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2024 Election Results

2024 Election Results-The Associated Press announced on November 6 that former President Donald Trump had reached the 270 electoral votes needed to win the 2024 presidential election. Trump outpaced his 2020 election performance, while Vice President Kamala Harris did not perform as well as Joe Biden did as the Democratic presidential candidate four years ago. Trump ultimately won 312 electoral votes to Harris’ 226 and successfully captured all seven swing states in play this election cycle: Arizona, Nevada, Georgia, North Carolina, Pennsylvania, Michigan, and Wisconsin.

 

Republicans also gained control of the Senate in the 2024 elections, flipping seats in West Virginia, Montana, Ohio, and Pennsylvania. The Senate balance of power for the 119th Congress currently stands at 53 seats for the GOP and 46 seats for Democrats. Ruben Gallego (D) is currently leading Kari Lake (R) in the Arizona race to fill retiring Sen. Kyrsten Sinema’s (I) seat. It should also be noted that Sen. Bob Casey (D-Pa.) has not yet conceded his race. While the Associated Press called the Pennsylvania Senate race in favor of Republican David McCormick, there remain more than 100,000 ballots left to be counted. Ohio Governor Mike DeWine (R) will appoint a replacement for Vice-President-elect JD Vance upon Vance’s resignation from the Senate. That individual will serve in the Senate until a special election in 2026. Vance may choose to resign before the inauguration on January 20 to give his replacement more seniority for the purposes of committee assignments. Most freshmen members will be sworn in on January 3 at the start of the new Congress.

 

While the results remain pending in a handful of races, Republicans appear close to the threshold of retaking control of the House of Representatives as well. The GOP currently holds 213 seats to Democrats’ 203, with 218 needed for the majority. As of Sunday, nineteen races have yet to be called, with Democrats leading in the vote count in 11 races and Republicans leading in the remaining nine.

 

Hart Health Strategies Inc. has specifically tracked the election results for health professional candidates in the 2024 elections. This information can be found as an addendum to the newsletter on page 5.

 

 

What to Expect in the Lame Duck-Congress returns on Tuesday to begin the lame duck session of the 118th Congress. During this time, Congress will meet to wrap up urgent or unfinished business. New member orientation and congressional party elections to determine who will lead the Democratic and Republican parties during the 119th Congress will also occur during the busy lame duck session. The House of Representatives is currently scheduled to adjourn on December 19, 2024, and the Senate is scheduled to adjourn on December 20, 2024. Lawmakers will have approximately 20 working days to accomplish a number of major policy priorities that await congressional action, including passage of fiscal year 2025 appropriations and avoiding a government shutdown, consideration of a supplemental disaster aid package, confirmation of the outgoing Biden administration’s judicial nominees, and taking action on a short term fix to prevent the anticipated 2.83% cut to the Medicare physician fee schedule set to take effect on January 1. Hart Health Strategies’ guide to the 2024 lame duck session containing further details is included as an addendum to this newsletter starting on page 8.

 

 

Trump’s First 100 Days-Under the forecasted unified GOP control of the White House and Congress starting in 2025, Republicans are expected to quickly pass a budget reconciliation package allowing President Trump to carry out the significant tax cuts promised during his campaign. Lawmakers will prioritize extension of the 2017 Tax Cuts and Jobs Act-set to expire at the end of 2025-for inclusion in the package. The special rules that accompany the reconciliation process would enable Republicans to circumvent a Democratic filibuster in the Senate; legislation otherwise requires 60 votes to advance through the upper chamber. In addition to addressing the expiring tax breaks, the reconciliation bill could also include spending cuts and certain regulatory reforms. Republicans are also expected to use reconciliation to address funding for major new border security initiatives, given Donald Trump’s emphasis on securing the border throughout his time as a politician. Measures to increase health care cost transparency may also be considered for inclusion in the reconciliation legislation.

 

 

Trump Personnel Forecast-President Trump is expected to begin making decisions on key administration personnel positions in the coming days and weeks. It was announced last Thursday that Susie Wiles will serve as Trump’s chief of staff. Wiles led Trump’s campaign for the past two years. She previously led his Florida operations in the 2016 campaign and worked on Ron DeSantis’s (R) Florida gubernatorial campaign.

 

In 2016, Trump announced his choice for Health and Human Services Secretary 20 days following his election victory. Along with personnel from his first administration, the following individuals have been spotlighted for their potential to be selected to serve in administrative positions that impact health policy during Trump’s second term in office:

  • Robert F. Kennedy Jr. is a former independent presidential candidate and anti-vaccine activist. He is the nephew of President John F. Kennedy and son of former Attorney General and Senator Robert F. Kennedy. He has spearheaded the “Make America Healthy Again” movement, which focuses on chronic disease prevention. RFK has attested that President-elect Trump has promised him “control of the public health agencies.” Siblings and health entrepreneurs Casey and Calley Means, who have helped lead the MAHA initiative, could also be considered for potential health roles in the administration.
  • Bobby Jindal is the former governor of Louisiana and principal adviser to the U.S. Department of Health and Human Services (HHS) secretary during the George W. Bush administration. He currently leads the health policy division of the America First Policy Institute.
  • Eric Hargan served as deputy HHS secretary and acting HHS secretary following the resignation of Tom Price during Trump’s first term. In such capacity, he helped oversee Operation Warp Speed and other aspects of the COVID-19 pandemic response.
  • Paul Mango served as HHS Deputy Chief of Staff during Donald Trump’s first term in office. Before joining the government in 2018, he spent nearly 25 years as a consultant in, and leader of, McKinsey & Company’s Health Care Practice.
  • Joe Grogan is the former Domestic Policy Council Director and assistant to President Donald Trump.
  • Ben Carson is a retired neurosurgeon and Donald Trump’s former Secretary of Housing and Urban Development. Dr. Carson and the President-elect remain close friends.
  • Brian Blase previously served as Donald Trump’s Special Assistant for Economic Policy at the National Economic Council. He currently leads the Paragon Health Institute.
  • Jim O’Neill is a science and technology investor and former HHS principal associate deputy secretary during the George W. Bush administration. Former President Trump previously considered O’Neill to serve as Commissioner of Food and Drugs.
  • Scott Gottlieb previously served as Donald Trump’s FDA Commissioner. He currently works for the American Enterprise Institute, at a venture capital firm called New Enterprise Associates, and on the board of Pfizer and Illumina.
  • Theo Merkel previously served as Donald Trump’s Special Assistant for Economic Policy at the National Economic Council. He worked for former Sen. Pat Toomey (R-Pa.) for more than a decade, including as his Legislative Director. He currently works at the Paragon Health Institute and the Manhattan Institute.

 

VA Congressman Announces Cancer Diagnosis-Rep. Gerry Connolly (D-Va.) announced last week that he has been diagnosed with cancer of the esophagus. Connolly stated in a letter to his constituents that he will begin chemotherapy and immunotherapy “right away” but that he is “very confident in a successful outcome” and that he will continue to do his job in both his district and on Capitol Hill. Connolly was reelected to a ninth term by more than 30 percentage points on Tuesday.

 

 

Upcoming Congressional Hearings and Markups

Senate Judiciary Committee hearing “How Bump Stocks and Other Conversion Devices are Amplifying the Gun Violence Epidemic;” 10:00 a.m.; November 13

 

Senate Judiciary Committee markup including S. 2140, Patent Eligibility Restoration Act; 10:00 a.m.; November 14

 

House Select Subcommittee on the Coronavirus Pandemic hearing “Preparing for the Next Pandemic: Lessons Learned and The Path Forward;” 11:30 a.m.; November 14

 

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

 

 

Recently Introduced Health Legislation

H.R.10085-To require that opioid overdose rescue kits be located at public institutions of higher education, and for other purposes. Sponsor: De La Cruz, Monica [Rep.-R-TX-15]; Committees: House-Education and the Workforce; Energy and Commerce

 

H.R.10086-To amend title XVIII of the Social Security Act to codify the Medicare low-wage index hospital policy. Sponsor: Ferguson, A. Drew [Rep.-R-GA-3]; Committees: House-Ways and Means

 

H.R.10093-To amend title 10, United States Code, to direct the Secretary of Defense to include certain tests as part of the periodic health assessments provided to members of the Armed Forces. Sponsor: Luttrell, Morgan [Rep.-R-TX-8]; Committees: House-Armed Services

 

H.R.10095-To amend the Patient Protection and Affordable Care Act to reduce fraudulent enrollments in qualified health plans, and for other purposes. Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Energy and Commerce

 

H.R.10096-To amend title XIX of the Social Security Act to ensure access to immunizations under the Medicaid program and the Vaccines for Children program, and for other purposes. Sponsor: Schrier, Kim [Rep.-D-WA-8]; Committees: House-Energy and Commerce

 

H.R.10097-To amend title XVIII of the Social Security Act to adjust the hospice program survey and enforcement procedures under the Medicare program. Sponsor: Van Duyne, Beth [Rep.-R-TX-24]; Committees: House-Ways and Means

 

H.R.10098-To amend title XXVII of the Public Health Service Act to extend group health plan and health insurance coverage to parents of enrollees if such parents are not eligible to enroll in the Medicare or Medicaid program. Sponsor: Van Duyne, Beth [Rep.-R-TX-24]; Committees: House-Ways and Means; Energy and Commerce

 

H.Res.1563-Expressing the sense of Congress that the United States is committed to ensuring a safe and healthy climate for future generations, and thus to restoring the climate; Sponsor: Thompson, Mike [Rep.-D-CA-4]; Committees: House-Energy and Commerce; Foreign Affairs

