affairs; Education and the Workforce

S.4827-A bill to improve transparency and the availability of information regarding dietary supplements by amending the Federal Food, Drug, and Cosmetic Act to require manufacturers of dietary supplements to list dietary supplements with the Food and Drug Administration; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

S.4829-A bill to direct the Administrator of the Centers for Medicare & Medicaid Services to clarify that implanted active middle ear hearing devices are prosthetics and are not subject to the hearing aid coverage exclusion under the Medicare program; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Finance

S.Res.775-A resolution expressing support for the designation of July 15, 2024, as “National Leiomyosarcoma Awareness Day”; Sponsor: Stabenow, Debbie [Sen.-D-MI]; Committees: Senate-Health, Education, Labor, and Pensions

S.4831-A bill to amend the Older Americans Act of 1965 to include peer supports as a supportive service within the National Family Caregiver Support Program, to require States to consider the unique needs of caregivers whose families have been impacted by substance use disorder, including opioid use disorder, in providing services under such program, and for other programs; Sponsor: Budd, Ted [Sen.-R-NC]; Committees: Senate-Health, Education, Labor, and Pensions

S.4835-A bill to amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide for 3 primary care visits and 3 behavioral health care visits without application of any cost-sharing requirement; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Health, Education, Labor, and Pensions

S.4845-A bill to lower the cost of all drugs for all Americans; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

S.4847-A bill to require the Secretary of Defense to conduct a study on active military-civilian partnerships at trauma centers of military medical treatment facilities within the Defense Health Agency; Sponsor: Cortez Masto, Catherine [Sen.-D-NV]; Committees: Senate-Armed Services

S.4855-A bill to amend the Older Americans Act of 1965 to authorize the provision of appropriate training, resources, and best practices to the aging network under grants for projects that address negative health effects associated with social isolation among older individuals; Sponsor: Murphy, Christopher [Sen.-D-CT]; Committees: Senate-Health, Education, Labor, and Pensions

S.4860-A bill to amend title XVIII of the Social Security Act to establish coverage for certain residential substance use disorder services under the Medicare program; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Finance

S.4862-A bill to ensure that new advances in artificial intelligence are ethically adopted to improve the health of all individuals, and for other purposes; Sponsor: Rounds, Mike [Sen.-R-SD]; Committees: Senate-Health, Education, Labor, and Pensions

H.R.9184-To amend title XI of the Social Security Act to exclude from antikickback and other sanctions certain travel and lodging arrangements between manufacturers of drugs and individuals being administered such drugs, and for other purposes; Sponsor: Guthrie, Brett [Rep.-R-KY-2]; Committees: House-Energy and Commerce; Ways and Means

H.R.9186-To amend title 10, United States Code, to ensure that medical records of the Department of Defense indicate the organizational affiliation of certain health care providers; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House-Armed Services

H.R.9194-To amend the Research and Development, Competition, and Innovation Act to support nucleic acid screening, and for other purposes; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Science, Space, and Technology

H.R.9218-To establish a clear and consistent biological definition of male and female; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House-Judiciary

H.R.9232-To amend title XVIII of the Social Security Act to establish coverage for certain residential substance use disorder services under the Medicare program; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Ways and Means

H.R.9233-To amend the Public Health Service Act to require the Secretary of Health and Human Services to establish a program for the conduct and support of research, training, and health information dissemination with respect to environmental risk factors of neurodegenerative diseases, and for other purposes; Sponsor: Wexton, Jennifer [Rep.-D-VA-10]; Committees: House-Energy and Commerce

S.4878-A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to approval of abbreviated new drug applications; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

S.4879-A bill to prioritize funding for an expanded and sustained national investment in biomedical research; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Appropriations

S.4905-A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for other purposes; Sponsor: Reed, Jack [Sen.-D-RI]; Committees: Senate-Health, Education, Labor, and Pensions

S.4918-A bill to amend the Federal Food, Drug, and Cosmetic Act to allow for the personal importation of safe and affordable drugs from approved pharmacies in Canada; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Health, Education, Labor, and Pensions

S.Res.794-A resolution designating September 25, 2024, as “National Ataxia Awareness Day”, and raising awareness of ataxia, ataxia research, and the search for a cure; Sponsor: Hyde-Smith, Cindy [Sen.-R-MS]; Committees: Senate-Judiciary

S.Res.799-A resolution supporting the goals and ideals of Fentanyl Prevention and Awareness Day on August 21, 2024; Sponsor: Grassley, Chuck [Sen.-R-IA]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.4923-A bill to amend title IV of the Social Security Act to require States to provide information about available benefits and services to kinship caregivers; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Finance

S.4935-A bill to amend title XVIII of the Social Security Act to update the budget neutrality threshold under the Medicare physician fee schedule; Sponsor: Boozman, John [Sen.-R-AR]; Committees: Senate-Finance

S.4937-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

S.4942-A bill making appropriations for the Departments of Labor, Health and human Services, and Education, and related agencies for the fiscal year ending September 30, 2025, and for other purposes; Sponsor: Baldwin, Tammy [Sen.-D-WI]; Committees: Senate-Appropriations

S.4949-A bill to improve end-of-life care; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate-Health, Education, Labor, and Pensions

S.4957-A bill to amend the Public Health Service Act to provide for a health care workforce innovation program; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

S.4964-A bill to provide for a comprehensive Federal response to Long COVID, including research, education, and support for affected individuals, to direct the National Institutes of Health to establish a Long COVID research program, and for other purposes; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

S.4968-A bill to improve the Institutional Development Award program of the National Institutes of Health; Sponsor: Hyde-Smith, Cindy [Sen.-R-MS]; Committees: Senate-Health, Education, Labor, and Pensions

S.4984-A bill to amend the Controlled Substances Act to require regulated persons to identify tableting machines and encapsulating machines by serial number; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate-Judiciary

S.4987-A bill to codify Chevron deference; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Homeland Security and Governmental Affairs

Senate Appropriations Timing Announced, Murray Pushes for Increase in Nondefense Spending-Senate appropriators will begin the process of marking up fiscal year 2025 government funding bills the week of July 8, according to an announcement from Appropriations Chair Patty Murray (D-Wash.) last week. Murray delivered a floor speech on Tuesday calling for an increase in nondefense discretionary funding beyond the 1% increase agreed upon in the 2023 debt limit deal. Murray specifically discussed the impact of a 1% increase on medical research, arguing that “One percent means we are blunting momentum for lifesaving biomedical breakthroughs. The National Institutes of Health (NIH) is looking at a $280 million shortfall as Cures Act funding tapers off. That absolutely cannot be filled with a 1% bump. And that’s on top of the $678 million in NIH Cures Act funding that already expired last year-that we couldn’t make up for because of the caps. There are countless patients who would be devastated to hear that totally arbitrary spending caps are stifling research that could save their life.”

Drug Patent Bill Receives Favorable CBO Score-The Affordable Prescriptions for Patients Act (S.150) which would reform the drug patent system and increase generic competition is estimated to save $3 billion over the next decade, according to the bill’s new score from the Congressional Budget Office (CBO). Supporters of the bipartisan legislation, introduced by Sen. John Cornyn (R-Texas) and Richard Blumenthal (D-Conn.), are pushing for its inclusion in a year-end health care package. The bill specifically aims to curtail the use of product hopping and patent thickets. The latest CBO savings projection is three times higher than the agency’s 2022 estimate. The legislation was advanced by the Senate Judiciary Committee in a bipartisan vote last year.

Wyden, Senate Dems Release Bill to Address Labor and Delivery Unit Closures-Senate Finance Committee Chairman Ron Wyden (D-Ore.) released draft legislation last week that aims to prevent additional closures of hospital labor and delivery units in rural and underserved areas. The Keep Obstetrics Local Act would increase Medicaid payments for labor and delivery care, provide standby payments to support low-volume hospitals, and require Medicaid coverage of 12 months of postpartum care nationwide. Wyden was joined by fifteen Senate Democrats in releasing the proposal. A summary and section by section of the draft bill can be found here. Legislative text can be found here.

Democrats Push Administration to Improve Transparency of ERISA Plan Benefit Denials-House Education and the Workforce Committee Ranking Member Bobby Scott (D-Va.) and Health, Employment, Labor, and Pensions Subcommittee Ranking Member Mark DeSaulnier (D-Calif.) have sent a letter to the Department of Labor raising concerns about benefit denials by employer-based health plans. The letter highlights recent media investigations into systemic denials of health benefits by insurers and third-party administrators that prevent workers and their families from accessing needed health care services. Health plans subject to the Employee Retirement Income Security Act (ERISA), which cover more than 130 million Americans, are required to submit an annual report known as Form 5500 to the Department of Labor with information about their financial status and operations. Scott and DeSaulnier urge the Department to improve Form 5500 to ensure that necessary data regarding benefit denials is collected and to close loopholes that currently exempt millions of ERISA-covered plans from compliance with disclosure requirements.

CBO Releases Updated Data on 340B Spending-The Congressional Budget Office (CBO) has released new data on 340B drug discount program spending. CBO’s analysis found that spending on cancer treatments, immunosuppressants, and anti-infective agents comprised 70% of total program spending in 2021, up from 58% in 2010. The analysis also found that 88% of the growth in program spending stems from drugs prescribed by hospitals and their affiliated clinics. CBO notes that only a portion of the growth in 340B spending can be explained by market wide trends or by disproportionate growth in spending on certain classes of drugs; other factors that may have contributed to the growth in 340B spending include integration of hospitals and clinics, expanded facility participation due to the Affordable Care Act; and expanded use of contract pharmacies.

CMS to Discontinue Change Accelerated Payment Program-The Centers for Medicare and Medicaid Services (CMS) has announced that it will discontinue the Change Healthcare/Optum Payment Disruption program on July 12. The program was initiated following the February cyberattack on Change Healthcare to support providers experiencing cash flow disruptions. CMS has ultimately issued more than $2.55 billion in accelerated payments to more than 4,200 Medicare Part A providers, and more than $717.18 million in accelerated payments to 4,722 Part B suppliers. More than 96% of the payments made through the program have already been recovered.

FDA Releases Draft Interchangeability Guidance-The Food and Drug Administration (FDA) released a draft guidance on Friday that proposes to eliminate study requirements for demonstrating that biosimilar drugs are interchangeable with their FDA-licensed reference product. The agency asserts that since the publication of their 2019 interchangeability guidance, experience has demonstrated that the safety or diminished efficacy risk following a switch between a reference product and biosimilar is insignificant. “Health care professionals and patients can be confident in the safety and effectiveness of a biosimilar product, whether or not it has also been approved as an interchangeable biosimilar, just as they would be for an originator biologic,” the FDA said in a statement. Comments on the draft guidance are due August 20.

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 Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust hearing “Follow the Science?: Oversight of the Biden COVID-19 Administrative State Response;” 10:00 a.m.; June 26

House Veterans’ Affairs Subcommittee on Health hearing “The Continuity of Care: Assessing the Structure of VA’s Healthcare Network;” 2:15 p.m.; June 26

House Ways and Means Subcommittee on Health hearing “Improving Value-Based Care for Patients and Providers;” 3:00 p.m.; June 26

House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies markup of FY 2025 Labor, Health and Human Services, Education, and Related Agencies bill; 8:00 a.m.; June 27

House Energy and Commerce markup of the American Privacy Rights Act; 10:00 a.m.; June 27

Recently Introduced Health Legislation

H.Res.1301-Expressing support for the inaugural Heart Recovery Awareness Day on February 20, 2025; Sponsor: Moulton, Seth [Rep.-D-MA-6]; Committees: House-Energy and Commerce

H.R.8749-To amend title XVIII of the Social Security Act to promote preparedness and Medicare beneficiary access to safer, more accurate sterile intravenous drug preparations through automated hospital infrastructure; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Ways and Means

H.R.8756-To establish the Chief Artificial Intelligence Officers Council, Chief Artificial Intelligence Officers, and Artificial Intelligence Coordination Boards, and for other purposes; Sponsor: Connolly, Gerald E. [Rep.-D-VA-11]; Committees: House-Oversight and Accountability; Science, Space, and Technology

H.R.8763-To provide grants to States to encourage the implementation and maintenance of firearms licensing requirements, and for other purposes; Sponsor: Pressley, Ayanna [Rep.-D-MA-7]; Committees: House-Judiciary

H.R.8764-To require the Attorney General to make publicly available a list of federally licensed firearms dealers with a high number of short time-to-crime firearm traces, and to prohibit Federal departments and agencies from contracting with such dealers; Sponsor: Raskin, Jamie [Rep.-D-MD-8]; Committees: House-Judiciary; Oversight and Accountability

H.R.8767-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; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Energy and Commerce

H.R.8768-To authorize the Attorney General to make grants available to support State, Tribal, and local firearm destruction activities, and for other purposes; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House-Judiciary

H.R.8771-Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2025, and for other purposes; Sponsor: Diaz-Balart, Mario [Rep.-R-FL-26]; Committees: House-Appropriations

S.4554-A bill to express support for protecting access to reproductive health care after the Dobbs v. Jackson decision on June 24, 2022; Sponsor: Murray, Patty [Sen.-D-WA]; Latest Action: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time