 

Health Professionals in the 119th Congress

Health Professionals Not Returning for the 119th Congress

The following health professionals will not be returning for the 119th Congress due to retirement or loss in primary or general election:

Name Specialty Party District
Rep. Michael Burgess, MD OB-GYN Republican TX-26
Rep. Brad Wenstrup, DPM Podiatrist Republican OH-02
Rep. Drew Ferguson, IV, DMD, PC Dentist Republican GA-03
Rep. Larry Bucshon, MD Cardiothoracic surgeon Republican IN-08
Rep. Cori Bush, RN Registered nurse Democrat MO-01
Rep. Yadira Caraveo, MD Pediatrician Democrat CO-08

New Health Professionals in the 119th Congress

The following health professionals won their elections and will join the 119th Congress as new members of the House of Representatives:

 

Name Specialty Party District Opponent
Kelly Morrison, MD OB-GYN Democrat MN-03 Tay Jude (R)

(open seat due to Dean Phillips (D) retirement)
Maxine Dexter, MD Pulmonary and critical care physician Democrat OR-03 Joanna Harbour (R)

(open seat due to Earl Blumenauer (D) retirement)
Mike Kennedy, MD Family physician Republican UT-03 Glenn J. Wright (D)

(open seat due to John Curtis (R) running for Senate)
Bob Onder, MD Allergist-immunologist Republican MO-03 Bethany Mann (D)

(open seat due to Blaine Luetkemeyer (R) retirement)
Herb Conaway, MD Doctor of internal medicine Democrat NJ-03 Rajesh Mohan (R)

(open seat due to Andy Kim (D) running for Senate)
Sheri Biggs, DNP Family and Mental Health Nurse Practitioner Republican SC-03 Bryon Best (D)

(open seat due to Rep. Jeff Duncan (R) retirement)

 

Returning Health Professionals in the 119th Congress

The following incumbent health professionals won their elections and will return to the House of Representatives for the 119th Congress:

 

HOUSE OF REPRESENTATIVES

Name Specialty
Rep. Brian Babin, DDS (R-TX-36) Dentist
Rep. Ami Bera, MD (D-CA-06) Internal medicine physician
Rep. Buddy Carter, BSPharm (R-GA-01) Pharmacist
Rep. Scott DesJarlais, MD (R-TN-04) General medicine
Rep. Neal Dunn, MD (R-FL-02) Urologist
Rep. Paul Gosar, DDS (R-AZ-09) Dentist
Rep. Mark Green, MD (R-TN-07) Emergency physician
Rep. Andy Harris, MD (R-MD-01) Obstetric anesthesiologist
Rep. Diana Harshbarger, PharmD (R-TN-01) Pharmacist
Rep. Ronny Jackson, MD (R-TX-13) Emergency physician
Rep. John Joyce, MD, FAAD, FACP (R-PA-13) Dermatologist
Rep. Jen Kiggans, RN, AGNP (R-VA-02) Geriatric nurse practitioner
Rep. Rich McCormick, MD (R-GA-06) Emergency physician
Rep. Raul Ruiz, MD, MPP, MPH (D-CA-25) Emergency physician
Rep. Kim Schrier, MD (D-WA-08) Pediatrician
Rep. Mike Simpson, DMD (R-ID-02) Dentist
Rep. Glenn Thompson, Med (R-PA-15) Rehabilitation therapist
Rep. Lauren Underwood, RN (D-IL-14) Registered nurse
Rep. Jeff Van Drew, DDS (R-NJ-02) Dentist

 

The following House race has not yet been called by the Associated Press:

 

Name Specialty
Rep. Mariannette Miller-Meeks, MD (R-IA-01) Ophthalmologist

 

UNITED STATES SENATE

All five incumbent health professionals in the United States Senate will continue to serve in the 119th Congress. Senator John Barrasso, from Wyoming was the only Senate health professional in cycle this year and retained his seat. Sen. Barrasso currently serves as chairman of the Senate Republican Conference and plans to seek the #2 Republican leadership post in the 119th Congress.

 

Name Specialty
Sen. John Barrasso, MD (R-WY) Orthopaedic Surgeon
Sen. John Boozman, OD (R-AR) Optometrist
Sen. Bill Cassidy, MD (R-LA) Gastroenterologist/Hepatologist
Sen. Roger Marshall, MD (R-KS) OB/GYN
Sen. Rand Paul, MD (R-KY) Ophthalmologist

 

 

 

Lame Duck Session 2024

 

Lame Duck

The Lame Duck Session of the 118th Congress is scheduled to begin on November 12, 2024. ‘Lame Duck’ refers to the period of time after the November 5, 2024, elections and before the 119th Congress is sworn into office on January 3, 2025. During this time, Congress will meet to wrap up urgent or unfinished business. Currently, the House of Representatives is scheduled to adjourn on December 19, 2024, and the Senate is scheduled to adjourn on December 20, 2024.

 

Prior to the adoption of the Twentieth Amendment to the Constitution in 1933, new congresses convened in December of odd-numbered years-meaning Congress would meet and pass legislation for more than a year post-election. The Twentieth Amendment, which changed the president’s term from March 4 to January 20, also changed the convening date for a new Congress to January 3 of odd-numbered years.

 

Timing

Lawmakers have approximately 20 working days (i.e., days in which Congress plans to be in session or hold votes) to accomplish a number of major policy priorities awaiting congressional action-policies which may be considered “must pass” before the end of the session. New member orientation and congressional party elections to determine who will lead the Democrat and Republican parties during the 119th Congress will also occur during the busy lame duck session. New member orientation usually occurs prior to Thanksgiving, while congressional party elections are expected in November and early December. The House and Senate calendars for 2025 also will be announced during this time. However, congressional committee assignment determinations may not be known until January.

 

Politics

Lame duck sessions are characterized by the fact that some members of Congress will finish their terms and not return in January for the 119th Congress. Thus, non-returning members may not be as beholden to typical political dynamics as their colleagues. These members may also push for the passage of “legacy” legislation and priorities.

 

During the lame duck, Congress is expected to negotiate the following key issues and will need to determine whether they can complete negotiations or must instead pass extensions in order to address the policies during the next Congress. The scope and content of this work will be shaped by the upcoming Trump administration, the Republican majority in the Senate and the pending results of the November election to determine the majority of the House of Representatives.

 

Avoiding Government Shutdown

The current continuing resolution (CR), extending funding for the 12 annual appropriations bills, was passed before the election and expires at midnight on December 20, 2024. Congress must act again before this funding deadline to pass either another CR or a fiscal year (FY) 2025 appropriations measure to avoid a federal government shutdown. While House Speaker Mike Johnson (R-La.) has opposed a year-end omnibus spending package, maintaining this position may prove difficult. To date, the House has only passed four individual spending bills, while the Senate has not passed any. The House Republicans may push for a shorter-term CR to allow funding decisions to be revisited under the Trump administration, while Senate Democrats may push for a longer-term package that can be signed into law before President Biden’s term ends.

 

Disaster Aid

Congress is expected to take up a supplemental disaster aid package during the lame duck to assist communities impacted by hurricanes Helene and Milton. The Small Business Administration estimates that it needs about $1.6 billion to replenish the exhausted disaster loan program, while the Federal Emergency Management Agency’s disaster relief fund also needs additional resources.

 

Veterans Affairs

The Department of Veterans Affairs is once again warning of a potential budget shortfall in FY 2025 and is requesting $12 billion in additional funding to ensure veterans’ continued access to medical care.

 

Defense Authorization

Congress has yet to take up the National Defense Authorization Act (NDAA), which is typically advanced with strong bipartisan support. While negotiations have been complicated by ongoing conflicts around the world, particularly in Ukraine and the Middle East, the package is considered “must pass” and may provide a legislative vehicle for unrelated provisions that Congress wants to pass by the end of the year.

 

Farm Bill

Passage of the farm bill-authorization for agriculture and commodity programs-remains a bipartisan priority on Capitol Hill. While half of the Republican conference in the House is urging leadership to take up a GOP-led bill, other lawmakers are pushing for consideration of bipartisan legislation before the end of the year.

 

Nominations

The Senate is expected to be focused on confirming the outgoing Biden administration’s judicial nominees during the Lame Duck session, particularly because Republicans will control the upper chamber in the 119th Congress and will focus on confirming President-elect Trump’s nominees. A total of 234 of former President Trump’s judicial nominees were successfully confirmed by the end of his term; President Biden’s tally currently stands at 213.

Medicare Physician Payment

More than 200 members of the House have written to congressional leadership urging action to prevent the anticipated 2.8% cut to the Medicare physician fee schedule set to take effect on January 1. While the hope is that a short-term fix to address the impending Medicare reimbursement cut is passed during the lame duck, longer-term reforms (e.g., an inflationary payment update or a budget-neutrality threshold increase) will likely be punted for future consideration.

 

Telehealth

Without congressional action, COVID-era telehealth flexibilities are currently set to expire at the end of this year. Both the House Ways and Means and Energy and Commerce committees have advanced two-year extensions with strong bipartisan support, with reforms to the pharmacy benefit manager (PBM) industry included to offset the projected costs.

 

Pharmacy Benefit Manager Reform

Congressional committees have advanced more than 30 bills related to PBM reform during the 118th Congress. Of note is the Lower Costs, More Transparency Act (H.R. 5378), which passed the House last December and is estimated to reduce the federal deficit by $715 million over the next decade.  Due to these estimated savings, advancing PBM reforms is more enticing as a lame duck vehicle to “pay for” other priorities.