S.4556-A bill to amend title 38, United States Code, to establish the Office of Falls Prevention of the Department of Veterans Affairs, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Veterans’ Affairs

S.Res.738-A resolution expressing support for the designation of June 19, 2024, as “World Sickle Cell Awareness Day” in order to increase public awareness across the United States and global community about sickle cell disease and the continued need for empirical research, early detection screenings, novel effective treatments leading to a cure, and preventative care programs with respect to complications from sickle cell anemia and conditions relating to sickle cell disease; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Foreign Relations

S.4575-A bill to amend the Older Americans Act of 1965 to require the Assistant Secretary for Aging to make available to States, area agencies on aging, and service providers information and technical assistance to support the provision of evidence-informed practices that are likely to improve health outcomes, and for other purposes; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

S.4577-A bill to amend the Older Americans Act of 1965 to require the Assistant Secretary for Aging to publish on an online portal information on national resource centers authorized or supported under such Act, and for other purposes; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

S.4578-A bill to amend the Older Americans Act of 1965 to require reports to Congress on State Long-Term Care Ombudsman Programs, and for other purposes; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

S.4581-A bill to require the Secretary of State, in coordination with the Secretary of Health and Human Services, the Administrator of the United States Agency for International Development, and such other heads of departments and agencies as the Secretary of State considers appropriate, to formulate a strategy for the Federal Government to secure support from foreign countries, multilateral organizations, and other appropriate entities to facilitate the development and commercialization of qualified pandemic or epidemic products, and for other purposes; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate-Foreign Relations

S.4583-A bill to amend the Federal Food, Drug, and Cosmetic Act to extend the authority of the Secretary of Health and Human Services to issue priority review vouchers to encourage treatments for rare pediatric diseases; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

S.4587-A bill to amend the Public Health Service Act to include rural emergency hospitals in the definition of a covered entity for purposes of the drug discount program under section 340B of such Act; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate-Health, Education, Labor, and Pensions

S.4592-A bill to amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Deputy Assistant Secretary for Minority Health, to award grants to faith- or community-based organizations to address persistent health inequities and chronic disease challenges; Sponsor: Gillibrand, Kirsten E. [Sen.-D-NY]; Committees: Senate-Health, Education, Labor, and Pensions

H.Res.1304-Expressing support for the designation of June 19, 2024, as “World Sickle Cell Awareness Day” in order to increase public awareness across the United States and global community about sickle cell disease and the continued need for empirical research, early detection screenings, novel effective treatments leading to a cure, and preventative care programs with respect to complications from sickle cell anemia and conditions relating to sickle cell disease; Sponsor: Davis, Danny K. [Rep.-D-IL-7]; Committees: House-Energy and Commerce

H.Res.1306-Expressing support for the designation of June 21, 2024, as National ASK (Asking Saves Kids) Day to promote children’s health and safe storage of guns in the home; Sponsor: Crow, Jason [Rep.-D-CO-6]; Committees: House-Energy and Commerce

H.Res.1307-Expressing support for the designation of June 20, 2024, as “World FSHD Day”; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Energy and Commerce

H.Res.1310-Expressing support for the designation of the month of June 2024 as “National Post-Traumatic Stress Awareness Month” and June 27, 2024, as “National Post-Traumatic Stress Awareness Day”; Sponsor: Peters, Scott H. [Rep.-D-CA-50]; Committees: House-Armed Services; Veterans’ Affairs

H.R.8776-To amend the Internal Revenue Code of 1986 to treat membership in a health care sharing ministry as a medical expense, and for other purposes; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Ways and Means

S.4612-A bill to ensure that the background check system used for firearms purchases denies a firearm to a person prohibited from possessing a firearm by a lawful court order governing the pretrial release of the person; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Judiciary

S.4614-A bill to direct the Secretary of Health and Human Services and the Secretary of Education to coordinate and distribute educational materials and resources regarding artificial intelligence and social media platform impact, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

S.4616-A bill to establish a public health plan; Sponsor: Bennet, Michael F. [Sen.-D-CO]; Committees: Senate-Finance

House Passes First FY 2025 Appropriations Bill-The House of Representatives passed the first of the 12 annual appropriations measures last week. The fiscal year (FY) 2025 Military Construction-Veterans Affairs (VA) appropriations bill (H.R.5850) passed in a 209-197 vote. The House adopted an amendment to the bill from Rep. Brian Mast (R-Fla.) to end restrictions that currently prevent VA staff from recommending medical marijuana as a treatment option in states where it is legal to do so. While the White House has stated that the President would veto the legislation, which contains limits on federal diversity programs and cuts for military construction, the bill will serve as the starting point for House Republicans in bicameral government funding negotiations later this year. The Senate has not yet announced its FY 2025 appropriations plans. Congress has until the end of the fiscal year on September 30 to pass appropriations legislation or agree on a stopgap spending bill to keep the federal government open. Lawmakers will be in session only a limited number of weeks between now and the November election-both chambers are scheduled to recess for all of August and October, and for two weeks in July for the July 4^th holiday and Republicans’ national convention.

Senate Republicans Block Vote on Contraception Bill-Republicans in the Senate blocked consideration of legislation (S.4381) that would codify Americans’ right to access contraception last week. Sens. Lisa Murkowski (R-Alaska) and Susan Collins (R-Maine) were the only Republicans to vote in favor of the Right to Contraception Act. The bill failed on a 51-39 procedural vote, with 60 votes necessary for advancement. Congressional Democrats are attempting to put Republicans on the record on issues related to reproductive rights ahead of the November elections. Republicans argued that the measure is unnecessary and stated that Democrats are “fearmongering on this important issue to score cheap points.” Senate Democrats plan to bring up legislation (S.4445) that would create a federal right to in vitro fertilization services for a vote this week. The bill would require employer-sponsored insurance plans to cover fertility treatments.

Wyden Urges HHS to Strengthen Health Sector Cybersecurity-Senate Finance Committee Chairman Ron Wyden (D-Ore.) is urging the U.S. Department of Health and Human Services (HHS) to take immediate, enforceable steps to require large health care companies to improve their cybersecurity practices. Wyden argues that HHS’ failure to regulate the cybersecurity practices of major health care providers like UnitedHealth Group resulted in what has been described as the worst cyberattack against the sector in U.S. history-the February cyberattack against Change Healthcare. Wyden specifically suggests that HHS: (1) require minimum, mandatory technical cybersecurity standards for systemically important entities (SIEs); (2) require SIEs to meet resiliency requirements; (3) conduct periodic cybersecurity audits of covered entities and business associates as part of the audits required by Section 13411 of the HITECH Act; and (4) provide technical assistance on cybersecurity to health care providers.

Democrats Press for Release of Mental Health Parity Final Rule-A group of Senate Democrats have sent a letter to the White House urging administration officials to finalize regulations aimed at improving enforcement of statutory mental health parity requirements. The lawmakers highlight evidence of how insurers are failing to meet the requirements of the Mental Health Parity and Addiction Equity Act of 2008 and how this failure has impacted the nation’s ongoing mental health and substance use disorder crisis. They argue that the proposed regulations issued by the Biden administration last summer “will close existing loopholes in the law, expand narrow networks, and prohibit restrictive practices that prevent families from accessing care…These commonsense parity rules will help Americans suffering from mental health conditions or substance use disorder, reduce costs for taxpayers, and save lives.” The letter was led by Sen. Chris Murphy (D-Conn.) and signed by Sens. Peter Welch (D-Vt.), Alex Padilla (D-Calif.), Ed Markey (D-Mass.), Amy Klobuchar (D-Minn.), and Ben Ray Lujan (D-N.M.). The Treasury Department has indicated that it aims to finalize the rules sometime this month.

GAO Provides Status Update on HHS Recommendations-The Government Accountability Office (GAO) released a letter it sent to the U.S. Department of Health and Human Services (HHS) highlighting the 35 open recommendations for the department that the GAO has identified as high priority. The recommendations cover the following seven areas: public health emergency preparedness, public health and human services program oversight, Food and Drug Administration oversight, the Medicaid program, the Medicare program, improper payments in Medicaid and Medicare, and health care infrastructure, information technology, and cybersecurity. The agency highlights that since May 2023, HHS has implemented seven recommendations identified as high priority-including strengthening domestic production of medical supplies and incorporating expert feedback on COVID-19 data collection-while five recommendations have been closed due to no longer being valid.

Texas Congresswoman Announces Cancer Diagnosis-Rep. Sheila Jackson Lee (D-Texas) announced that she has been diagnosed with pancreatic cancer. The Congresswoman is currently undergoing treatment. While she expects to be occasionally absent from Congress, Jackson Lee stated that she will work with congressional leadership to be present for any critical votes in the House of Representatives.

Menendez Files to Run as Independent-Sen. Bob Menendez (N.J.) has filed to run for reelection to the Senate as an independent. Menendez is currently on trial for federal bribery charges in New York, and had announced earlier this year that he would not seek the Democratic nomination to pursue a fourth term in the Senate. Menendez clarified that his decision to run as an independent does not mean that he is changing political parties. U.S. Representative Andy Kim (D-N.J.) won the state’s Democratic primary election last Tuesday.

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 Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies markup; 6:00 p.m.; June 11

House Appropriations Committee markup of FY 2025 State, Foreign Operations, and Related Programs and Homeland Security bills; 9:00 a.m.; June 12

Senate Judiciary Committee “Combatting the Youth Vaping Epidemic by Enhancing Enforcement Against Illegal E-Cigarettes;” 10:00 a.m.; June 12

Senate Finance Committee “Youth Residential Treatment Facilities: Examining Failures and Evaluating Solutions;” 10:00 a.m.; June 12

House Veterans’ Affairs Committee “A Call to Action: Meeting the Needs of the Spinal Cord Injury and Disorders (SCI/D) Veteran Community;” 9:30 a.m.; June 13

House Budget Committee “Medicare and Social Security: Examining Solvency and Impacts to the Federal Budget;” 10:00 a.m.; June 13

House Energy and Commerce Subcommittee on Health “Checking-In on CMMI: Assessing the Transition to Value-Based Care;” 10:00 a.m.; June 13

Recently Introduced Health Legislation

S.Res.716-A resolution expressing support for the designation of June 7, 2024, as “National Gun Violence Awareness Day” and June 2024 as “National Gun Violence Awareness Month”; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Judiciary

S.4436-A bill to improve the safety of infant formula through testing of infant formula for microorganisms and toxic elements, and for other purposes; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate-Health, Education, Labor, and Pensions

S.4437-A bill to require the Secretary of Veterans Affairs to carry out a pilot program to coordinate, navigate, and manage care and benefits for veterans enrolled in both the Medicare program and the system of annual patient enrollment of the Department of Veterans Affairs; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs

S.4445-A bill to protect and expand nationwide access to fertility treatment, including in vitro fertilization; Sponsor: Duckworth, Tammy [Sen.-D-IL]; Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

H.Res.1270-Supporting the designation of June, as “Brain and Spine Metastasis Awareness Month”; Sponsor: Foushee, Valerie P. [Rep.-D-NC-4]; Committees: House-Energy and Commerce

H.Res.1271-Expressing support for the designation of June 7, 2024, as “National Gun Violence Awareness Day” and June 2024 as “National Gun Violence Awareness Month”; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House-Judiciary

H.Res.1273-Designating a day in May 2024, as “Disability Reproductive Equity Day”; Sponsor: Pressley, Ayanna [Rep.-D-MA-7]; Committees: House-Energy and Commerce

H.R.8599-To amend the Internal Revenue Code of 1986 to include over-the-counter oral healthcare products as qualified medical expenses which can be purchased with HSA and FSA funds; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House-Ways and Means

H.R.8601-To amend the Public Health Service Act to provide for and support liver illness visibility, education, and research, and for other purposes; Sponsor: Velazquez, Nydia M. [Rep.-D-NY-7]; Committees: House-Energy and Commerce

S.Res.718-A resolution expressing the sense of the Senate that the United States Government should immediately place a moratorium on all federally funded gain-of-function research given the increased safety concerns; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Health, Education, Labor, and Pensions

S.Res.724-A resolution designating May 2024 as “National Brain Tumor Awareness Month”; Sponsor: Daines, Steve [Sen.-R-MT]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.J.Res.91-A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting”; Sponsor: Lankford, James [Sen.-R-OK]; Committees: Senate-Finance

S.4447-A bill to allow women greater access to safe and effective oral contraceptive drugs intended for routine use, and to direct the Comptroller General of the United States to conduct a study on Federal funding of contraceptive methods; Sponsor: Ernst, Joni [Sen.-R-IA]; Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

H.R.8614-To authorize the National Academies of Sciences, Engineering, and Medicine to carry out a study to examine the potential relationship between increased health risks and living in proximity to sites that have been or are being mined for surface coal deposits, and the potential human health effects of surface coal mining operations in Central Appalachia, and for other purposes; Sponsor: McGarvey, Morgan [Rep.-D-KY-3]; Committees: House-Natural Resources

S.Res.725-A resolution affirming the legal status of contraception following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022); Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate-Judiciary

S.Res.726-A resolution designating June 6, 2024, as National Naloxone Awareness Day; Sponsor: Scott, Rick [Sen.-R-FL]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.4469-A bill to improve the understanding of, and promote access to treatment for, chronic kidney disease, and for other purposes; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Committees: Senate-Finance

H.R.8633-To amend title 10, United States Code, to direct the Secretary of Defense to limit copayments for outpatient visits for mental health or behavioral health under the TRICARE program, and for other purposes; Sponsor: Houlahan, Chrissy [Rep.-D-PA-6]; Committees: House-Armed Services

Bipartisan Working Group Releases GME Proposal-Senate Finance Committee Chairman Ron Wyden (D-Ore.), along with seven members of the Bipartisan Medicare Graduate Medical Education (GME) Working Group, released a policy outline last week aimed at strengthening the Medicare GME program and addressing physician workforce shortages. The framework focuses particularly on shortages in primary care and psychiatry, and on how the distribution of physicians across the nation can be improved to better care for rural and underserved communities. The paper was released with the support of Sens. John Cornyn (R-Texas), Robert Menendez (D-N.J.), Bill Cassidy (R-La.), Michael Bennet (D-Colo.), Thom Tillis (R-N.C.), Catherine Cortez Masto (D-Nev.), and Marsha Blackburn (R-Tenn.). The lawmakers are requesting feedback be submitted by June 24.

Finance, HELP Leaders Request Briefing From MultiPlan-Senate Finance Committee Chairman Ron Wyden (D-Ore.) and Health, Education, Labor, and Pensions (HELP) Committee Chairman Bernie Sanders (I-Vt.) have sent a letter to the CEO of MultiPlan, a health care data analytics firm, about the operation of the company’s business model. A recent report from the New York Times revealed MultiPlan’s role in helping health insurers determine medical payments for out-of-network claims and raised questions about possible price fixing. “We are concerned that your company’s Data iSight product improperly drives up patient health care costs and, further, that the financial incentives built into the fee for the use of the Data iSight product result in an improper conflict of interest between determining a plan’s liability for out-of-network claims and the plan’s duty to provide promised benefits pursuant to ERISA,” the letter states. The chairmen request that MultiPlan meet with committee staff on the allegations contained in the New York Times investigation published on April 7^th.

Number of Health Care Data Breaches Increasing-There were 226 health care data breaches in the first quarter of 2024, a 44% increase over the same time period last year, according to the latest data from the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR). The breaches compromised the data of 17.6 million patients. OCR’s data does not include the Change Healthcare attack that took place in February, which UnitedHealth Group has estimated may have impacted a third of Americans. In related news, Sen. Ron Wyden (D-Ore.) is asking the Federal Trade Commission and the Securities and Exchange Commission to further investigate cybersecurity and technology failures by UnitedHealth Group to determine whether any laws were broken in the events leading up to the hack of Change Healthcare. The hack “caused substantial harm to consumers, investors, the health-care industry and US national security,” Wyden writes in the letter, and the breach was “completely preventable and the direct result of corporate negligence.”

E&C Members Introduce 340B Reform Legislation-Reps. Larry Bucshon, MD (R-Ind.), Buddy Carter, BSPharm (R-Ga.), and Diana Harshbarger, PharmD (R-Tenn.) introduced legislation last week aimed at ensuring access and transparency in the 340B drug pricing program. The 340B ACCESS Act (H.R. 8574) would clarify the intent of the 340B program “to provide for manufacturer price reductions that enable covered entities, whose mission is to serve underserved or otherwise vulnerable communities, to increase access to affordable drugs and health services for these communities.” The bill also contains provisions to:

• Ensure 340B prescriptions are offered to patients at a discount.
• Update the 340B patient definition with strong safeguards.
• Establish clear criteria for 340B contract pharmacy arrangements to improve access.
• Prevent middlemen and for-profit entities from profiting off the 340B program.
• Update and strengthen 340B hospital eligibility requirements.
• Address standards for 340B child sites and subgrantee eligibility.
• Create a neutral 340B claims data clearinghouse.
• Facilitate public reporting on 340B program data.
• Establish enforceable rules and enhance federal administration and oversight of the 340B program.

The bill’s sponsors all serve on the House Energy and Commerce Committee, the committee of jurisdiction. The Subcommittee on Oversight and Investigation will hold a hearing on Tuesday, June 4 titled “Oversight of 340B Drug Pricing Program.”

GAO Issues Report on Medicaid MCOs Use of Prior Authorization-The Government Accountability Office (GAO) issued a report last week warning that Medicaid managed care organizations (MCOs) may be denying children access to early screening tests to which they are entitled. The report, which was requested by House Energy and Commerce Committee Ranking Member Frank Pallone (D-N.J.), attests that the Centers for Medicare and Medicaid Services’ (CMS) requirements around plans’ use of prior authorization are not clearly defined. GAO recommends that CMS provide written expectations for state monitoring of plans’ prior authorization decisions and claims denials, and to more clearly define when plans can mandate prior authorization for screening, diagnostic, and treatment services when it is not required by the state. Pallone stated that GAO’s findings will be used to inform Democrats’ ongoing investigation into the use of prior authorization and its impact on access to care.

Manchin Registers as Independent-Sen. Joe Manchin announced his decision leave the Democratic Party last week. Manchin officially filed as an independent on Friday. “My commitment to do everything I can to bring out country together has led me to register as an independent with no party affiliation,” Manchin posted on the social platform X. Manchin has served in the Senate since 2010 and announced in November that he would not be running for reelection later this year. However, there is some speculation that his announcement could lead to a decision to run as an Independent for the US Senate which has a filing deadline of August 1.

Congressional Retirements and Resignations-Oregon state representative Maxine Dexter, MD has won the Democratic primary in the race to replace retiring Rep. Earl Blumenauer (D-Ore.). Dexter is a pulmonologist and critical care medicine specialist. She is expected to win November’s general election to represent Oregon’s heavily Democratic 3^rdcongressional district in the House of Representatives.

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

Upcoming Congressional Hearings and Markups

House Oversight and Accountability Select Subcommittee on the Coronavirus Pandemic hearing with Dr. Anthony Fauci; 10:00 a.m.; June 3

Senate Health, Education, Labor, and Pensions Committee hearing “The Assault on Women’s Freedoms: How Abortion Bans Have Created a Health Care Nightmare Across America;” 10:00 a.m.; June 4

House Energy and Commerce Subcommittee on Oversight and Investigations hearing “Oversight of the 340B Drug Pricing Program;” 10:30 a.m.; June 4

House Natural Resources Subcommittee on Energy and Mineral Resources legislative hearing on H.R. 6395, Recognizing the Importance of Critical Minerals in Healthcare Act of 2023; 10:30 a.m.; June 4

Senate Special Committee on Aging and Veterans’ Affairs Committee “Heroes at Home: Improving Services for Veterans and their Caregivers;” 10:00 a.m.; June 5

Recently Introduced Health Legislation

H.R.8570-To establish a pharmacy program to award grants for safe in-home drug disposal and practical medication safety education, and for other purposes; Sponsor: Hudson, Richard [Rep.-R-NC-9]; Committees: House-Energy and Commerce

H.R.8571-To require the Attorney General to establish a grant program to assist with the medical expenses of qualified working dogs, and for other purposes; Sponsor: James, John [Rep.-R-MI-10]; Committees: House-Judiciary; Armed Services; Veterans’ Affairs

H.Res.1264-Expressing support for the designation of May 2024 as “National Brain Tumor Awareness Month”; Sponsor: Quigley, Mike [Rep.-D-IL-5]; Committees: House-Energy and Commerce

H.R.8574-To amend the Public Health Service Act to reform the 340B drug pricing program, and for other purposes; Sponsor: Bucshon, Larry [Rep.-R-IN-8]; Committees: House-Energy and Commerce; Ways and Means

H.R.8575-To amend title XIX of the Social Security Act to revise the definition of institution for mental diseases under the Medicaid program to exclude from such definition institutions having 36 beds or less if such institutions meet certain standards; Sponsor: Goldman, Daniel S. [Rep.-D-NY-10]; Committees: House-Energy and Commerce

H.R.8576-To amend title XVIII of the Social Security Act to establish a new criterion for the nonapplication of site-neutral payments to long-term care hospitals under the Medicare program; Sponsor: Hern, Kevin [Rep.-R-OK-1]; Committees: House-Ways and Means

E&C Advances Data Privacy Bill-The House Energy and Commerce Committee unanimously advanced the latest version of the American Privacy Rights Act in a full committee markup last week. The discussion draft, which is the product of bipartisan, bicameral negotiations between Senate Commerce Chair Maria Cantwell (D-WA) and Energy and Commerce Chair Cathy McMorris Rodgers (R-WA), aims to strengthen consumer data privacy rights. The bill provides individuals with new consumer privacy rights and includes data minimization requirements and a broad private right of action. Health Insurance Portability and Accountability Act (HIPPA) covered entities are generally exempt from the draft legislation, but they would be required to comply with its data security provisions.

Senate to Vote on Reproductive Rights Legislation-Senate Majority Leader Chuck Schumer (D-NY) announced his plans to bring reproductive rights bills to the floor for a vote in June. The Right to Contraception Act (S.1999) would create a right to access contraception, and for health care providers to provide patients with contraception. The Access to Family Building Act (S.3612) would create a right to access for in vitro fertilization services. While neither bill has GOP support, Democrats are aiming to put their Republican colleagues on the record about reproductive rights issues ahead of the November elections. Senate Health, Education, Labor, and Pensions Committee Chairman Bernie Sanders (I-VT) stated that his panel is considering action on these issues next month as well.

House Appropriators Adopt Topline Spending Levels-The House Appropriations Committee adopted top line funding levels for the 12 fiscal year FY2025 annual appropriations measures in a 30-22 partisan vote last week. The caps on spending known as 302(b) allocations are in keeping with the spending caps set by the-Fiscal Responsibility Act of 2023-last year’s debt-limit agreement. They would cut nondefense programs by 6% while increasing defense spending by 1%. The Committee also advanced its FY2025 Military Construction-Veterans Affairs (VA) bill in a party line 34-25 vote. The committee report accompanying the bill highlights that the nation’s ability to manufacture essential medical devices is at serious risk because of efforts by Chinese manufacturers to enter the market. The report warns of the potential for hospitals to become dependent on Chinese supplies and calls for a study on the percentage of Chinese-made medical devices and recommendations on how the VA can reduce its dependency on Chinese devices. While House Republicans are aiming to pass all 12 government funding bills by the end of July, Appropriations Committee Chairman Tom Cole (R-OK) has acknowledged that Congress will likely resort to the passage of a continuing resolution to fund the government beyond the September 30 deadline. GOP leaders are reportedly planning the following timeline for voting on appropriations measures:

Senators Urge Strong Support for NIH in FY2025 Appropriations-A bipartisan group of nearly 60 senators have sent a letter to the Senate Appropriations Committee leadership urging appropriators to maintain a strong commitment to funding for the National Institutes of Health (NIH) in the Labor, Health and Human Services, and Education fiscal year FY2025 appropriations bill. The letter, which was led by Sens. Bob Casey (D-PA) and Thom Tillis (R-NC), asks the committee “to consider the tremendous benefits of sustained and robust investment in the NIH,” and “to remember our Nation’s role as a world leader in biomedical research and the impact this research has on the American people.” The letter requests the full allocation of funding for the NIH provided by the 21st Century Cures Act. Sens. Tammy Baldwin (D-WI) and Shelley Moore Capito (R-WV)-chair and ranking member of the Labor-Health and Human Services (LHHS) Appropriations Subcommittee-have expressed their intent to increase NIH funding in the next fiscal year. Republicans in the House of Representatives recently proposed cutting the LHHS spending bill by $40 billion; full details of the House appropriations bill are expected to be released in late June.

Finance Members Drafting Bipartisan GME Bill-A bipartisan group of Senate Finance Committee members are preparing to introduce legislation that would increase the number of federally-funded graduate medical education (GME) slots. The bill is a part of the committee’s efforts to increase the number of physicians-particularly primary care and psychiatry providers-training and working in rural and underserved areas. The proposal would allocate 25% of the new slots to primary care physicians and 15% to psychiatry residents, and hospitals would be required to maintain the new GME slots for a decade. The U.S. Department of Health and Human Services would be required to track where the residents train and eventually end up practicing. The policymakers are still working to determine how many new GME slots to add, and what budgetary offsets will pay for the proposal.

Buchanan, Moore Launch New Preventive Health Caucus-Rep. Vern Buchanan (R-FL), chairman of the House Ways and Means Subcommittee on Health, and Rep. Gwen Moore (D-WI) launched the Congressional Preventive Health and Wellness Caucus last week. The group will focus on addressing the obesity epidemic through prevention, research, food as medicine, exercise, and health disparities. The cost of obesity to the nation will also be considered, with members planning to hold fact-finding hearings and introduce legislation on the subject.

Sen. Rick Scott to Run for Senate GOP Leader-Sen. Rick Scott (R-FL) announced his bid to succeed Minority Leader Mitch McConnell (R-KY) in a letter to colleagues last week. Sens. John Thune (R-SD) and John Cornyn (R-TX) are also running to replace McConnell as GOP leader when he retires from the leadership post later this year. Scott is a first-term senator who will likely be considered an underdog in the race. Sen. Thune currently serves as the minority whip, while Sen. Cornyn preceded Thune as whip.