 

Physician-Member Priorities

The GOP Doctors Caucus-and retiring physician-lawmakers in particular – have identified the following bills, in addition to addressing Medicare physician payment, as priorities for the remainder of the 118th Congress:

  • The Improving Seniors-Timely Access to Care Act (S. 4532/H.R. 8702)-With 54 cosponsors in the Senate and 221 cosponsors in the House, this bill has secured support from a bipartisan majority in both chambers. The legislation would streamline and standardize the use of prior authorization by Medicare Advantage plans. The bill sponsors have worked to address a higher-than-expected cost estimate in the latest version of the legislation, which unanimously passed the House during the 117th Recently, the Congressional Budget Office (CBO) informed the bill sponsors that the legislation is not expected to increase federal spending – news that is expected to bolster the chance of passage before the end of the year.
  • The Preventive Health Savings Act (S. 114/H.R. 766)-This bipartisan bill would provide a framework for committees of jurisdiction to request supplementary cost estimates for preventive health care legislation, expanding the typical 10-year budget window to a 30-years. The bill passed the House earlier this year and is awaiting action by the Senate.
  • The Treat and Reduce Obesity Act (S. 2407/H.R. 4818)-This legislation would expand Medicare coverage of intensive behavioral therapy for obesity. The House Energy and Commerce Committee advanced the bill earlier this year.
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Post-Election Expectations

Post-Election Expectations-Congress returns on November 12 to a lengthy list of action items, including funding the government beyond December 20th and extending other expiring programs/authorizations. Expectations are low, however, as this Congress has been especially unproductive. As of the end of October, 106 bills have been signed into law during the 118th Congress, which is significantly fewer than other sessions in recent memory. In fact, every Congress over the past 30 years has seen at least 284 bills passed and signed into law, with an average of 401.5 new laws per Congress (not including the 118th Congress). A breakdown of the past fifteen meetings of Congress is below:

  • 118th Congress (2023-2024): 106 (as of 11/3/2024)
  • 117th Congress (2021-2022): 365
  • 116th Congress (2019-2020): 344
  • 115th Congress (2017-2018): 443
  • 114th Congress (2015-2016): 329
  • 113th Congress (2013-2014): 296
  • 112th Congress (2011-2012): 284
  • 111th Congress (2009-2010): 385
  • 110th Congress (2007-2008): 460
  • 109th Congress (2005-2006): 483
  • 108th Congress (2003-2004): 504
  • 107th Congress (2001-2002): 383
  • 106th Congress (1999-2000): 604
  • 105th Congress (1997-1998): 404
  • 104th Congress (1995-1996): 337

 

House Members Introduce Bipartisan Doc Fix Legislation-A bipartisan group of House lawmakers have introduced legislation to avert the cut to the Medicare physician fee schedule (PFS) set to go into effect on January 1, 2025. The Medicare Patient Access and Practice Stabilization Act (H.R.10073) was introduced by Reps. Greg Murphy, MD (R-N.C.) and Jimmy Panetta (D-Calif.) alongside physician representatives Mariannette Miller-Meeks, MD (R-Iowa), Ami Bera, MD (D-Calif.), Larry Bucshon, MD (R-Ind.), Raul Ruiz, MD (D-Calif.), John Joyce, MD (R-Pa.), and Kim Schrier, MD (D-Wash.). The legislation would provide a 4.73% payment update in 2025 to address the 2.83% PFS conversion factor (CF) cut and provide an additional update in an attempt to account for the cost of inflation. The 4.73% increase would expire at the end of 2025. The Centers for Medicare and Medicaid Services (CMS) released the calendar year (CY) 2025 Medicare Physician Fee Schedule final rule on Friday. The regulation finalizes a CY 2025 CF of $32.3465, which reflects a 2.83% reduction relative to the 2024 conversion factor.

 

 

Democrats Urge CMS to Use Enforcement Authority Over MA Plans-Democratic leadership of the Senate Finance Committee and the House Ways and Means and Energy and Commerce committees have sent a letter to CMS outlining their ongoing concerns with Medicare Advantage (MA) plans’ use of prior authorization, deceptive marketing practices, and broker compensation structures. The lawmakers highlight the “many instances MA plans are failing to deliver, compromising timely access to care and undermining the ability of seniors and Americans with disabilities to purchase the coverage that’s right for them.” They call on CMS “to use every regulatory, oversight, and enforcement tool at the agency’s disposal to rein in rampant misuse of prior authorization, simplify the experience of choosing a Medicare plan, and put an end to rampant marketing abuses.”

 

 

Hassan, Cassidy Release Site-Neutral Legislative Framework-Sens. Maggie Hassan (D-N.H.) and Bill Cassidy (R-La.) have released a legislative framework to establish site-neutral payments in off-campus hospital outpatient departments and for common outpatient services. The draft proposes to eliminate the grandfathering exception including in the Bipartisan Budget Act of 2015, extending site-neutral payment policy to all hospital-owned sites of care away from the hospital’s main campus. The framework would also install a single reimbursement rate for common outpatient services according to the site where the procedure is most commonly performed. The savings produced from such changes would be used to reinvest in rural and safety net hospitals.

 

 

Warren Comments on Oncology MSO Acquisitions-Sen. Elizabeth Warren (D-Mass.) is urging the Federal Trade Commission (FTC) to closely analyze proposed acquisitions in the oncology market, including McKesson Corporation’s $2.49 billion acquisition of a controlling stake in Core Ventures, and Cardinal Health’s $1.1 billion acquisition of a controlling stake in Integrated Oncology, two management services organizations (MSOs) that oversee 150 oncology practices across 11 states. Warren expresses concern that the deals will limit competition and restrict oncology practices from contracting with rival drug wholesalers. “By controlling oncology practices, Cardinal and McKesson can require affiliated practices to enter into sole-source or prime vendor agreements with their wholesale businesses, ‘lock[ing] them in as customers’ and effectively blocking competing wholesalers from offering their services,” the letter argues. She asks the FTC to carefully consider the proposed deals and block them if they violate antitrust law.

 

 

Blumenthal Pushes for Recall of Acne Treatments Containing Benzene –Sen. Richard Blumenthal (D-Conn.) is calling on the Food and Drug Administration (FDA) to recall and suspend sales of acne treatments recently found to contain the cancer-causing chemical benzene. A Connecticut-based independent laboratory alerted the agency earlier this year of dangerous levels of benzene in certain acne products, including Proactiv and Clearasil, along with more than 30 different creams and cleansers. Blumenthal requests that the agency clarify its benzene guidance; the FDA has said that it is working to verify the lab’s claims before acting.

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)

 
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP Gonzalez-Colon (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

Recently Introduced Health Legislation

H.R.10038-To direct the Secretary of Veterans Affairs to conduct a pilot program on the provision of naloxone to veterans and their caregivers, and for other purposes; Sponsor: D’Esposito, Anthony [Rep.-R-NY-4]; Committees: House-Veterans’ Affairs

 

H.R.10039-To reauthorize the National Diabetes Prevention Program; Sponsor: De La Cruz, Monica [Rep.-R-TX-15]; Committees: House-Energy and Commerce

 

H.R.10047-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 award grants to support community-based programs for harm reduction services for individuals who use substances; Sponsor: Larsen, Rick [Rep.-D-WA-2]; Committees: House-Energy and Commerce

 

H.R.10048-To prohibit the availability of Federal funds to institutions of higher education that conduct painful biomedical research on dogs and cats; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House-Education and the Workforce

 

H.R.10050-To require the Secretary of Health and Human Services to conduct a study on pharmacy benefit manager audit practices; Sponsor: Maloy, Celeste [Rep.-R-UT-2]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.10056-To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2025 through 2028; Sponsor: Stefanik, Elise M. [Rep.-R-NY-21]; Committees: House-Education and the Workforce

 

H.R.10058-To amend title XIX of the Social Security Act to require coverage for certain individual with breast or cervical cancer under the Medicaid program; Sponsor: Waters, Maxine [Rep.-D-CA-43]; Committees: House-Energy and Commerce

 

H.R.10060-To amend title XVIII of the Social Security Act to require the provision of certain information with respect to breast reconstruction surgery under the Medicare program; Sponsor: Waters, Maxine [Rep.-D-CA-43]; Committees: House-Energy and Commerce; Ways and Means

 

H.J.Res.217-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Medicare Program; FY 2025 Hospice Wage Index and Payment Rate Update, Hospice Conditions of Participation Updates, and Hospice Quality Reporting Program Requirements”; Sponsor: Palmer, Gary J. [Rep.-R-AL-6]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.10071-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: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House-Education and the Workforce

 

H.R.10072-To amend the Older Americans Act of 1965 to require reports to Congress on State Long-Term Care Ombudsman Programs, and for other purposes; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House-Education and the Workforce

 

H.R.10073-To amend title XVIII of the Social Security Act to increase support for physicians and other practitioners in adjusting to Medicare payment changes; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.10075-To prohibit an entity from receiving Federal funds if such entity provides to any person any medical or surgical intervention for the purpose of assisting an individual’s disassociation from his or her sex; Sponsor: Ogles, Andrew [Rep.-R-TN-5]; Committees: House-Energy and Commerce

 

H.R.10077-To direct certain institutions of higher education to pay the medical costs of students who were diagnosed with certain diseases following a required COVID-19 vaccination, and for other purposes; Sponsor: Rosendale, Matthew M. [Rep.-R-MT-2]; Committees: House-Education and the Workforce

 