Evans, Murphy Health Updates-Rep. Dwight Evans (D-PA) is recovering from a minor stroke and is expected to be absent from Congress for six weeks. Evans received the diagnosis last week after experiencing difficulty with one of his legs, noting that he did not realize at the time of the incident that he was having a stroke. He is currently recovering at an inpatient rehabilitation facility. According to a statement from Evans’ office, the congressman is expected to remain at the facility for about another week before transitioning to outpatient therapy. Evans noted his plans to work to “remove the stigma that sometimes accompanies strokes,” noting that “many people can recover and continue on with their life and their work.”

Rep. Greg Murphy, MD (R-NC) has undergone surgery to remove a pituitary macroadenoma at the base of his skull. Murphy stated on the social media platform X that his prognosis is “excellent,” and that the tumor is most likely benign. Prior to being elected to Congress, Murphy worked as a urologist. Although it remains unclear when he will be back at work full time, Murphy stated that he will “continue to be a tireless advocate for those who take care of patients” when he returns to Capitol Hill.

CMS Taps New Chief Health Equity Officer-Martin Mendoza has been tapped to serve as the director of the Office of Minority Health and chief health equity officer at the Centers for Medicare and Medicaid Services. Mendoza replaces outgoing interim director Aditi Mallick. Mendoza previously has worked as the director of health equity for the All of Us research program at the National Institutes of Health and as the head of extramural research for minority health in the Office of the Commissioner of the Food and Drug Administration (FDA). He is the primary author of FDA guidance on the collection of race and ethnicity data in clinical trials.

Congressional Retirements and Resignations-California state assemblyman Vince Fong (R) won the special election to serve the remainder of former House Speaker Kevin McCarthy’s (R-CA) term in the House of Representatives. Fong, who previously worked as McCarthy’s district director, defeated Tulare County Sheriff Mike Boudreaux (R) in Tuesday’s runoff election. The two candidates will face each other again in November to determine who will represent California’s 20^th congressional district for the next full term. Fong has been endorsed by McCarthy and former president Donald Trump. Once Fong is sworn in, the House will have 218 Republicans, 213 Democrats, and four vacancies.

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

Upcoming Congressional Hearings and Markups

House Oversight and Accountability Select Subcommittee on the Coronavirus Pandemic hearing with Dr. Anthony Fauci; 10:00 a.m.; June 3

Recently Introduced Health Legislation

H.Res.1240-Providing for consideration of the bill (H.R.4121) to protect an individual’s ability to access contraceptives and to engage in contraception and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception; Sponsor: Manning, Kathy E. [Rep.-D-NC-6]; Committees: House-Rules

H.Res.1242-Prioritizing mental health to the same degree as physical health to address the epidemics of suicide and drug overdose in the United States; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Energy and Commerce

H.R.8444-To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to establish grant programs to promote mental health in schools, and for other purposes; Sponsor: Napolitano, Grace F. [Rep.-D-CA-31]; Committees: House-Energy and Commerce

H.R.8458-To amend title XVIII of the Social Security Act to expand access to psychological and behavioral services; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House-Energy and Commerce; Ways and Means

H.R.8465-To amend title XXVII of the Public Health Service Act to increase health insurance access for individuals placing their newborns for adoption; Sponsor: Van Duyne, Beth [Rep.-R-TX-24]; Committees: House-Energy and Commerce

H.R.8466-To amend division N of the Consolidated Appropriations Act, 2021 to improve the Affordable Connectivity Program, and for other purposes; Sponsor: Williams, Brandon [Rep.-R-NY-22]; Committees: House-Energy and Commerce; Financial Services; Transportation and Infrastructure; Science, Space, and Technology; Natural Resources; Oversight and Accountability; Foreign Affairs; Judiciary

S.4368-A bill to amend title XIX of the Social Security Act to require, as a condition of receiving Federal Medicaid funding, that States do not prohibit in vitro fertilization (IVF) services, and for other purposes; Sponsor: Cruz, Ted [Sen.-R-TX]; Committees: Senate-Finance

S.4374-A bill to amend the Older Americans Act of 1965 to include screening for loneliness and coordination of supportive services and health care to address the negative health effects of loneliness, to require a report on loneliness, and for other purposes; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Health, Education, Labor, and Pensions

S.4375-A bill to establish a critical supply chain resiliency and crisis response program in the Department of Commerce, and to secure American leadership in deploying emerging technologies, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Commerce, Science, and Transportation

S.4381-A bill to protect an individual’s ability to access contraceptives and to engage in contraception and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception; Sponsor: Markey, Edward J. [Sen.-D-MA]; Latest Action: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time

H.Res.1248-Recognizing the impact the stigmatization of menstruation has on the lives of women, girls, and people who menstruate, and expressing support for the designation of the month of May as “National Menstrual Health Awareness Month”; Sponsor: Meng, Grace [Rep.-D-NY-6]; Committees: House-Energy and Commerce; Education and the Workforce

H.R.8470-To authorize the Secretary of Health and Human Services to make awards to increase or improve access to comprehensive mental and behavioral health services for individuals exposed to violent encounters involving law enforcement personnel, and for other purposes; Sponsor: Bush, Cori [Rep.-D-MO-1]; Committees: House-Energy and Commerce; Education and the Workforce; Judiciary

H.R.8475-To direct the Secretary of Defense to submit to Congress a report on the correlation between service in the Armed Forces conducting explosive ordnance disposal and post-traumatic stress disorder, traumatic brain injury, and suicide; Sponsor: Crawford, Eric A. “Rick” [Rep.-R-AR-1]; Committees: House-Armed Services

H.R.8481-To amend title 38, United States Code, to establish an extended deadline for the submission of applications regarding emergency treatment furnished in non-Department of Veterans Affairs medical facilities, and for other purposes; Sponsor: Mast, Brian J. [Rep.-R-FL-21]; Committees: House-Veterans’ Affairs

S.4394-A bill to support National Science Foundation education and professional development relating to artificial intelligence; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Commerce, Science, and Transportation

H.Res.1251-Honoring Rosalynn Smith Carter’s legacy in mental health advocacy; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House-Energy and Commerce

H.Res.1252-Honoring the commitment and care of emergency medical services personnel; Sponsor: Guest, Michael [Rep.-R-MS-3]; Committees: House-Energy and Commerce

H.R.8493-To establish the Task Force to Stop Price Gouging, and for other purposes; Sponsor: Craig, Angie [Rep.-D-MN-2]; Committees: House-Judiciary; Agriculture; Energy and Commerce

H.R.8503-To provide States with support to establish integrated care programs for individuals who are dually eligible for Medicare and Medicaid, and for other purposes; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Energy and Commerce; Ways and Means

H.R.8504-To amend the Internal Revenue Code of 1986 to establish the critical supply chains reshoring investment tax credit; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House-Ways and Means

S.Res.709-A resolution expressing support for the designation of May 2024 as “Mental Health Awareness Month”; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate-Health, Education, Labor, and Pensions

S.Res.711-A resolution designating May 2024 as “American Stroke Month”; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate-Judiciary

S.Res.713-A resolution designating May 2024 as “ALS Awareness Month”; Sponsor: Coons, Christopher A. [Sen.-D-DE]; Committees: Senate-Judiciary

S.Res.714-A resolution recognizing and supporting individuals born with congenital disabilities or malformations due to thalidomide exposure; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate-Health, Education, Labor, and Pensions

S.J.Res.90-A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Health and Human Services relating to “Nondiscrimination in Health Programs and Activities”; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Health, Education, Labor, and Pensions

S.4395-A bill to amend title XVIII of the Social Security Act to establish a floor on the work geographic index for physicians’ services furnished in Hawaii; Sponsor: Schatz, Brian [Sen.-D-HI]; Committees: Senate-Finance

S.4415-A bill to require the Secretary of Defense to establish a medical readiness program in the Indo-Pacific region, and for other purposes; Sponsor: Duckworth, Tammy [Sen.-D-IL]; Committees: Senate-Armed Services

S.4423-A bill to amend title 38, United States Code, to improve the provision of direct housing loans and medical care from the Department of Veterans Affairs for Native Hawaiians; Sponsor: Hirono, Mazie K. [Sen.-D-HI]; Committees: Senate-Veterans’ Affairs

S.4426-A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited conditional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

S.4428-A bill to establish an interagency committee to coordinate activities of the Federal Government relating to biotechnology oversight, and for other purposes; Sponsor: Young, Todd [Sen.-R-IN]; Committees: Senate-Commerce, Science, and Transportation

S.4429-A bill to require the Secretary of Health and Human Services to provide grants to demonstrate pharmacy-based addiction care programs; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

S.4430-A bill to amend title XIX of the Social Security Act to establish a Health Engagement Hub demonstration program to increase access to treatment for opiate use disorder and other drug use treatment, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Finance

H.Res.1257-Expressing the need for enhanced public awareness of Huntington’s Disease and support for the designation of a “National Huntington’s Disease Awareness Month”; Sponsor: Pascrell, Bill [Rep.-D-NJ-9]; Committees: House-Energy and Commerce

H.Res.1260-Expressing support for the designation of the month of May 2024 as “Progressive Supranuclear Palsy Awareness Month”; Sponsor: Wexton, Jennifer [Rep.-D-VA-10]; Committees: House-Energy and Commerce

H.Con.Res.109-Expressing the sense of the Congress that assisted suicide (sometimes referred to using other terms) puts everyone, including those most vulnerable, at risk of deadly harm; Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Energy and Commerce

H.J.Res.160-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Health and Human Services relating to “Nondiscrimination in Health Programs and Activities”; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House-Energy and Commerce

H.R.8520-To amend the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to implement the Climate Ready Tribes Initiative; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Energy and Commerce

H.R.8529-To authorize assistance to train and retain obstetrician-gynecologists and sub-specialists in urogynecology and to help improve the quality of care to meet the health care needs of women in least developed countries, and for other purposes; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Foreign Affairs

H.R.8532-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: Frankel, Lois [Rep.-D-FL-22]; Committees: House-Energy and Commerce

H.R.8542-To award a Congressional Gold Medal to Dr. Joseph B. Kirsner, in recognition of his service to the United States during World War II and his contributions to the medical field, particularly gastroenterology; Sponsor: Mast, Brian J. [Rep.-R-FL-21]; Committees: House-Financial Services

H.R.8543-To amend the Social Security Act and the Public Health Service Act to permanently authorize certified community behavioral health clinics, and for other purposes; Sponsor: Matsui, Doris O. [Rep.-D-CA-7]; Committees: House-Energy and Commerce; Ways and Means

H.R.8561-To amend title XVIII of the Social Security Act to address significant under projection of MA local area growth due to wage index reclassification; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House-Ways and Means; Energy and Commerce

H.R.8562-To amend title 38, United States Code, to improve the provision of direct housing loans and medical care from the Department of Veterans Affairs for Native Hawaiians; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House-Veterans’ Affairs

H.R.8563-To amend title XVIII of the Social Security Act to establish a floor on the work geographic index for physicians’ services furnished in Hawaii; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House-Energy and Commerce; Ways and Means

H.R.8564-To require certain elements of the intelligence community to submit to the congressional intelligence committees a report with respect to biotechnology threats, and for other purposes; Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Intelligence (Permanent Select)

H.R.8565-To advance research, promote awareness, and provide patient support with respect to endometriosis, and for other purposes; Sponsor: Williams, Nikema [Rep.-D-GA-5]; Committees: House-Energy and Commerce

House Appropriators Release Preliminary Top-Line Spending Amounts-House Appropriations Committee Chair Tom Cole (R-OK) released interim subcommittee allocations for fiscal year 2025 spending bills last week. The top-line funding amounts known as 302(b) allocations are in keeping with the spending caps set by the Fiscal Responsibility Act of 2023, last year’s debt-limit agreement. The caps on spending would cut nondefense programs by 6% while increasing defense spending by 1%. The cuts would not be spread evenly across the bills, with the Labor-Health and Human Services-Education appropriations bill, which funds the National Institutes of Health and other federal health-related programs, facing a more significant cut of 10-11%. House appropriators are scheduled to meet this week to vote on the top-line spending levels. The Labor-Health and Human Services-Education Subcommittee is expected to mark up its bill on June 27, with a full committee markup set for July 10.

E&C Subcommittee Advances 21 Health Care Bills-The House Energy and Commerce Subcommittee on Health marked up a slate of health care proposals last week, including legislation to extend for two years Medicare patient access to pandemic-era telehealth flexibilities that are set to expire in December. The Telehealth Modernization Act of 2024 (H.R.7623) was unanimously advanced to the full committee for consideration. The twenty other bills agreed to by the subcommittee include:

• R.3227-Ensuring Seniors’ Access to Quality Care Act, forwarded by a vote of 13-12.
• R.468-Building America’s Health Care Workforce Act, forwarded by a vote of 14-8.
• R.3433-Give Kids a Chance Act, forwarded by a vote of 16-11. The latest version of the bill was updated to include the Creating Hope Reauthorization Act of 2024 (H.R.7384) and the RARE Act (H.R.7383).
• R.7188-Shandra Eisenga Human Cell and Tissue Product Safety Act, forwarded by a vote of 27-9.
• R.6020-Honor Our Living Donors Act, forwarded by a vote of 24-0.
• R.455-to amend the Controlled Substances Act to fix a technical error in the definitions, forwarded by a vote of 24-0.
• R.7213-Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2024, forwarded by a vote of 22-0.
• R.4534-Women and Lung Cancer Research and Preventive Services Act of 2023, forwarded by a vote of 21-0.
• R.670-Think Differently Database Act, forwarded by a vote of 20-0.
• R.8084-LIVE Beneficiaries Act, forwarded by a vote of 18-0.
• R.7858-Telehealth Enhancement for Mental Health Act of 2024, forwarded by a vote of 22-0.
• R.8111-Medicaid Program Improvement Act, forwarded by a vote of 22-0.
• R.8089-Medicare and Medicaid Fraud Prevention Act of 2024, forwarded by a vote of 22-0.
• R.8112-to amend title XIX of the Social Security Act to further require certain additional provider screening under the Medicaid program, forwarded by a vote of 23-0.
• R. 6033-Supporting Patient Education And Knowledge (SPEAK) Act of 2023, forwarded by a vote of 23-0.
• R.1406-Sustainable Cardiopulmonary Rehabilitation Services in the Home Act, forwarded by voice vote.
• R.7856-PREVENT DIABETES Act, forwarded by voice vote.
• R.5394-Expanding Remote Monitoring Access Act, forwarded by voice vote.
• R.1199-Facilitating Innovative Nuclear Diagnostics Act of 2023, forwarded by voice vote.
• R.4758-Accelerating Kids’ Access to Care Act, forwarded by voice vote.

House BIOSECURE Bill Advances Out of Committee-The House Oversight and Accountability Committee advanced the BIOSECURE Act (H.R.8333) with overwhelming bipartisan support last week. The legislation would prohibit Chinese 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. The Senate version of the bill (S.3558) was advanced out of the Homeland Security and Governmental Affairs Committee earlier this year. House Oversight Chairman James Comer (R-KY) stated that he expects a floor vote on the bill in the next 30 days, while Senate Homeland Security Chairman Gary Peters (D-MI) has discussed the possibility of attaching the legislation to the annual must-pass National Defense Authorization Act.

FAA Reauthorization Includes Possible Change to Organ Transportation Policy and Updates to In-Flight Emergency Medical Kits-President Joe Biden has signed into law a five-year reauthorization of the Federal Aviation Administration (FAA) following House passage of the FAA legislation last week. The bill includes a provision to create a working group to identify best practices for the transportation of organs via the nation’s commercial airline system. The working group would include air carrier and organ transplant provider representatives and will consider whether organs could once again travel in the main cabin of an airplane. Organs have traveled in the cargo hold of planes since September 11, when security protocols changed to no longer permit individuals to accompany an organ through security without an airplane ticket. The Act also requires the FAA to promulgate a rulemaking related to aircraft first aid and emergency medical kit equipment and training to consider whether the current requirements for minimum contents of emergency medical kits include appropriate medications to address certain emergency medical needs such as anaphylaxis.

Finance Leaders Release White Paper on Physician Payment Reform-Senate Finance Committee Chairman Ron Wyden (D-OR) and Ranking Member Mike Crapo (R-ID) released a white paper last week outlining potential polices to reform the physician payment system and improve care of Medicare beneficiaries will chronic illness. The lawmakers focus mainly on issues related to Medicare Part B clinician payment policy, alternative payment models, and telehealth. The following areas of interest are highlighted as possible opportunities for reform:

• Creating sustainable payment updates to ensure clinicians can own and operate their practices;
• Incentivizing alternative payment models that reward providing better care at a lower cost;
• Rethinking how Medicare measures quality care;
• Improving primary care;
• Supporting chronic care benefits in Medicare fee-for-service; and
• Ensuring continued access to telehealth.

The paper specifies that the committee will continue to conduct outreach to stakeholders and experts in an effort that will “ideally culminate in bipartisan legislation.”

Bipartisan Senate Workgroup Releases AI Roadmap-The Bipartisan Senate AI Working Group released its-roadmap-for artificial intelligence (AI) policy last week. The 30-page document outlines an AI priorities framework for policymakers to consider during the remainder of the 118^th Congress and beyond, and it summarizes the findings from stakeholder meetings and the all-senator AI Insight Forums which have taken place since the working group first convened nearly a year ago. The working group, comprised of Majority Leader Charles Schumer (D-NY), Sen. Mike Rounds (R-SD), Sen. Martin Heinrich (D-NM), and Sen. Todd Young (R-IN), touches on a number of policies of relevance to the health care sector, recommending a risk-based approach to AI regulation, the need for appropriate guardrails and safety measures in the health care space, funding for cross-government R&D that includes the National Institutes of Health, and standards setting for AI user and developer liability. Majority Leader Schumer intends to meet with House Speaker Mike Johnson (R-LA) in the coming weeks to discuss a path forward for AI legislation.

Sanders’ Releases Report on ‘How Weight Loss Drugs Could Bankrupt American Health Care’-Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman Bernie Sanders (I-VT) has released a report examining the price of new weight loss drugs like Novo Nordisk’s Ozempic and Wegovy. The report finds that if half of all Medicare and Medicaid patients who are obese took Wegovy and other weight loss drugs, the cost to the Medicare and Medicaid programs could total $166 billion per year-nearly the same cost as spending on all retail prescription drugs in 2022. Sanders warns that the high prices of these drugs could result in a historic increase in premiums for Medicare and commercial health insurance. “Pricing drugs based on their value cannot serve as a blank check, or the sole determinant for how we understand what to pay for essential goods,” the report argues.

Cassidy Releases White Paper on Modernizing NIH-Senate HELP Committee Ranking Member Bill Cassidy (R-LA) has released a white paper exploring how to modernize the National Institutes of Health (NIH), ensure transparency in NIH operations, and maintain American biomedical leadership. The white paper follows Cassidy’s September 2023 request for information on reforming the NIH and makes recommendations for maximizing the effectiveness of current NIH funding and restoring public trust in science. “While we now have more opportunities to advance the health and wellbeing of the American people through biomedical innovation, the risks of failure-whether by failing to harness research opportunities, the erosion of the domestic biomedical research workforce, the proliferation of low-quality research, or poor oversight that threatens public trust in science-are greater than ever before,” Cassidy writes. “I look forward to working with all interested stakeholders and my colleagues on the HELP Committee to harness this opportunity to strengthen NIH for the next generation of Americans.”

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

Senate Judiciary Committee hearing “Ensuring Affordable & Accessible Medications: Examining Competition in the Prescription Drug Market;” 10:00 a.m.; May 21

Senate Health, Education, Labor, and Pensions Subcommittee on Primary Health and Retirement Security hearing “Feeding a Healthier America: Current Efforts and Potential Opportunities for Food is Medicine;” 2:30 p.m.; May 21

House Energy and Commerce Subcommittee on Health hearing “Check Up: Examining FDA Regulation of Drugs, Biologics, and Devices;” 10:30 a.m.; May 22

House Select Subcommittee on the Coronavirus Pandemic hearing with the National Institute of Allergy and Infectious Diseases Senior Scientific Advisor, Dr. David Morens; 2:00 p.m.; May 22

House Ways and Means Subcommittee on Health hearing “The Collapse of Private Practice: Examining the Challenges Facing Independent Medicine;” 9:00 a.m.; May 23

Senate Specialty Committee on Aging hearing “The Older Americans Act: The Local Impact of the Law and the Upcoming Reauthorization;” 9:30 a.m.; May 23

Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies hearing “A Review of the President’s Fiscal Year 2025 Budget Request for the National Institutes of Health;” 10:00 a.m.; May 23

Senate Finance Committee hearing “Front Lines of the Fentanyl Crisis: Supporting Communities and Combating Addition through Prevention and Treatment;” 10:00 a.m.; May 23

House Budget Committee hearing “Breaking Up Health Care Monopolies: Examining the Budgetary Effects of Health Care Consolidation;” 10:00 a.m.; May 23

Senate Health, Education, Labor, and Pensions Committee executive session to consider seven health care related bills, including the Dr. Lorna Breen Health Care Provider Protection Reauthorization Act (S. 3679), Lifespan Respite Care Reauthorization Act (S. 4325), and Congenital Heart Futures Reauthorization Act (S. 3757); 10:00 a.m.; May 23

Recently Introduced Health Legislation

H.R.8364-To amend chapter 44 of title 18, United States Code, to update certain procedures applicable to commerce in firearms and remove certain Federal restrictions on interstate firearms transactions. Sponsor: Scalise, Steve [Rep.-R-LA-1]; Committees: House-Judiciary

H.R.8360-To amend the Federal Food, Drug, and Cosmetic Act to deem any sunscreen or cosmetic containing parabens to be adulterated. Sponsor: Luna, Anna Paulina [Rep.-R-FL-13]; Committees: House-Energy and Commerce

H.R.8354-To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes. Sponsor: Jackson, Jonathan L. [Rep.-D-IL-1]; Committees: House-Judiciary

H.R.8348-To establish in the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security a task force on artificial intelligence, and for other purposes. Sponsor: Carter, Troy A. [Rep.-D-LA-2]; Committees: House-Homeland Security

H.R.8347-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.8346-To assist survivors of stroke and other debilitating health occurrences in returning to work. Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House-Education and the Workforce

H.R.8333-To prohibit contracting with certain biotechnology providers, and for other purposes. Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Oversight and Accountability; Intelligence

H.J.Res.139-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Medicare and Medicaid Programs: Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting”. Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House-Energy and Commerce; Ways and Means

H.Res.1217-Supporting the designation of May 10, 2024, as “National Asian American, Native Hawaiian, and Pacific Islander Mental Health Day”. Sponsor: Chu, Judy [Rep.-D-CA-28]; Committees: House-Energy and Commerce

H.Res.1216-Expressing support for the goals and ideals of National Stroke Awareness Month. Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House-Energy and Commerce

S.Res.684-A resolution supporting the role of the United States in helping save the lives of children and protecting the health of people in low-income countries with vaccines and immunization through Gavi, the Vaccine Alliance (“Gavi”); Sponsor: Wicker, Roger F. [Sen.-R-MS]; Committees: Senate-Foreign Relations

S.4322-A bill to amend title XVIII of the Social Security Act to make improvements relating to the designation of rural emergency hospitals; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate-Finance

S.4325-A bill to amend the Public Health Service Act to reauthorize the program relating to lifespan respite care, and for other purposes; Sponsor: Collins, Susan M. [Sen.-R-ME]; Committees: Senate-Health, Education, Labor, and Pensions

S.4330-A bill to amend Title XVIII of the Social Security Act to create a Radiation Oncology Case Rate Value Based Payment Program exempt from budget neutrality adjustment requirements, and to amend section 1128A of title XI of the Social Security Act to create a new statutory exception for the provision of free or discounted transportation for radiation oncology patients to receive radiation therapy services; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate-Finance

S.4331-A bill to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group health plans and health insurance issuers offering group or individual health insurance that provide coverage for mental health services and substance use disorder services provide such services without the imposition of cost-sharing from the diagnosis of pregnancy through the 1-year period following such pregnancy, and for other purposes; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Health, Education, Labor, and Pensions

H.R.8375-To require the Secretary of Health and Human Services to issue guidance to States on strategies under Medicaid and CHIP to increase pediatric mental and behavioral health provider education, training, recruitment, retention, and support, and for other purposes; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

H.R.8376-To amend the Public Health Service Act to provide for a national awareness and outreach campaign to improve mental health among the Hispanic and Latino youth population; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

H.R.8377-To amend the Advancing Research to Prevent Suicide Act to expand the areas of focus regarding childhood suicide, and for other purposes; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Science, Space, and Technology

H.R.8380-To criminalize fraudulent statements made with respect to clinical vaccine trials; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Energy and Commerce; Judiciary

H.R.8383-To improve obstetric emergency care; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House-Energy and Commerce

H.R.8390-To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group health plans and health insurance issuers offering group or individual health insurance that provide coverage for mental health services and substance use disorder services provide such services without the imposition of cost-sharing from the diagnosis of pregnancy through the 1-year period following such pregnancy, and for other purposes; Sponsor: Moore, Gwen [Rep.-D-WI-4]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means; Oversight and Accountability

H.R.8397-To provide funding to the Bureau of Prisons, States, and localities to carry out mental health screenings and provide referrals to mental healthcare providers for individuals in prison or jail; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Judiciary

H.R.8400-To amend the Public Health Service Act to improve children’s vision and eye health through grants to States, territories, and Tribal organizations, and the provision of technical assistance to support those efforts; Sponsor: Veasey, Marc A. [Rep.-D-TX-33]; Committees: House-Energy and Commerce

S.Res.689-A resolution supporting the goals and ideals of National Hospital Week, to be observed from May 12 through May 18, 2024; 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.691-A resolution expressing support for the designation of May 17, 2024, as “DIPG Pediatric Brain Cancer Awareness Day” to raise awareness of, and encourage research on, diffuse intrinsic pontine glioma tumors and pediatric cancers in general; Sponsor: Rubio, Marco [Sen.-R-FL]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.Res.692-A resolution supporting the mission and goals of National Fentanyl Awareness Day in 2024, including increasing individual and public awareness of the impact of fake or counterfeit fentanyl pills on families and young people; Sponsor: Grassley, Chuck [Sen.-R-IA]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.J.Res.82-A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Drug Administration relating to “Medical Devices; Laboratory Developed Tests”; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate-Health, Education, Labor, and Pensions