H.R.10078-To amend the Indian Health Care Improvement Act to establish within the Indian Health Service an Office of Graduate Medical Education Programs, and for other purposes; Sponsor: Stansbury, Melanie A. [Rep.-D-NM-1]; Committees: House-Natural Resources; Energy and Commerce

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Health Professionals Running for Congress

Health Professionals Running for Congress-As the 119th Congress approaches, there will be a significant number of changes in the health professionals serving in the U.S. Congress. The following five health professionals are retiring from the House of Representatives at the end of this year:

  • Rep. Michael Burgess, MD (R-TX-26)-OB/GYN
  • Rep. Brad Wenstrup, DPM (R-OH-02)-Podiatrist
  • Rep. Drew Ferguson, IV, DMD, PC (R-GA-03)-Dentist
  • Rep. Larry Bucshon, MD (R-IN-08)-Cardiothoracic Surgeon
  • Rep. Cori Bush, RN (D-MO-01)-Registered Nurse

 

While these prominent health professionals are leaving Capitol Hill, there is still potential to see a record number of health professionals serving in Congress. Health professionals campaigning for House seats this election cycle include:

  • ARIZONA: Amish Shah, MD (D)-Emergency physician running against incumbent Rep. David Schweikert (R-AZ-01)
  • INDIANA: Tim Peck, MD (D)-Emergency physician running against incumbent Erin Houchin (R-IN-09)
  • KANSAS: Prasanth Reddy, MD (R)-Doctor of internal medicine, medical oncology, and hematology running against incumbent Rep. Sharice Davids (D-KS-03)
  • MINNESOTA: Kelly Morrison, MD (D)-OB/GYN running against Tay Jude (R) for the MN-03 seat vacated by Rep. Dean Phillips (D)
  • MISSOURI: Bob Onder, MD (R)-Allergist/immunologist running against Bethany Mann (D) for the MO-03 seat vacated by Rep. Blaine Luetkemeyer (R)
  • NEW JERSEY: Herb Conaway, MD (D)-Doctor of internal medicine running against Rajesh Mohan (R) for the NJ-03 seat vacated by Rep. Andy Kim (D)
  • OREGON: Maxine Dexter, MD (D)-Pulmonary and critical care physician running against Joanna Harbour (R) for the OR-03 seat vacated by Rep. Earl Blumenauer (D)
  • SOUTH CAROLINA: Sheri Biggs, DNP (R)-Family and mental health nurse practitioner running against Bryon Best (D) for the SC-03 seat vacated by Rep. Jeff Duncan (R)
  • TEXAS: Mayra Flores (R)-Respiratory care practitioner running against incumbent Rep. Vicente Gonzalez, Jr. (D-TX-34)
  • UTAH: Mike Kennedy, MD (R)-Family physician running against Glenn Wright (D) for the UT-03 seat vacated by Rep. John Curtis (R)
  • WISCONSIN: Kristin Lyerly, MD (D)-OB/GYN running against Tony Wied (R) for the WI-08 seat vacated by Rep. Mike Gallagher (R)

 

Five health professionals currently serve in the U.S. Senate:

  • Sen. John Barrasso, MD (R-WY)-Orthopaedic Surgeon
  • Sen. John Boozman, OD (R-AR)-Optometrist
  • Sen. Bill Cassidy, MD (R-LA)-Gastroenterologist/Heptalogist
  • Sen. Roger Marshall, MD (R-KS)-OB/GYN
  • Sen. Rand Paul, MD (R-KY)-Ophthalmologist

Senator John Barrasso, from Wyoming is the only Senate health professional in cycle this year; he is expected to retain his seat. Sen. Barrasso currently serves as chairman of the Senate Republican Conference and plans to seek the #2 Republican leadership post in the 119th Congress.

 

Health professionals bring unique insights to Congress, grounded in their experiences within the nation’s health care system. These candidates are poised to influence legislation that impacts millions of Americans.

 

Senate Democrats Question Pfizer, Eli Lilly on Telehealth Platforms-A group of Democratic senators led by Sen. Dick Durbin (D-Ill.) has sent letters to the CEOs of Pfizer and Eli Lilly inquiring as to whether the companies’ new advertising websites directing patients to telehealth platforms present a conflict of interest that could steer patients toward particular medications. The lawmakers express concern that such arrangements create “the potential for inappropriate prescribing that can increase spending for federal health care programs.” The letters request information about the specifics of the companies’ contracts with their telehealth platforms. They also ask for data on the percentage of patients who receive branded medications through the portals, and about the nature of patients’ visits with them. The letters were co-signed by Sens. Elizabeth Warren (D-Mass.), Bernie Sanders (I-Vt.), and Peter Welch (D-Vt.).

 

 

 

E&C GOP Examine HHS’ COVID-19 Public Health Campaign-Republicans on the House Energy and Commerce Committee have released a new report assessing the U.S. Department of Health and Human Services’ (HHS) “We Can Do This” COVID-19 public health campaign. The lawmakers characterize the public education campaign as a failure that led to a loss of public trust in HHS, and make the following recommendations:

  • Congress should consider formally authorizing the Centers for Disease Control and Prevention and clearly define the agency’s core mission.
  • HHS and its agencies should abide by the Food and Drug Administration’s (FDA) product labeling guidelines, and be barred from promoting information regarding an FDA-regulated product that does not reflect the FDA-approved label.
  • Congress should consider clarifying responsibility for evaluating the safety of vaccines and streamline existing reporting systems for capturing vaccine injuries and adverse reactions.
  • HHS and its agencies should embrace a culture of transparency and accountability.
  • HHS and public health officials should not attempt to silence dissenting scientific opinions.
  • HHS and its agencies should overhaul their website archival process to mimic that of prior White House administrations.

 

Democrats Submit Amicus Brief in Idaho EMTALA/Abortion Case-A group of 259 congressional Democrats are calling on the U.S. Court of Appeals for the Ninth Circuit to rule that the Emergency Medical Treatment and Labor Act (EMTALA) preempts conflicting abortion restrictions under state law. EMTALA requires hospitals that receive Medicare funding to provide stabilizing treatment to patients experiencing medical emergencies. The amicus brief urges the federal appeals court to affirm a lower court’s decision that EMTALA preempts an Idaho abortion ban that could otherwise lead to the prosecution of doctors who perform abortions in emergency situations. The lawmakers argue that EMTALA “makes clear that in situations in which a doctor determines that abortion constitutes the ‘[n]ecessary stabilizing treatment’ for a pregnant patient, federal law requires the hospital to offer it.” The Supreme Court sent the case back to the appeals court this summer.

 

 

 

NAM Welcomes 100 New Members-The National Academy of Medicine (NAM) announced the election of 100 new members during its annual meeting last week. New members are elected by current members through a process that recognizes individuals who have made major contributions to the advancement of the medical sciences, health care, and public health. The newly elected members bring NAM’s total membership to more than 2,400, including nearly 200 international members. The new class was praised by NAM President Victor J. Dzau as representing “the most exceptional researchers and leaders in health and medicine, who have made significant breakthroughs, led the response to major public health challenges, and advanced health equity.” More information on the newly elected NAM members can be found here.

 

GAO Makes 2024 PTAC Appointments-The Government Accountability Office (GAO) announced the appointment of two new members to the Physician-Focused Payment Model Technical Advisory Committee (PTAC) last week. The newly appointed members are Henish Bhansali, MD, FACP and Krishna Ramachandran, MBA, MS. Their terms will expire in 2027. Dr. Bhansali is board certified in internal medicine and obesity medicine, and currently works as Chief Medical Officer for Medical Home Network, an organization that partners with federally qualified health centers, primary care associations, and clinically integrated networks to support success in value-based care. Mr. Ramachandran is Senior Vice President of Health Transformation and Provider Adoption at Blue Shield of California. In addition, current members Lawrence R. Kosinski, MD, MBA and Soujanya R. Pulluru, MD have been reappointed to PTAC. Their terms will also expire in 2027.

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
 

 
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP Gonzalez-Colon (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

UPCOMING CONGRESSIONAL HEARINGS AND MARKUPS

Senate Judiciary Committee field hearing “Reducing Prescription Drug Prices: How Competition Can Make Medications Affordable for Patients;” Chicago, IL; 10:00 a.m.; October 29

 

Recently Introduced Health Legislation

H.R.10012-To amend title 38, United States Code, to include eyeglass lens fittings in the category of medical services authorized to be furnished to veterans under the Veterans Community Care Program, and for other purposes. Sponsor: Maloy, Celeste [Rep.-R-UT-2]; Committees: House-Veterans’ Affairs

 

H.R.10007-To amend the Immigration and Nationality Act to authorize the admission of nonimmigrant emergency medical technicians and paramedics. Sponsor: Higgins, Clay [Rep.-R-LA-3]; Committees: House-Judiciary

 

H.R.10006-To amend title XVIII of the Social Security Act to improve transparency with respect to the suspension of Medicare payments pending an investigation into a credible allegation of fraud. Sponsor: Harder, Josh [Rep.-D-CA-9]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.10000-To direct the Secretary of Veterans Affairs to ensure that sexual assault nurse examiners are employed at certain Department of Veterans Affairs medical facilities, and for other purposes. Sponsor: Burchett, Tim [Rep.-R-TN-2]; Committees: House-Veterans’ Affairs

 

H.R.9997-To name the Department of Veterans Affairs community-based outpatient clinic in Toms River, New Jersey, the Leonard G. ‘Bud’ Lomell, Jr. VA Clinic, and for other purposes. Sponsor: Smith, Christopher H. [Rep.-R-NJ-4]; Committees: House-Veterans’ Affairs