S.4338-A bill to provide for the establishment of hybrid primary care payments under the Medicare program, and for other purposes; Sponsor: Whitehouse, Sheldon [Sen.-D-RI]; Committees: Senate-Finance

S.4349-A bill to require private health plans to provide for secure electronic transmission of prior authorization requests for prescription drugs; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Health, Education, Labor, and Pensions

S.4350-A bill to amend title XVIII of the Social Security Act to extend acute hospital care at home waiver flexibilities; Sponsor: Carper, Thomas R. [Sen.-D-DE]; Committees: Senate-Finance

S.4351-A bill to amend the Public Health Service Act to reauthorize certain poison control programs; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate-Health, Education, Labor, and Pensions

H.R.8404-To amend Title XVIII of the Social Security Act to create a Radiation Oncology Case Rate Value Based Payment Program exempt from budget neutrality adjustment requirements, and to amend section 1128A of title XI of the Social Security Act to create a new statutory exception for the provision of free or discounted transportation for radiation oncology patients to receive radiation therapy services; Sponsor: Fitzpatrick, Brian K. [Rep.-R-PA-1]; Committees: House-Energy and Commerce; Ways and Means

H.R.8412-To modernize clinical trials and remove barriers for participation in clinical trials, and for other purposes; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Energy and Commerce; Ways and Means

H.R.8415-To require the Inspector General of the Department of Health and Human Services to evaluate the cybersecurity practices and protocols of the Department, and for other purposes; Sponsor: Steel, Michelle [Rep.-R-CA-45]; Committees: House-Energy and Commerce

S.4357-A bill to improve access to oral health care for vulnerable and underserved populations; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

S.4358-A bill to amend the Public Health Service Act to require the Secretary to establish a grant program under the Substance Abuse and Mental Health Services Administration to address substance use disorders among older adults, and for other purposes; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

H.Res.1232-Expressing support for the goals and ideals of “National Hypertension Awareness Month”; Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House-Energy and Commerce

H.Res.1237-Recognizing “Necrotizing Enterocolitis Awareness Day”; Sponsor: Thompson, Mike [Rep.-D-CA-4]; Committees: House-Energy and Commerce

H.J.Res.145-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Drug Administration relating to “Medical Devices; Laboratory Developed Tests”; Sponsor: Finstad, Brad [Rep.-R-MN-1]; Committees: House-Energy and Commerce

H.J.Res.146-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program”; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House-Energy and Commerce; Ways and Means

H.R.8418-To direct the Secretary of Veterans Affairs to update the Lethal Means Safety and Suicide Prevention training course of the Department of Veterans Affairs, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Veterans’ Affairs

H.R.8422-To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish programs for the provision of mental health services to individuals affected by a major disaster, and for other purposes; Sponsor: Balint, Becca [Rep.-D-VT-At Large]; Committees: House-Transportation and Infrastructure; Homeland Security

H.R.8433-To amend the Public Health Service Act to require the National Institutes of Health to select awardees based on merit, and for other purposes; Sponsor: Hageman, Harriet M. [Rep.-R-WY-At Large]; Committees: House-Energy and Commerce

Greene, Massie to Trigger Motion to Vacate Vote-Reps. Marjorie Taylor Greene (R-Ga.) and Thomas Massie (R-Ky.) announced plans to force a vote this week on Greene’s motion to vacate in an attempt to oust Mike Johnson (R-La.) as Speaker of the House. Their decision follows Johnson’s work with Democrats to fund the federal government and pass $95 billion in foreign aid. House Democratic leadership have pledged to join with Johnson’s GOP backers to table the motion.

House Passes Congressional Budget Office Data Sharing Act-The House of Representatives passed legislation last week that will speed the rate at which data is shared between federal agencies, including the U.S. Department of Health and Human Services, and the Congressional Budget Office (CBO). H.R. 7032, the bipartisan Congressional Budget Office Data Sharing Act, passed by voice vote. The bill clarifies and expands the CBO Director’s authority to request and receive data from executive branch agencies, and would require CBO to maintain the same level of confidentiality protections as the agency providing the data.

Senate Passes Minority Health Resolution, Considers Health Professional Shortages-Last week, the Senate passed S. Res. 675, a resolution promoting minority health awareness and supporting the goals and ideals of National Minority Health Month, including bringing attention to the health disparities faced by minority populations of the United States. The bipartisan resolution was sponsored by Sen. Ben Cardin (D-Md.) and cosponsored by seven other members of the Senate. The resolution was passed the same day the Senate Health, Education, Labor, and Pensions Committee convened a hearing about the shortage of minority health care workers and the nation’s high maternal mortality rate. During the hearing, Chairman Bernie Sanders (I-Vt.) argued in favor of canceling student debt and making public colleges and universities tuition free in order to address health workforce shortages. He also urged the expansion of programs like the National Health Service Corp as well as the size of Historically Black Colleges and Universities. Witnesses spoke to the importance of access to health care providers that reflect the racial and ethnic background of the patient population for improving health outcomes.

Senate Finance Leaders Release Proposal Aimed at Drug Shortages-Bipartisan leadership of the Senate Finance Committee have released a draft legislative proposal to address prescription drug shortages and stabilize the supply of generic medications. The Committee is accepting comments on the proposal at [email protected] through June 6, 2024.The draft from Chairman Ron Wyden (D-Ore.) and Ranking Member Mike Crapo (R-Idaho) would establish a new program in Medicare for hospitals and physicians to incentivize transparent, reliable, and resilient purchasing practices across supply-chain participants, including by driving health care providers, intermediaries, and drug manufacturers to meet standards in securing a sustainable, high-quality supply of essential medicines for all patients. Requirements for program participants include:

• Minimum three-year contracts with manufacturers for generic drugs that present high shortage risks;
• Meaningful purchase volume commitments and stable pricing;
• Requirements for contingency contracts with alternate manufacturers to strengthen competition and prevent shortages from supply-chain disruptions;
• Prohibitions against anticompetitive practices; and
• Transparency around manufacturer quality control issues.

The proposal would also change the Medicaid Drug Rebate Program to enable reductions or waivers of the inflation rebate for certain generic drugs in the event of shortage risk.

Ways and Means Expected to Markup Telehealth Legislation-The House Ways and Means Committee is expected to mark up a two-year extension of the Medicare telehealth flexibilities first instituted in response to the COVID-19 pandemic. It remains unclear what temporary extension legislation the committee will vote on. Both the CONNECT for Health Act (H.R. 4189), introduced by Ways and Means member Mike Thompson (D-Calif.), and the Telehealth Modernization Act (H.R. 7623), introduced by Rep. Buddy Carter (R-Ga.), would make the pandemic-era rules permanent. Despite significant support from advocates and many lawmakers for making the telehealth regulations permanent, concerns remain about the high Congressional Budget Office score of such policy.

Klobuchar Requests Investigation into Health Data Analytics Firm-Sen. Amy Klobuchar (D-Minn.) is asking the Federal Trade Commission and the Department of Justice to investigate potentially anticompetitive behavior by MultiPlan, a health care data analytics firm. Recent reports have revealed MultiPlan’s role in helping health insurers determine medical payments for out-of-network claims and raised questions about possible price fixing. “While it is common for patients to pay different rates for out-of-network care, I am concerned that-rather than competing for business from employers by reducing these costs to employees-algorithmic tools are processing data gathered across numerous competitors to subvert competition among insurance companies,” Klobuchar writes. “The result is that instead of competing with each other, insurance companies are pushing additional hidden costs onto employees and patients.” Sen. Klobuchar introduced legislation earlier this year, the Preventing Algorithmic Collusion Act (S. 3686), which would prohibit the use of pricing algorithms that can facilitate collusion through the use of nonpublic competitor data.

United CEO Testifies on Change Healthcare Cyberattack-UnitedHealth Group’s CEO Andrew Witty testified before both the Senate Finance Committee and the Energy and Commerce Subcommittee on Oversight and Investigations last Wednesday to discuss the February Change Healthcare cyberattack and United’s response to the attack. Lawmakers questioned Witty about how the attack occurred, the number of Americans impacted by the resulting data breach, and the lessons learned in coordinating with federal agencies following the attack. The Change server infiltrated by the hackers was not protected by multifactor authentication, and the criminals accessed data potentially covering one-third of all Americans. Some lawmakers used the opportunity to argue against consolidation in the health care market, while others spoke in favor of minimum cybersecurity and data standards for the industry. Finance Chairman Ron Wyden (D-Ore.) stated that his panel is currently drafting legislation that would require larger health care companies to meet stronger cybersecurity standards, noting that his committee also has jurisdiction over issues impacting the Health Insurance Portability and Accountability Act (HIPAA).

Several days prior to Witty’s appearance before lawmakers, Sens. Elizabeth Warren (D-Mass.), Bill Cassidy (R-La.), and Richard Blumenthal (D-Conn.) sent a letterto the Cybersecurity and Infrastructure Security Agency (CISA) urging the agency to assess the cybersecurity landscape leading up to, and after, the Change attack. The lawmakers also requested details about CISA’s role in responding to the Change data breach, the broader risks posed by ransomware, and current efforts to combat it. Meanwhile, a group of congressional Democrats are also asking the Securities and Exchange Commission (SEC) to investigate the timing of stock sales by United’s chair and three executives. The sales in question occurred between October, when the company learned of an antitrust investigation, and February, when the antitrust probe was made public. The lawmakers ask SEC to review whether the antitrust investigation was material to investors and, if so, whether disclosures were sufficient.

Cassidy Urges White House to Detail Avian Flu Research Priorities-Senate Health, Education, Labor, and Pensions Committee Ranking Member Bill Cassidy, MD (R-La.) has sent a letterto the White House urging the Biden administration to issue a plan detailing its research priorities related to the H5N1 influenza (Avian Flu) outbreak. Cassidy highlights the importance of coordination across federal agencies, transparent communication about the spread and behavior of the virus, and the risks of jeopardizing public trust in the nation’s agriculture and food sectors. He calls on the President “to swiftly publish a prioritized list of research activities, including target timelines for generating results and communicating findings to the public” and to “make all relevant data and methodologies available to nonfederal scientists in an appropriate manner for validation.”

FDA Releases Final LDT Rule-The Food and Drug Administration (FDA) has finalized a rule to regulate laboratory-developed tests (LDTs) as medical devices. The regulation, which is aimed at ensuring the accuracy and reliability of LDTs, will be phased in over a four-year period. Lawmakers in Congress, including House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.), had previously called on the agency to rescind the proposed rule due to concerns about its impact on patient access to innovative diagnostics. “While the final rule is a slight improvement to the proposed rule, it will still increase costs and decrease access to diagnostics and medical tests that provide information crucial for doctors to treat their patients effectively…Moreover, finalizing this rule is inconsistent with President Biden’s goal of reducing cancer deaths. The FDA should abandon the rule, as it lacks the clear statutory authority to implement it,” Chair Rogers stated.

FSMB Adopts Guidance on Clinical Use of AI-The Federation of State Medical Boards (FSMB) has released a new report on Navigating the Responsible and Ethical Incorporation of Artificial Intelligence into Clinical Practice. The guidance suggests that physicians are ultimately responsible for their use of AI and should be held accountable for any harms that occur because of its use. FSMB discusses best practices for regulating the clinical use of AI, and recommends that state medical boards set accountability measures based on a tool’s risk to patients. “With focused efforts on the current and future state of the use of AI by licensees, state medical boards may sustain regulatory efficiency, achieve consistency across jurisdictions in the regulation of AI in clinical practice, help secure the benefits of AI, and proactively safeguard patients while upholding professional standards,” the report states.

Congressional Retirements and Resignations-New York state senator Timothy Kennedy (D) won the special election for New York’s 26^th congressional district last week. Kennedy will fill the seat vacated by former Rep. Brian Higgins (D), who resigned in February. Democrats now control 213 seats in the House of Representatives to Republicans’ 217 seats, with five vacancies remaining.