 

H.J.Res.216-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2025 and Updates to the IRF Quality Reporting Program”. Sponsor: Palmer, Gary J. [Rep.-R-AL-6]; Committees: House-Ways and Means; Energy and Commerce

 

H.Res.1550-Designating October 23, 2024, as “AADC Deficiency Awareness Day”; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Energy and Commerce

 

H.R.10030-To require hospitals, medical examiner offices, and coroner offices to report to the Consumer Product Safety Commission with respect to certain incidents involving the death or serious injury of a child, and for other purposes; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House-Energy and Commerce; Ways and Means

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DEA Sends Telehealth Extension Regulation to OMB for Review

DEA Sends Telehealth Extension Regulation to OMB for Review-The Drug Enforcement Administration (DEA) is expected to officially extend COVID-era flexibilities related to the prescribing of controlled substances via telemedicine. The agency recently sent a final rule titled “Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Substances” to the Office of Management and Budget (OMB) for review. Rules must be cleared by OMB prior to being published in the Federal Register, but there is no minimum time period for this review. Earlier this year, it was reported that the DEA was considering restricting providers’ ability to prescribe certain drugs virtually going forward. Such reports received pushback from both the U.S. Department of Health and Human Services as well as advocates for telehealth and substance use disorder treatment on Capitol Hill. It remains unclear whether the latest extension will contain any new guardrails on the prescription of controlled substances via telemedicine, and for how long the extension will last.

 

 

Lawmakers Urge Leadership to Prevent Physician Pay Cut-A bipartisan group of 233 members of the House of Representatives have sent a letter to House Speaker Mike Johnson (R-La.) and Minority Leader Hakeem Jeffries (D-N.Y.) stressing the need for Congress to act to stop an impeding 2.8% cut to Medicare physician payments. The lawmakers highlight that Medicare payment rates have fallen by 29% over the last two decades when adjusting for the costs of running a practice. The letter urges congressional leadership to move legislation to provide a permanent, annual inflationary update in Medicare equivalent to the Medicare Economic Index and to enact targeted reforms to statutory Medicare Physician Fee Schedule budget neutrality requirements.

 

 

Senate Panel Releases Report on MA Coverage Denials-The Senate Permanent Subcommittee on Investigations released a majority staff report last week examining the barriers Medicare Advantage (MA) enrollees face in accessing care, as well as the magnitude and scope of prior authorization requests and denials for particular types of care. The report is based on more than 280,000 pages of documents obtained by the panel from UnitedHealthcare, Humana, and CVS, which together represent approximately 60% of all MA patients. The investigation revealed that the three companies each denied prior authorization requests for post-acute care at much higher rates than other types of care. The use of prior authorization also grew significantly between 2020 and 2022, at the same time each company began to rely on technology to further automate the prior authorization process. The report states that while the subcommittee continues to investigate the use of predictive technologies by MA insurers, “the data obtained so far is troubling regardless of whether the decisions reflected in the data were the result of predictive technology or human discretion,” and that it suggests “MA insurers are intentionally targeting a costly but critical area of medicine-substituting judgment about medical necessity with a calculation about financial gain.”

 

 

Turner, Tonko Inquire About Buprenorphine Access Barriers-Co-chairs of the Addiction, Treatment and Recovery Caucus Reps. Mike Turner (R-Ohio) and Paul Tonko (D-N.Y.) are requesting information from certain health care stakeholders about access to treatment for opioid use disorder. The lawmakers have contacted dozens of hospitals, insurance plans, pharmacies, pharmacists, and providers about how to eliminate the barriers to accessing opioid use disorder medications that have arisen since passage of the Mainstreaming Addiction Treatment Act in 2022. The lawmakers intend for the inquiry to inform future legislation.

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
 

 
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP Gonzalez-Colon (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

Recently Introduced Health Legislation

H.Res.1540-Thanking and promoting the professions of perinatal nurses by encouraging participation in National Perinatal Nurses Week; Sponsor: Joyce, David P. [Rep.-R-OH-14]; Committees: House-Energy and Commerce

 

H.Res.1541-Expressing the sense of the House of Representatives regarding the relationships among firearm violence, misogyny, and violence against women, and reaffirming the importance of preventing individuals with a history of violence against women from accessing a firearm; Sponsor: Moore, Gwen [Rep.-D-WI-4]; Committees: House-Judiciary

 

H.R.9962-To establish a Gun Safety Board, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House-Energy and Commerce

 

H.R.9974-To amend title 10, United States Code, to expand the health care benefits available for Gold Star surviving spouses; Sponsor: Kaptur, Marcy [Rep.-D-OH-9]; Committees: House-Armed Services

 

H.R.9975-To direct the Comptroller General of the United States to conduct a study on insurance coverage of dyspraxia/developmental coordination disorder; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House-Energy and Commerce; Ways and Means; Oversight and Accountability

 

H.R.9977-To direct the Administrator of the United States Agency for International Development, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs to provide assistance for individuals affected by exposure to Agent Orange, and for other purposes; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House-Veterans’ Affairs; Foreign Affairs; Energy and Commerce

 

H.R.9979-To amend the Federal Food, Drug, and Cosmetic Act to establish a process for externally led, science-focused drug development meetings, and for other purposes. Sponsor: Matsui, Doris O. [Rep.-D-CA-7]; Committees: House-Energy and Commerce

 

H.R.9982-To require the Office of Children’s Health Protection to be maintained within the Environmental Protection Agency, and for other purposes; Sponsor: Nadler, Jerrold [Rep.-D-NY-12]; Committees: House-Energy and Commerce

 

H.Res.1544-Expressing support for the designation of September 22, 2024, as “National Hispanic Nurses Day” and recognizing the National Association of Hispanic Nurses as the leading organization representing and advocating for Hispanic nurses; Sponsor: Barragán, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce

 

H.R.9996-To amend title 38, United States Code, to make certain improvements to the laws relating to patient advocacy for patients who receive health care furnished by the Department of Veterans Affairs, and for other purposes; Sponsor: Yakym, Rudy [Rep.-R-IN-2]; Committees: House-Veterans’ Affairs

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Policymakers Spotlight GLP-1 Counterfeits, Costs

Policymakers Spotlight GLP-1 Counterfeits, Costs-A bipartisan group of House Energy and Commerce Committee members have sent a letter to the Food and Drug Administration (FDA) requesting a briefing from the agency about the presence of counterfeit Ozempic and other similar products in the nation’s medical supply chain. The lawmakers express concerns about potential gaps in supply chain security infrastructure, citing reports of the availability of counterfeit Ozempic injection products in both the legitimate supply chain and also via illegal channels. The letter requests a committee staff briefing from the agency by October 22.

 

In related news, the Congressional Budget Office (CBO) estimates that Medicare coverage of anti-obesity drugs would cost the program $35 billion over the next nine years. Were Medicare to expand coverage to include weight-loss treatments, CBO found that more than 12.5 million beneficiaries would be eligible for the drugs. The agency also stated its expectation that semaglutide would be selected for government price negotiations in 2025 because of its high cost to the Medicare Part D program. The Inflation Reduction Act required drugs be approved by the FDA for at least seven years prior to inclusion in the drug price negotiation program, and Ozempic, the first approved semaglutide product, will have been on the market for seven years by January 2025. Currently, Medicare is statutorily prohibited from paying for weight-loss drugs, though the program covers GLP-1s for other conditions.

 

Prior Authorization Bills Secure Bipartisan Majority Support-The Improving Seniors’ Timely Access to Care Act (H.R. 8702) has surpassed 218 cosponsors in the House of Representatives. This critical milestone means that the bill has secured support from a bipartisan majority of the chamber. The Senate bill (S.4532) previously achieved bipartisan majority support with the endorsement of 55 senators. The bill, which would streamline and standardize the use of prior authorization by Medicare Advantage plans, was unanimously passed by the House of Representatives in the 117th Congress but has not yet passed in the House or Senate in the 118th Congress.

 

Warren Raises Concerns About Novo Nordisk Merger-Sen. Elizabeth Warren (D-Mass.) is urging the Federal Trade Commission to closely scrutinize Novo Nordisk’s proposed merger with health contract development and manufacturing organization Catalent. Warren expresses concerns that the merger could reduce competition and result in higher prices for patients. “I am concerned that Novo Nordisk’s merger with Catalent will give Novo Nordisk unprecedented visibility into and control over its competitor’s production capacity, costs, and business practices, and the ability to preference its own products and obstruct its competitors’ use of Catalent to produce GLP-1 drugs,” Warren writes. She goes on to cite examples of Novo Nordisk’s prior efforts to restrict competition and maximize profits on these drugs.

 

Wyden Asks DOJ to Investigate Residential Treatment Centers-Senate Finance Committee Chairman Ron Wyden (D-Ore.) has asked the Department of Justice (DOJ) to investigate whether youth residential treatment facilities (RTFs) are providing adequate care to Medicaid beneficiaries. Wyden cites evidence of potential Medicaid fraud and civil rights violations uncovered by a two-year Finance Committee investigation into four RTF operators. The investigation found that children suffer “routine harms inside RTFs, including sexual, physical, and emotional abuse, unsafe and unsanitary conditions, inadequate provision of behavioral health treatment, and substandard educational activities.” Wyden asserts that this risk of harm to children in RTFs “is endemic to the operating model: to maximize per diem margins, RTF providers often offer minimal therapeutic treatment in deficient physical settings, understaffing and failing to train staff,” and that despite advertising short to medium-term duration stays, that children sometimes remain in facilities for many years. He refers the findings to the DOJ for consideration by the agency.

 

CMS Releases RFI on $2 Drug List Model-The Centers for Medicare and Medicaid Services (CMS) has released a request for information and a sample list of prescription drugs that the agency preliminarily intends to include under the proposed Medicare $2 Drug List Model. The model stems from President Biden’s Executive Order 14087, “Lowering Prescription Drug Costs for Americans” and will allow Part D beneficiaries to access certain generic drugs for a fixed copayment of no more than $2 for a month’s supply per drug. Participation in the model would be voluntary for Part D sponsors and could start as early as January 2027. The deadline to respond to the RFI is December 9, 2024.

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP Gonzalez-Colon (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

Recently Introduced Health Legislation

H.Res.1531-Expressing support for designation of the week of October 6, 2024, through October 12, 2024, as “Latex Allergy Awareness Week”; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Oversight and Accountability

 

H.R.9916-To direct the Comptroller General of the United States to conduct a study relating to 1-800-MEDICARE; Sponsor: De La Cruz, Monica [Rep.-R-TX-15]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.9924-To amend title 38, United States Code, to establish standard practices for a grant or pilot program administered by the Secretary of Veterans Affairs through the Veterans Health Administration, and for other purposes; Sponsor: Landsman, Greg [Rep.-D-OH-1]; Committees: House-Veterans’ Affairs

 

H.R.9929-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 certain corrections officers; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Judiciary

 

H.R.9938-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: Westerman, Bruce [Rep.-R-AR-4]; Committees: House-Energy and Commerce

 

H.R.9939-To direct the Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation, to conduct a study on existing efforts of hospitals with respect to electronic automated referrals for purposes of organ donation, and for other purposes; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House-Energy and Commerce

 

H.Res.1539-Recognizing the roles and the contributions of United States certified nurse-midwives and certified midwives in providing high-quality, evidence-based, and cost-effective health care services to women and childbearing families; Sponsor: Watson Coleman, Bonnie [Rep.-D-NJ-12]; Committees: House-Energy and Commerce

 

H.R.9942-To support the development, licensing, and initial manufacturing of a human vaccine for valley fever; Sponsor: Duarte, John S. [Rep.-R-CA-13]; Committees: House-Energy and Commerce

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Senators Maintain Spotlight on Steward Healthcare

Senators Maintain Spotlight on Steward Healthcare-A group of Massachusetts Democrats have sent a letter to the CEO of Rural Healthcare Group regarding the company’s acquisition of Steward Health Care’s physician group Stewardship Health. “We are concerned about the risks to Massachusetts residents and health professionals, who are still suffering from the private equity-induced damage of Steward’s collapse, if they were now at the mercy of another private equity firm intent on squeezing more profits out of our health care system,” the letter states. The lawmakers also express concerns about Rural Healthcare’s association with the software company NaviHealth, which is owned by UnitedHealth Group. NaviHealth is currently the subject of a class action lawsuit concerning its work to develop algorithms used by insurers to deny patient health care claims.

 

In related news, Dr. Ralph de la Torre, who was recently ousted as CEO of Steward, is suing the Senate Health, Education, Labor, and Pensions (HELP) Committee over the panel’s vote to hold him in contempt for refusing to testify before the committee about the impact of Steward’s bankruptcy on patients. The lawsuit argues that HELP violated de la Torre’s Fifth Amendment right against self-incrimination by threatening him with “criminal retribution” and “public humiliation.” De la Torre is asking the federal court to declare all actions related to enforcement of the HELP subpoena invalid and unconstitutional.

 

 

Comer Subpoenas HHS on Development of Alcohol Consumption Guidelines-House Oversight and Accountability Committee Chairman James Comer (R-Ky.) is subpoenaing the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA) for documents related to the development of 2025 Dietary Guidelines for Americans. Some lawmakers have expressed concern in recent months about a potential anti-alcohol bias at HHS. “Despite USDA’s shared responsibility for formulating the Dietary Guidelines and the National Academies of Sciences, Engineering, and Medicine directive to study alcohol intake and health, HHS appears to be taking improper authority over the development of the alcohol consumption guidelines,” a press release from the committee states. The subpoena follows previous requests from the panel regarding recommendations related to alcohol consumption in which the administration failed to produce the requested documents.

 

 

GAO Releases New Report on Hospital Price Transparency-The Government Accountability Office (GAO) has released a new report concluding that the Centers for Medicare and Medicaid Services (CMS) is in need of more information on hospital pricing data completeness and accuracy. The report examines implementation of hospital price reporting requirements, which first went into effect in 2021. GAO found that despite assessing more than $4 million in civil monetary penalties to 14 hospitals that failed to comply with the reporting requirements, CMS does not have a way to assure that the information provided by hospitals is sufficiently complete and accurate. In response to the new GAO report, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) reiterated her commitment to working with the Senate to enact the House-passed Lower Costs, More Transparency Act (H.R. 5378) before the end of the year.

 

 

Republicans Investigate ARPA-H Compliance with Civil Rights Laws-Republicans on the House Energy and Commerce and Education and the Workforce committees have written to Advanced Research Projects Agency for Health (ARPA-H) Director Renee Wegrzyn regarding ARPA-H’s research funding process. The lawmakers highlight the rise in antisemitism on college and university campuses, and request information about how ARPA-H is ensuring that institutions and individuals funded by its research projects comply with Title VI to ensure a harassment and discrimination-free environment. The lawmakers request a response from Wegrzyn by October 16.

 

 

Markey, Booker Urge FDA to Ban Phthalates from Food Contact Materials-Sens. Ed Markey (D-Mass.) and Cory Booker (D-N.J.) have sent a letter to the Food and Drug Administration urging the agency to restrict the use of phthalates in food contact materials (FCM). The letter details the evidence of harm stemming from exposure to phthalates, especially brain development in infants and children. “The FDA can revoke its authorizations for the use of phthalates in FCM independently or in response to formal requests filed by citizens,” the lawmakers state, “so we urge the FDA to revoke the regulations allowing phthalates in FCMs-either of its own volition or by granting pending objections and reconsidering its denial of the 2016 phthalates food additive petition and citizen petition.”

 

 

Congressional Staff Start New AI Policy Group-Congressional staffers have launched a new working group on issues related to artificial intelligence. The Congressional Staff Association on Artificial Intelligence (CSA.ai) is an official, bi-cameral, non-partisan organization whose mission “is to ensure that congressional staff are well-equipped to respond to the challenges and opportunities that AI presents.” Later this month, CSA.ai will hold the first event in a monthly speaker series titled “AI and the Rule of Law: Empowering Congressional Staff for Future Policy Challenges.” More information about the group can be found here.

 

 

CBO Releases New Part D Projections-The Congressional Budget Office (CBO) estimates that temporary subsidies announced by the Centers for Medicare and Medicaid Services earlier this year to offset Medicare Part D premiums will increase federal spending by $5 billion next year. This will also lead to an increase of $2 billion in net spending on interest over the next decade. CBO’s projections come in response to a request from Republican committee leaders on the House and Senate Budget committees, the Senate Finance Committee, the House Energy and Commerce Committee, and the House Ways and Means Committee.

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP Gonzalez-Colon (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

 

Recently Introduced Health Legislation

H.Res.1521-Expressing support for the designation of September 30, 2024, as “Rare Cancer Day” to highlight the challenges patients with rare cancers face and to raise awareness and support efforts to improve early diagnosis and treatment; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Energy and Commerce

 

H.R.9864-To amend the Federal Food, Drug, and Cosmetic Act to prohibit the introduction or delivery for introduction into interstate commerce of food packaging containing intentionally added PFAS, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Energy and Commerce

 

H.R.9865-To amend title 10, United States Code, to ensure that members of the Armed Forces and their families have access to the contraception they need in order to promote the health and readiness of all members of the Armed Forces; Sponsor: Escobar, Veronica [Rep.-D-TX-16]; Committees: House-Armed Services

 

H.R.9866-To direct the Secretary of Health and Human Services to conduct a study and submit to Congress a report on contraceptive access at community health centers in health care deserts; Sponsor: Hinson, Ashley [Rep.-R-IA-2]; Committees: House-Energy and Commerce

 

H.R.9870-To improve the provision of benefits and services to members of the Ready Reserve Corps of the Public Health Service, and for other purposes; Sponsor: Landsman, Greg [Rep.-D-OH-1]; Committees: House-Armed Services; Oversight and Accountability; Veterans’ Affairs; Energy and Commerce

 

H.R.9871-To establish grants to combat opioid trafficking; Sponsor: Larsen, Rick [Rep.-D-WA-2]; Committees: House-Judiciary

 

H.R.9872-To establish a program to address sickle cell disease and other heritable hemoglobinopathies; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House-Energy and Commerce

 

H.R.9874-To prohibit the performance of gender-related medical treatment on minors, to amend title XVIII of the Social Security Act to prohibit payment and participation under the Medicare program with respect to such treatment, and for other purposes; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House-Energy and Commerce; Judiciary; Ways and Means

 

H.R.9879-To amend the Controlled Substances Act to clarify how controlled substance analogues that are imported or offered for import are to be regulated, and for other purposes; Sponsor: Pfluger, August [Rep.-R-TX-11]; Committees: House-Energy and Commerce; Judiciary

 

H.R.9882-To amend title XIX of the Social Security Act to permit States to apply a work requirement for nondisabled, nonelderly, nonpregnant adults under Medicaid; Sponsor: Rosendale, Matthew M. [Rep.-R-MT-2]; Committees: House-Energy and Commerce