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

Upcoming Congressional Hearings and Markups

House Committee on Small Business hearing “Stifling Innovation: Examining the Impacts of Regulatory Burdens on Small Businesses in Healthcare;” 10:00 a.m.; May 8

Senate Budget Committee hearing “Reducing Paperwork, Cutting Costs: Alleviating Administrative Burdens in Health Care;” 10:00 a.m.; May 8

Senate Appropriations Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Subcommittee hearing “A Review of the President’s Fiscal Year 2025 Budget Request for the Food and Drug Administration;” 10:00 a.m.; May 8

Senate Health, Education, Labor, and Pensions Committee hearing “Feeding a Healthier America: Current Efforts and Potential Opportunities for Food is Medicine;” 2:30 p.m.; May 21

Recently Introduced Health Legislation

H.R.8128-To require health insurance coverage for scalp cooling items; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Energy and Commerce; Ways and Means; Education and the Workforce; Armed Services; Veterans’ Affairs; Oversight and Accountability

H.R.8134-To promote the leadership of the United States in global innovation by establishing a robust patent system that restores and protects the right of inventors to own and enforce private property rights in inventions and discoveries, and for other purposes; Sponsor: Massie, Thomas [Rep.-R-KY-4]; Committees: House-Judiciary

H.R.8137-To provide for an exception to the restrictions described in the Assisted Suicide Funding Restriction Act of 1997 with respect to certain States; Sponsor: Pettersen, Brittany [Rep.-D-CO-7]; Committees: House-Energy and Commerce; Ways and Means; Judiciary; Education and the Workforce; Oversight and Accountability; Natural Resources; Foreign Affairs

H.R.8144-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.8154-To amend title XVIII of the Social Security Act to extend telehealth services for federally qualified health centers and rural health clinics; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Energy and Commerce; Ways and Means

S.4204-A bill to amend title XIX of the Social Security Act to codify value-based purchasing arrangements under the Medicaid program and reforms related to price reporting under such arrangements, and for other purposes; Sponsor: Mullin, Markwayne [Sen.-R-OK]; Committees: Senate-Finance

S.4215-A bill to amend the Federal Food, Drug, and Cosmetic Act to establish new prohibited acts relating to dietary supplements; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

H.Res.1180-Recognizing the importance of diversity, equity, and inclusion efforts in medical education; Sponsor: Beatty, Joyce [Rep.-D-OH-3]; Committees: House-Energy and Commerce

H.Res.1181-Expressing support for designation of April as “National Donate Life Month” and expressing gratitude to all Americans who have registered to be organ and tissue donors; Sponsor: Costa, Jim [Rep.-D-CA-21]; Committees: House-Energy and Commerce

H.Res.1185-Designating the month of May as “National First Responder Month”; Sponsor: Newhouse, Dan [Rep.-R-WA-4]; Committees: House-Transportation and Infrastructure

H.R.8165-To amend title 38, United States Code, to establish qualifications for the appointment of a person as a marriage and family therapist, qualified to provide clinical supervision, in the Veterans Health Administration; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House-Veterans’ Affairs

H.R.8167-To require the Secretary of Defense to award grants to fund research on orthotics and prosthetics; Sponsor: Cartwright, Matt [Rep.-D-PA-8]; Committees: House-Armed Services

H.R.8168-To require the Secretary of Veterans Affairs to award grants to establish, or expand upon, master’s degree programs in orthotics and prosthetics, and for other purposes; Sponsor: Cartwright, Matt [Rep.-D-PA-8]; Committees: House-Veterans’ Affairs

S.4223-A bill to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, medication related to contraception, and for other purposes; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

S.4226-A bill to decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Finance

S.4229-A bill to amend title XVIII of the Social Security Act to require that coinsurance for drugs under Medicare part D be based on the drug’s net price and not the drug’s list price; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate-Finance

S.4230-A bill to improve the tracking and processing of security and safety incidents and risks associated with artificial intelligence, and for other purposes; Sponsor: Warner, Mark R. [Sen.-D-VA]; Committees: Senate-Commerce, Science, and Transportation

S.4231-A bill to provide for the establishment of Medicare part E public health plans, and for other purposes; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate-Finance

S.4232-A bill to amend title 18, United States Code, to prohibit former employees of covered health agencies from serving on the board of entities involved in development and research of a drug, biological product, or device and from profiting from a drug, biological product, or device, and for other purposes; Sponsor: Vance, J. D. [Sen.-R-OH]; Committees: Senate-Judiciary

S.4236-A bill to authorize the Director of the National Science Foundation to identify grand challenges and award competitive prizes for artificial intelligence research and development; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Commerce, Science, and Transportation

H.R.8200-To amend title III of 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 to eligible entities to carry out construction or modernization projects designed to strengthen and increase capacity within the specialized pediatric health care infrastructure, and for other purposes; Sponsor: Cardenas, Tony [Rep.-D-CA-29]; Committees: House-Energy and Commerce

H.R.8202-To amend title 38, United States Code, to provide for a presumption of service-connection under the laws administered by the Secretary of Veterans Affairs for certain diseases associated with the COVID-19 vaccine that become manifest during the one-year period following the receipt of the vaccine, and for other purposes; Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House-Veterans’ Affairs; Armed Services

H.R.8207-To provide for the establishment of Medicare part E public health plans, and for other purposes; Sponsor: Gomez, Jimmy [Rep.-D-CA-34]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means

H.R.8211-To amend title 18, United States Code, to prohibit former employees of covered health agencies from serving on the board of entities involved in development and research of a drug, biological product, or device and from profiting from a drug, biological product, or device, and for other purposes; Sponsor: Lesko, Debbie [Rep.-R-AZ-8]; Committees: House-Judiciary

H.R.8217-To amend part B of title XVIII of the Social Security Act to provide for a special enrollment period under Medicare for individuals enrolled in COBRA continuation coverage, and for other purposes; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House-Energy and Commerce; Ways and Means; Education and the Workforce

H.R.8220-To clarify coverage of occupational therapy under the Medicare program; Sponsor: Trone, David J. [Rep.-D-MD-6]; Committees: House-Ways and Means; Energy and Commerce

S.Res.675-A resolution promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2024, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaska Natives, Asian Americans, African Americans, Hispanics, and Native Hawaiians and other Pacific Islanders; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.J.Res.76-A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to “Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage”; Sponsor: Braun, Mike [Sen.-R-IN]; Committees: Senate-Health, Education, Labor, and Pensions

S.4238-A bill to amend title III of 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 to eligible entities to carry out construction or modernization projects designed to strengthen and increase capacity within the specialized pediatric health care infrastructure, and for other purposes; Sponsor: Padilla, Alex [Sen.-D-CA]; Committees: Senate-Health, Education, Labor, and Pensions

S.4246-A bill to improve menopause care and mid-life women’s health, and for other purposes; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate-Health, Education, Labor, and Pensions

H.R.8223-To improve menopause care and mid-life women’s health, and for other purposes; Sponsor: Blunt Rochester, Lisa [Rep.-D-DE-At Large]; Committees: House-Energy and Commerce

H.R.8227-To amend title XVIII of the Social Security Act to remove in-person requirements under Medicare for mental health services furnished through telehealth and telecommunications technology; Sponsor: Hern, Kevin [Rep.-R-OK-1]; Committees: House-Energy and Commerce; Ways and Means

H.R.8235-To amend title XVIII of the Social Security Act to modify the distribution of certain additional graduate medical education positions under the Medicare program; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Ways and Means; Energy and Commerce

Budget Leadership Requests GAO Review of CMMI–House Budget Committee Chairman Jodey Arrington (R-Texas) and Budget Committee Health Care Task Force Chair Michael Burgess (R-Texas) are requesting that the Government Accountability Office (GAO) investigate the effectiveness of the Center for Medicare and Medicaid Innovation (CMMI). Arrington and Burgess argue that CMMI has failed to deliver on its mandate to test new payment models that address health care costs and quality. CMMI spending is set to increase by $1.3 billion by 2030, while only six of the more than 50 models it has tested have resulted in statistically significant savings. “We must conduct budgetary oversight of mandatory health care programs such as CMMI that are adding to our national debt and not delivering for taxpayers or patients,” Arrington and Burgess stated. The lawmakers ask GAO to review the agency’s dedicated funding and performance and to evaluate which of the payment models tested by CMMI have saved money or increased spending.

Sanders Opens Investigation into Weight-Loss Drug Pricing–Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman Bernie Sanders (I-Vt.) is opening a new investigation into the price of weight-loss drugs Ozempic and Wegovy. The products currently sell for approximately $1,000 a month. “The unjustifiably high prices of Ozempic and Wegovy are already straining the budgets of Medicare and Medicaid and severely limiting access for patients who need these drugs,” the HELP Chairman argued. Sanders sent a letter to Novo Nordisk’s CEO requesting that the drug company substantially reduce the list price and the net price of both Ozempic and Wegovy, and provide detailed information regarding the pricing, cost, and sale of each product. “The scientists at Novo Nordisk deserve great credit for developing these drugs that have the potential to be a game changer for millions of Americans struggling with type 2 diabetes and obesity. As important as these drugs are, they will not do any good for the millions of patients who cannot afford them,” Sanders wrote.

Cole Announces Appropriations Deadline and Updates to Earmarking Process–House Appropriations Committee Chairman Tom Cole (R-Okla.) announced a change to the congressional earmarking process for fiscal year (FY) 2025 last week. The new policy will restrict the House of Representatives from earmarking funds for nonprofits, including health care facilities, under the latest Transportation-Housing and Urban Development appropriations bill. House Republicans had previously banned earmarks under Defense, Financial Services, and Labor-Health and Human Services-Education appropriations ahead of FY 2024 spending bills. Cole also announced a deadline of May 3, 2024, for members to submit their earmark requests.

NJ Rep. Donald Payne Dies Following Heart Attack–Six-term Congressman Donald Payne Jr. (D-N.J.) died last week at the age of 65. Payne had been hospitalized since suffering a cardiac episode related to complications from diabetes earlier this month. Payne succeeded his father, New Jersey’s first-ever Black representative in Congress, in representing the state’s 10^th congressional district. During his time in the House of Representatives he sponsored legislation to promote screening for colorectal cancer and peripheral arterial disease. He was a member of the Homeland Security and Transportation and Infrastructure committees. House leadership announced that votes are no longer expected May 2 to accommodate his funeral service. Payne’s death leaves the House with a 217-212 Republican-Democratic split, with six vacancies.

WHO Finds Widespread Overuse of Antibiotics During COVID Pandemic–The World Health Organization (WHO) released new findings last week revealing extensive, world-wide overuse of antibiotics during the COVID-19 pandemic. While only 8% of hospitalized patients with COVID-19 had bacterial co-infections requiring antibiotics, 75% of patients were treated with antibiotics just in case they help. Antibiotic use ranged from 33% in the Western Pacific Region to 83% in the Eastern Mediterranean and the African Regions. “These findings underscore the important need to adequately resource the efforts to improve antibiotic prescribing globally, and are particularly relevant to discuss ahead of the upcoming UN General Assembly High-Level Meeting on Antimicrobial Resistance (AMR) to take place this September,” stated Dr. Yukiko Nakatani, WHO Assistant Director-General for AMR.

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 “Legislative Proposals to Increase Medicaid Access and Improve Program Integrity;” 10:00 a.m.; April 30

House Appropriations Subcommittee on Labor, Health and Human Services, and Education Member Day Hearing; 10:30 a.m.; April 30

Senate Armed Services Subcommittee on Personnel hearing to examine the Department of Defense’s efforts to ensure servicemembers’ access to safe, high-quality pharmaceuticals; the witness list can be found here; 2:30 p.m.; April 30

Senate Finance Committee hearing “Hacking America’s Health Care: Assessing the Change Healthcare Cyber Attack and What’s Next;” the witness list can be found here; 9:00 a.m.; May 1

House Energy and Commerce Subcommittee on Oversight and Investigation and Subcommittee on Health hearing to discuss gain-of-function research with EcoHealth Alliance President Dr. Peter Daszak; 10:00 a.m.; May 1

House Energy and Commerce Subcommittee on Oversight and Investigations hearing to discuss the Change Healthcare Cyberattack with Andrew Witty, CEO, UnitedHealth Group Inc.; 2:00 p.m.;

May 1

Senate Health, Education, Labor, and Pensions Committee hearing “What Can Congress Do to Address the Severe Shortage of Minority Health Care Professionals and the Maternal Health Crisis?” 10:00 a.m.; May 2

Recently Introduced Health Legislation

H.R.8084-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: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House-Energy and Commerce

H.R.8089-To amend title XIX of the Social Security Act to require certain additional provider screening under the Medicaid program; Sponsor: Garcia, Mike [Rep.-R-CA-27]; Committees: House-Energy and Commerce

H.R.8094-To amend title XIX of the Social Security Act to modify certain asset recovery rules; Sponsor: Kean, Thomas H. [Rep.-R-NJ-7]; Committees: House-Energy and Commerce

S.Res.661-A resolution designating the week of April 15 through April 21, 2024, as “National Osteopathic Medicine Week”; Sponsor: Manchin, Joe, III [Sen.-D-WV]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.4201-A bill to amend title XVIII of the Social Security Act to modify the criteria for designation of rural emergency hospitals; Sponsor: Hyde-Smith, Cindy [Sen.-R-MS]; Committees: Senate-Finance

H.R.8106-To amend title XIX of the Social Security Act to increase transparency and expand coverage options with respect to home and community-based services under a Medicaid waiver; Sponsor: McMorris Rodgers, Cathy [Rep.-R-WA-5]; Committees: House – Energy and Commerce

H.R.8107-To amend title XIX of the Social Security Act to remove certain age restrictions on Medicaid eligibility for working adults with disabilities; Sponsor: Ciscomani, Juan [Rep.-R-AZ-6]; Committees: House – Energy and Commerce

H.R.8108-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: Kiggans, Jennifer A. [Rep.-R-VA-2]; Committees: House-Energy and Commerce

H.R.8109-To amend the Deficit Reduction Act of 2005 to make permanent the Money Follows the Person rebalancing demonstration; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Energy and Commerce

H.R.8110-To amend title XIX of the Social Security Act to make permanent the State option to extend protection against spousal impoverishment for recipients of home and community-based services under Medicaid; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Energy and Commerce

H.R.8111-To amend title XIX of the Social Security Act to ensure the reliability of address information provided under the Medicaid program; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Energy and Commerce