 

H.R.9886-To require the Administrator of the Drug Enforcement Administration to temporarily exempt buprenorphine from the Suspicious Orders Report System for the remainder of the opioid public health emergency; Sponsor: Tonko, Paul [Rep.-D-NY-20]; Committees: House-Energy and Commerce; Judiciary

 

H.Res.1527-Recognizing October 2024 as “American Pharmacists Month” in honor of the contribution of pharmacists to provide safe, accessible, affordable, and beneficial patient care services and products to all residents and protect the public health of our communities; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Energy and Commerce

 

H.R.9907-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: Omar, Ilhan [Rep.-D-MN-5]; Committees: House-Energy and Commerce; Education and the Workforce

Posted on

Congresses Extends Government Funding Through Dec. 20

Congresses Extends Government Funding Through Dec. 20-Congress successfully passed a continuing resolution (H.R.9747) extending government funding through December 20. The measure, which maintains funding at current levels, passed the Senate by a vote of 78-18 on Wednesday, after the House advanced the bill by a vote of 341-82 earlier in the day. Following passage of the stopgap spending bill, Congress recessed early to return to the campaign trail. Lawmakers are scheduled to return to Capitol Hill after the election on November 12. While House Speaker Mike Johnson (R-La.) has offered assurances that Congress will not rely on an end of year omnibus bill this year, some congressional appropriators have expressed skepticism about being able to avoid a large spending package. Lawmakers are scheduled to be in session for a short five-week lame duck period ahead of the December 20 deadline.

 

 

 

House Passes Slate of Health Care Legislation-The House of Representatives passed a number of bipartisan health care related bills last week, setting them up for further action by the Senate or possible inclusion in an end of year package:

  • R.3433, Give Kids a Chance Act of 2024
  • R.2706, Charlotte Woodward Organ Transplant Discrimination Prevention Act
  • R.3884, Sickle Cell Disease and Other Heritable Blood Disorders Research, Surveillance, Prevention, and Treatment Act of 2023
  • 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
  • R.6829, Cardiomyopathy Health Education, Awareness, and Research, and AED Training in the Schools (HEARTS) Act of 2024
  • R.5526, Seniors’ Access to Critical Medications Act of 2024

 

The chamber also passed three bills that previously passed the Senate and will now be sent to the President for his signature: S.1549, Congressional Budget Office Data Access Act, S.134, Alzheimer’s Accountability and Investment Act, S.133, National Alzheimer’s Project Act (NAPA) Reauthorization Action.

 

 

Congress Passes Congenital Heart Disease Research Bill-The House and Senate passed legislation (H.R.7189) last week reauthorizing the Centers for Disease Control and Prevention’s congenital heart disease research program through fiscal year 2029. The Congenital Heart Futures Reauthorization Act of 2024 passed the chamber by unanimous consent. The bill will now be sent to the President’s desk for his signature.

 

 

Senate Votes to Hold Steward CEO in Criminal Contempt-The Senate voted last week to hold the CEO of Steward Health Care in criminal contempt for his failure to comply with the Health, Education, Labor, and Pension Committee’s subpoena to appear before the panel and testify about the company’s bankruptcy. The resolution passed via unanimous consent. It is the first time in 50 years the Senate has passed a resolution to hold someone in criminal contempt. As a result of the vote, Dr. Ralph de la Torre will be referred for criminal prosecution to the U.S. Attorney for the District of Columbia.

 

 

Senate GOP Blocks Consideration of Emergency Abortion Bill-Senate Republicans blocked consideration of a resolution (S. Res.828) last week expressing the sense of the Senate that every patient has the right to emergency health care, including abortion care. The vote on the resolution, introduced by Sen. Patty Murray (D-Wash.), is a part of Senate Democrats’ effort to highlight Republicans’ stance on issues related to reproductive rights ahead of the November elections. In related news, Senate Finance Committee Chairman Ron Wyden (D-Ore.) has sent letters to eight hospitals regarding their compliance with the Emergency Medical Treatment and Active Labor Act (EMTALA). Wyden cites reports of cases in which the hospitals have refused to provide, or delayed, emergency abortion care to patients. The hospitals are all located in states with narrow bans on abortion.

 

 

Doc Caucus Details Year-End Priorities-The House GOP Doctors Caucus is prioritizing inclusion of policies championed by retiring members Brad Wenstrup, DPM (Ohio), Michael Burgess, MD (Texas), and Larry Bucshon, MD (Ind.) in a year-end health package. The key pieces of legislation include the Lower Costs, More Transparency Act (H.R.5378), the Treat and Reduce Obesity Act (H.R.4818), the Preventive Health Savings Act (H.R.766), and the Improving Senior’s Timely Access to Care Act (H.R.8702). During a recent Doc Caucus policy forum, the lawmakers predicted that an impeding 2.8% Medicare physician reimbursement cut would be averted by a short-term fix but acknowledged the need for long-term reform that could include an inflationary payment update and increase the budget-neutrality threshold. Looking forward to the 119th Congress, Rep. Mariannette Miller-Meeks, MD (R-Iowa) stated that the caucus would continue its work to put “patients first, not insurance companies, not pharmaceutical companies, not pharmacy benefit managers.”

 

 

 

Senators Urge Leadership to Act to Extend Telehealth Flexibilities-A bipartisan group of senators have sent a letter to Senate leadership urging them to act quickly to preserve patient access to telehealth flexibilities first instituted in response to the COVID pandemic. “If budget constraints make permanent policy out of reach, given the significant costs required to ramp up and provide high quality telehealth programs, Congress must provide the maximum extension possible at an adequate length for providers to make necessary investments,” Sens. Brian Schatz (D-Hawaii), Roger Wicker (R-Miss.), Ben Cardin (D-Md.), Cindy Hyde-Smith (R-Miss.), and Mark Warner (D-Va.) write. The letter also endorses payment parity between in-person and virtual care for federally qualified health centers and rural health clinics. Relatedly, Sen. Warner and Rep. Doris Matsui (D-Calif.) have confirmed that they are working to draft legislation that extends flexibilities around the prescribing of controlled substances via telemedicine. The lawmakers have expressed concerns about recent reporting around a forthcoming regulation from the Drug Enforcement Administration that may restrict access to certain treatments without an in-person patient visit to the prescriber.

 

 

 

Democrats Probe Weight Loss Drug Pricing-The Senate Health, Education, Labor, and Pensions (HELP) Committee released a majority staff report last week titled “Novo Nordisk’s Untenable Drug Pricing Strategy in America: Greed, Greed, Greed.” The report compares Novo Nordisk’s claims regarding its pricing strategy to information provided by health insurance plans and other stakeholders in the supply chain, concluding that the high prices of Ozempic and Wegovy cannot be justified by the need to fund future R&D and that Novo Nordisk’s high prices in the U.S. stem from “excessive corporate greed.” The report was released in conjunction with the Committee’s hearing on the price of Ozempic and Wegovy during which the panel heard testimony from Novo Nordisk CEO Lars Fruergaard Jorgensen. Jorgensen defended his company’s pricing methodology, arguing that lowering the list prices of Ozempic and Wegovy could make them harder to access because of the way the U.S. health care system is structured. The HELP majority staff report includes letters from the nation’s largest pharmacy benefit managers, who pledge that a list price reduction would not negatively impact formulary placement for Ozempic and Wegovy.

 

In related news, a bicameral group of Democrats have sent a letter to the U.S. Department of Health and Human Services (HHS) urging Secretary Xavier Becerra to issue generic licenses for semaglutide, the active ingredient in weight loss drugs Ozempic and Wegovy. The lawmakers argue that the government “has the clear authority to license generic competition on any patented invention used or manufactured by or for the United States” under its competitive licensing authority at 28 U.S.C. Section 1498. “You have the opportunity and responsibility to dramatically improve health care access and achieve substantial taxpayer savings by using Section 1498 to authorize generic competitors to Ozempic and Wegovy,” the letter states. “We strongly urge you to use your clear statutory authority and stand ready to assist in your efforts to deliver long overdue relief to American taxpayers and consumers.”

 

 

 

Wenstrup Issues Medical Supply Chain RFI-Reps. Brad Wenstrup DPM, (R-Ohio), Blake Moore (R-Utah), and August Pfluger (R-Texas) are requesting information on policies to secure and enhance domestic medical supply chains. The request for information (RFI) highlights the need for U.S. supply chains to be free from dependency on foreign adversaries as well as from foreign adversary interference and manipulation and solicits feedback on how Congress can better ensure the nation’s safety and security through strengthening U.S. medical supply chains. Responses should be submitted by October 4 to [email protected].