H.R.8112-To amend title XIX of the Social Security Act to further require certain additional provider screening under the Medicaid program; Sponsor: D’Esposito, Anthony [Rep.-R-NY-4]; Committees: House-Energy and Commerce

H.R.8113-To amend title XIX of the Social Security Act to require reporting on certain directed payments under the Medicaid program; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House-Energy and Commerce

H.R.8114-To prohibit the Secretary of Health and Human Services from finalizing a rule proposed by the Centers for Medicare & Medicaid Services to place certain limitations on Medicaid payments for home or community-based services; Sponsor: Cammack, Kat [Rep.-R-FL-3]; Committees: House-Energy and Commerce

H.R.8115-To amend title XIX of the Social Security Act to allow for the deferral or disallowance of portions of payments for certain managed care violations under Medicaid; Sponsor: Sarbanes, John P. [Rep.-D-MD-3]; Committees: House-Energy and Commerce

H.R.8116-To amend title 28, United States Code, to limit the use of Federal funds for live tissue training for Department of Justice personnel; Sponsor: Dean, Madeleine [Rep.-D-PA-4]; Committees: House-Judiciary

H.R.8123-To amend the Federal Food, Drug, and Cosmetic Act to establish new prohibited acts relating to dietary supplements; Sponsor: Pallone, Frank [Rep.-D-NJ-6]; Committees: House-Energy and Commerce

E&C Schedule Hearing on Change Healthcare Cyberattack-Bipartisan leadership of the House Energy and Commerce Committee sent a letter to UnitedHealth Group, Inc. last week seeking information about the Change Healthcare cyberattack. “The health care system is rapidly consolidating at virtually every level, creating fewer redundancies and more vulnerability to the entire system if an entity with significant market share at any level of the system is compromised,” the committee leaders wrote. “In order to understand better the steps UnitedHealth has taken to address this situation, we request information about the impact of the cyberattack, the actions the company is taking to secure its systems, and the outreach to the health care community in the aftermath.” UnitedHealth’s CEO Andrew Witty will testify before Energy and Commerce’s Oversight and Investigations Subcommittee in a hearing scheduled for May 1 to discuss the cyberattack and how it has impacted patients and providers.

Cassidy Questions FDA Oversight of Clinical Decision Support Software-Senate Health, Education, Labor, and Pensions Committee Ranking Member Bill Cassidy (R-La.) has sent a letter to the Food and Drug Administration (FDA) criticizing the agency’s decision in a September 2022 guidance to classify clinical decision support (CDS) software as a medical device and to subject software developers to the FDA’s regulatory process. Cassidy argues that the move is not aligned with the agency’s statutory authority, highlighting that Congress excluded CDS software from being categorized as a medical device in the 21^st Century Cures Act. He expresses concerns about the implications of increased oversight of CDS on patient access to innovative medical technology, and notes that the FDA made the change without providing stakeholders an opportunity to submit feedback on the potential impacts of the policy. “This guidance unnecessarily calls into question the safety of these tools and expands the universe of entities regulated by FDA, many of which are small provider practices who have developed their own CDS tools…FDA’s guidance not only runs contrary to an explicit congressional directive but may jeopardize access to advanced tools that improve patient care,” the letter argues.

Buchanan Asks MedPAC to Rethink Approach to Digital Health Tools-Rep. Vern Buchanan (R-Fla.), Chair of the Ways and Means Subcommittee on Health, has sent a letter to the Medicare Payment Advisory Commission (MedPAC) encouraging the commission to rethink its approach to evaluating digital health tools and the use of artificial intelligence in the Medicare program. Buchanan expresses concerns that MedPAC’s current approach could punish providers for using, and innovators for developing, digital health tools that improve health outcomes and control costs. Buchanan argues that “for Medicare to meaningfully transition to value-based care, payment policies need to maximize efficiencies in care delivery and enhance patient safety using digital health tools.” The letter highlights the “quadruple aim” of digital health tools, and strongly encourages MedPAC to “incorporate digital health tools into future evaluations of Medicare policy recommendations and, in partnership with all stakeholders impacted by Medicare policy, ensure that its evaluations and recommendations related to digital health are inclusive of each of the quadruple aims.”

Democratic Senators Raise Concerns With Levemir Discontinuation-Sens. Jeanne Shaheen (D-N.H.), Raphael Warnock (D-Ga.), and Elizabeth Warren (D-Mass.) have sent a letter to the President and CEO of Novo Nordisk regarding the company’s recent decision to discontinue production of Levemir, one of three long-acting insulin products on the market. The letter highlights that access to affordable, in-demand biosimilar insulins will be further restricted by the discontinuation and the creation of significant barriers to demonstrating biosimilarity without a reference sample. The lawmakers ask Novo Nordisk about the supply chain constraints and issues related to formulary placement that led to the discontinuation of Levemir, and about how the company plans to ensure patient access to similar long-acting insulin products at similar cost-sharing without gaps in coverage.

GAO Releases New Report on State PBM Regulations-The Government Accountability Office (GAO) released a new report last week examining five states’ regulation of pharmacy benefit managers (PBMs). Each of the five states selected for review-Arkansas, California, Louisiana, Maine, and New York-have enacted a variety of laws to regulate PBMs, including fiduciary or duty of care requirements, drug pricing and pharmacy reimbursement requirements, transparency requirements, and pharmacy network and access requirements. The regulators interviewed by GAO generally agreed that broad regulatory authority was more effective than enacting specific statutory provisions, and also stressed the need for robust enforcement of PBM laws and effective penalties to enforce them.

CBO Releases Analysis of Medicare ACOs’ Past Performance and Future Directions-The Congressional Budget Office has released a new report summarizing recent research findings about accountable care organizations (ACOs) and the factors that have contributed to or limited their ability to achieve net budgetary savings for the Medicare program. The analysis found that certain types of ACOs are associated with greater savings, including ACOs led by independent physician groups, ACOs with a larger proportion of primary care providers, and ACOs whose initial baseline spending was higher than the regional average. CBO also outlines the factors that limit the savings from Medicare ACOs, including weak incentives for ACOs to reduce spending, a lack of the resources necessary for providers to participate in ACO models, and providers’ ability to selectively enter and exit the program on the basis of the financial benefits or losses they anticipate from participating.

PAs in Oregon to Rebrand as Physician Associates–Oregon has become the first state in the nation to legally allow physician assistants to use the title physician associate on their license. Other states, including Michigan and South Carolina, are considering similar measures. The change is opposed by the American Medical Association and other physician groups, who have expressed concerns about patient confusion around scope of practice. Oregon’s new law will take effect on June 6, 2024.

Congressional Retirements and Resignations-Rep. Jake LaTurner (R-Kan.) has announced that he will not seek re-election this November. LaTurner has served in Congress since 2021 and currently sits on the Homeland Security, Oversight and Reform, and Science, Space, and Technology committees.

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

Upcoming Congressional Hearings and Markups

House Appropriations Subcommittee on Labor, Health and Human Services, and Education Member Day Hearing; 10:30 a.m.; April 30

House Energy and Commerce Subcommittee on Oversight and Investigation and Subcommittee on Health hearing to discuss gain-of-function research with EcoHealth Alliance President Dr. Peter Daszak; time TBD; May 1

House Energy and Commerce Subcommittee on Oversight and Investigations hearing to discuss the Change Healthcare Cyberattack with Andrew Witty, CEO, UnitedHealth Group Inc.; 2:00 p.m.; May 1

Recently Introduced Health Legislation

H.R.7974-To amend the Federal Food, Drug, and Cosmetic Act to require labeling of food products containing insects, and for other purposes; Sponsor: Miller, Mary E. [Rep.-R-IL-15]; Committees: House-Energy and Commerce

H.R.7994-To support the direct care professional workforce, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce; Education and the Workforce; Ways and Means; Judiciary; House Administration; Oversight and Accountability

H.R.7996-To amend title XIX of the Social Security Act to ensure Medicaid coverage of mental health services and primary care services furnished on the same day; Sponsor: Dunn, Neal P. [Rep.-R-FL-2]; Committees: House-Energy and Commerce

S.Res.647-A resolution recognizing the designation of the week of April 11 through April 17, 2024, as the seventh annual “Black Maternal Health Week”; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

S.4131-A bill to reform Federal firearms laws, and for other purposes; Sponsor: Kaine, Tim [Sen.-D-VA]; Committees: Senate-Judiciary

S.4137-A bill to amend title XVIII of the Social Security Act to count a period of receipt of outpatient observation services in a hospital toward satisfying the 3-day inpatient hospital requirement for coverage of skilled nursing facility services under Medicare; Sponsor: Brown, Sherrod [Sen.-D-OH]; Committees: Senate-Finance

S.4147-A bill to continue to fund the IMPROVE initiative through the Eunice Kennedy Shriver National Institute of Child Health and Human Development, and for other purposes; Sponsor: Butler, Laphonza R. [Sen.-D-CA]; Committees: Senate-Health, Education, Labor, and Pensions

S.Res.654-A resolution expressing concern about the elevated levels of lead in one-third of the world’s children and the global causes of lead exposure, and calling for the inclusion of lead exposure prevention in global health, education, and environment programs abroad; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Committees: Senate-Foreign Relations

S.4159-A bill to amend the Public Health Service Act to encourage qualified individuals to enter the forensic pathology workforce, and for other purposes; Sponsor: Cornyn, John [Sen.-R-TX]; Committees: Senate – Health, Education, Labor, and Pensions

S.4169-A bill to establish and support primary care team education centers, and for other purposes; Sponsor: Kaine, Tim [Sen.-D-VA]; Committees: Senate-Health, Education, Labor, and Pensions

S.4174-A bill to amend title IV of the Public Health Service Act to direct the Secretary of Health and Human Services to establish a clearinghouse on intellectual disabilities, and for other purposes; Sponsor: Schmitt, Eric [Sen.-R-MO]; Committees: Senate-Health, Education, Labor, and Pensions

S.4178-A bill to establish artificial intelligence standards, metrics, and evaluation tools, to support artificial intelligence research, development, and capacity building activities, to promote innovation in the artificial intelligence industry by ensuring companies of all sizes can succeed and thrive, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Commerce, Science, and Transportation

H.Res.1153-Recognizing the designation of the week of April 11 through April 17, 2024, as the seventh annual “Black Maternal Health Week”; Sponsor: Adams, Alma S. [Rep.-D-NC-12]; Committees: House-Energy and Commerce

H.R.8018-To require the Administrator of the Centers for Medicare & Medicaid Services and the Commissioner of Social Security to review and simplify the processes, procedures, forms, and communications for family caregivers to assist individuals in establishing eligibility for, enrolling in, and maintaining and utilizing coverage and benefits under the Medicare, Medicaid, CHIP, and Social Security programs respectively, and for other purposes. Sponsor: Cammack, Kat [Rep.-R-FL-3]; Committees: House – Energy and Commerce; Ways and Means

H.R.8025-To amend title 10, United States Code, to clarify roles and responsibilities within the Department of Defense relating to subconcussive and concussive brain injuries and to improve brain health initiatives of the Department of Defense, and for other purposes. Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

H.R.8037-To continue to fund the IMPROVE initiative through the Eunice Kennedy Shriver National Institute of Child Health and Human Development, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Energy and Commerce

H.R.8042-To authorize the Secretary of Health and Human Services to award grants to qualified entities to support community paramedicine programs, and for other purposes; Sponsor: Cleaver, Emanuel [Rep.-D-MO-5]; Committees: House-Energy and Commerce

H.R.8049-To amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses; Sponsor: Mooney, Alexander X. [Rep.-R-WV-2]; Committees: House-Ways and Means

H.J.Res.129-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Departments of Labor, the Treasury, and Health and Human Services relating to “Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage”; Sponsor: Self, Keith [Rep.-R-TX-3]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means

H.R.8064-To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program of hearing aids and related hearing services; Sponsor: Cartwright, Matt [Rep.-D-PA-8]; Committees: House-Energy and Commerce; Ways and Means

H.R.8065-To require the Secretary of Health and Human Services, acting through the Assistant Secretary for Preparedness and Response, to carry out a program under which the Secretary requires each regulated seller of a highly infectious agent to comply with certain logbook requirements, and for other purposes; Sponsor: Costa, Jim [Rep.-D-CA-21]; Committees: House-Energy and Commerce

H.R.8069-To amend the Public Health Service Act to encourage qualified individuals to enter the forensic pathology workforce, and for other purposes; Sponsor: Guest, Michael [Rep.-R-MS-3]; Committees: House – Energy and Commerce; Ways and Means

H.R.8075-To amend title XVIII of the Social Security Act to provide for Medicare coverage of staff-assisted home dialysis for certain hemodialysis and peritoneal dialysis patients and to ensure all patients are educated on modality options and receive the resources, information, and support to succeed on the modality of their choice, and for other purposes; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House-Energy and Commerce; Ways and Means

H.R.8078-To authorize Federal support of States in piloting interoperable State-based repositories of sepsis cases, and for other purposes; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Energy and Commerce

H.R.8080-To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish and implement a department-wide after-action program and a risk communication strategy, and for other purposes; Sponsor: Torres, Ritchie [Rep.-D-NY-15]; Committees: House-Energy and Commerce