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP Gonzalez-Colon (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

Recently Introduced Health Legislation

H.Res.1479-Expressing support for the goals and ideas of “National Hydrocephalus Awareness Month” and “World Hydrocephalus Day”; Sponsor: Smith, Christopher H. [Rep.-R-NJ-4]; Committees: House-Energy and Commerce

 

H.Res.1481-Expressing support for the recognition of September 2024 as “National Children’s Emotional Wellness Month” and for increased public awareness regarding children’s emotional health and wellness; Sponsor: Kim, Young [Rep.-R-CA-40]; Committees: House-Energy and Commerce

 

H.R.9720-To direct the Director of the National Institute of Standards and Technology to update the national vulnerability database to reflect vulnerabilities to artificial intelligence systems, study the need for voluntary reporting related to artificial intelligence security and safety incidents, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Science, Space, and Technology

 

H.R.9737-To improve the tracking and processing of security and safety incidents and risks associated with artificial intelligence, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Science, Space, and Technology; Homeland Security; Intelligence (Permanent Select); Education and the Workforce

 

H.R.9740-To direct the Secretary of Defense to increase the maximum amount of contraceptive supplies provided to a beneficiary through the TRICARE Program; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Armed Services

 

H.R.9741-To direct the Secretary of Defense to ensure that beneficiaries and health care providers receive certain information regarding reproductive health care under the TRICARE program; Sponsor: Sherrill, Mikie [Rep.-D-NJ-11]; Committees: House-Armed Services

 

S.Res.837-An original resolution authorizing the President of the Senate to certify the report of the Committee on Health, Education, Labor, and Pensions of the Senate regarding the refusal of Dr. Ralph de la Torre to appear and testify before the Committee; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.840-A resolution supporting the designation of the week of September 15 through September 21, 2024, as “Telehealth Awareness Week”; Sponsor: Schatz, Brian [Sen.-D-HI]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.Res.841-A resolution designating September 2024 as “National Childhood Cancer Awareness Month”; Sponsor: Manchin, Joe, III [Sen.-I-WV]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.5141-A bill to provide for health coverage with no cost-sharing for additional breast screenings for certain individuals at greater risk for breast cancer; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5142-A bill to amend the Public Health Service Act with respect to the national program for traumatic brain injury surveillance and registries; Sponsor: Helmy, George S. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Con.Res.129-Supporting the designation of the week of September 22 through September 28, 2024, as “National Fall Prevention Awareness Week” to raise awareness about, and encourage the prevention of, falls among older adults; Sponsor: Frankel, Lois [Rep.-D-FL-22]; Committees: House-Energy and Commerce

 

H.R.9747-Continuing Appropriations and Extensions Act, 2025; Sponsor: Cole, Tom [Rep.-R-OK-4]; Committees: House-Appropriations; Budget

 

S.Res.846-A resolution commemorating the 30th anniversary of the eradication of wild poliovirus from the Americas; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Foreign Relations

 

S.5146-A bill to authorize the Secretary of Health and Human Services to award grants to schools of medicine or osteopathic medicine at historically Black colleges and universities and other minority-serving institutions for the purpose of increasing enrollment of medical students; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5150-A bill to require the Federal Trade Commission, with the concurrence of the Secretary of Health and Human Services acting through the Surgeon General, to implement a mental health warning label on social media platforms, and for other purposes; Sponsor: Britt, Katie Boyd [Sen.-R-AL]; Committees: Senate-Commerce, Science, and Transportation

 

S.5153-A bill to amend the Agricultural Marketing Act of 1946 to modify the definition of hemp, and for other purposes; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate-Agriculture, Nutrition, and Forestry

 

S.5154-A bill to amend title XVIII of the Social Security Act to clarify payment rules for manual wheelchairs under part B of the Medicare program; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate-Finance

 

S.5163-A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit for eldercare expenses; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Finance

 

H.Res.1494-Recognizing the threat of air pollution and extreme heat to maternal and infant health, and expressing the sense of the House of Representatives that meaningful interventions must be rapidly and equitably developed and deployed to address the unique vulnerabilities of pregnancy in Latino communities; Sponsor: Barragán, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce

 

H.Res.1495-Expressing support for the designation of September 2024 as “Sickle Cell Disease Awareness Month” in order to educate communities across the United States about sickle cell disease and the need for research, early detection methods, effective treatments, and preventative care programs with respect to complications from sickle cell disease and conditions related to sickle cell disease; Sponsor: Davis, Danny K. [Rep.-D-IL-7]; Committees: House-Energy and Commerce

 

H.R.9773-To amend title 38, United States Code, to eliminate copayments by the Department of Veterans Affairs for medicines relating to preventive health services, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Veterans’ Affairs

 

H.R.9774-To amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Ways and Means

 

H.R.9778-To amend title XVIII of the Social Security Act to include penicillin allergy verification and evaluation as part of the initial preventive physical examination under the Medicare program; Sponsor: Bucshon, Larry [Rep.-R-IN-8]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9782-To direct the Secretary of Health and Human Services to study and report on the relationship between hair straighteners and uterine cancer, particularly among women of color; Sponsor: Clarke, Yvette D. [Rep.-D-NY-9]; Committees: House-Energy and Commerce

 

H.R.9785-To require the Director of the Office of Management and Budget to submit to Congress an annual report on biomedical research funded by the United States and performed in China; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House-Energy and Commerce; Agriculture

 

H.R.9790-To amend the Controlled Substances Act to provide for the regulation of critical parts of tableting machines and encapsulating machines, and for other purposes; Sponsor: Stansbury, Melanie A. [Rep.-D-NM-1]; Committees: House-Energy and Commerce; Judiciary

 

S.Res.861-A resolution expressing support for the designation of September 2024 as “Sickle Cell Disease Awareness Month” in order to educate communities across the United States about sickle cell disease and the need for research, early detection methods, effective treatments, and preventative care programs with respect to complications from sickle cell disease and conditions related to sickle cell disease; Sponsor: Scott, Tim [Sen.-R-SC]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.867-A resolution designating September 2024 as “National Spinal Cord Injury Awareness Month”; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Judiciary

 

S.5164-A bill to extend the temporary scheduling order for fentanyl-related substances; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate-Judiciary

 

S.5173-A bill to amend title XVIII of the Social Security Act to provide for the treatment of critical access hospital services furnished by a critical access hospital located in a noncontiguous State; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate-Finance

 

S.5180-A bill to amend subtitle A of title XX of the Social Security Act to fund additional projects that focus on competency-based training for personal or home care aides, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Finance

 

S.5182-A bill to amend title XIX of the Social Security Act to require the collection of information regarding social determinants of health, and for other purposes; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate-Finance

 

S.5184-A bill to amend title XVIII of the Social Security Act to establish a floor on payments to sole community hospitals located in a non-contiguous State under the hospital outpatient prospective payment system; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate-Finance

 

S.5189-A bill to amend title XVIII of the Social Security Act to waive certain distance requirements for certain hospitals electing to be designated as critical access hospitals; Sponsor: Fischer, Deb [Sen.-R-NE]; Committees: Senate-Finance

 

S.5194-A bill to amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Finance

 

S.5203-A bill to require the Secretary of Health and Human Services to issue guidance on best practices for screening and treatment of congenital syphilis under Medicaid and the Children’s Health Insurance Program, and for other purposes; Sponsor: Heinrich, Martin [Sen.-D-NM]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5206-A bill to require a report on foreign investment in the pharmaceutical industry of the United States; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate-Banking, Housing, and Urban Affairs

 

S.5210-A bill to improve mental health services of the Department of Veterans Affairs, and for other purposes; Sponsor: Tester, Jon [Sen.-D-MT]; Committees: Senate-Veterans’ Affairs

 

S.5217-A bill to amend title 10, United States Code, to eliminate cost-sharing requirements for behavioral health care under TRICARE Reserve Select; Sponsor: Fetterman, John [Sen.-D-PA]; Committees: Senate-Armed Services

 

S.5218-A bill to amend titles XI and XVIII of the Social Security Act to strengthen, increase oversight of, and compliance with, security standards for health information, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Finance

 

S.5222-A bill to require the Secretary of Health and Human Services to implement a pandemic preparedness and response program using artificial intelligence; Sponsor: Rounds, Mike [Sen.-R-SD]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5226-A bill to establish a program to address sickle cell disease and other heritable hemoglobinopathies; Sponsor: Van Hollen, Chris [Sen.-D-MD]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5228-A bill to require the use of prescription drug monitoring programs; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5236-A bill to amend titles XIX and XXI of the Social Security Act to enhance financial support for rural and safety net hospitals providing maternity, labor, and delivery services to vulnerable populations, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Finance

 

S.5243-A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of cannabis and cannabinoid products, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5248-A bill to require hospitals participating in Medicaid or the Children’s Health Insurance Program to inquire whether a patient is a citizen or national of the United States, or in a satisfactory immigration status, as part of the patient admission and registration process, and for other purposes; Sponsor: Lee, Mike [Sen.-R-UT]; Committees: Senate-Finance

 

S.5255-A bill to require the Director of the Office of Management and Budget to submit to Congress an annual report on biomedical research funded by the United States and performed in China; Sponsor: Ernst, Joni [Sen.-R-IA]; Committees: Senate-Homeland Security and Governmental Affairs

 

S.5260-A bill to amend title XIX of the Social Security Act to require the Secretary of Health and Human Services to make certain information available on a public website relating to intermediate care facilities for individuals with intellectual disabilities certified for participation under the Medicaid program, and for other purposes; Sponsor: Kelly, Mark [Sen.-D-AZ]; Committees: Senate-Finance

 

S.5262-A bill to address maternity care shortages and promote optimal maternity outcomes by expanding access to birth centers and exploring more effective payment models for birth center care, and for other purposes; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate-Finance

 

S.5269-A bill to amend title 38, United States Code, to establish a commission to review operations at the Veterans Health Administration and submit to Congress reports with respect to that review, and for other purposes; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate-Veterans’ Affairs

 

S.5271-A bill to require the Administrator of the Drug Enforcement Administration to temporarily exempt buprenorphine from the Suspicious Orders Report System for the remainder of the opioid public health emergency; Sponsor: Heinrich, Martin [Sen.-D-NM]; Committees: Senate-Judiciary

 

S.5275-A bill to amend title XVIII of the Social Security Act to facilitate patient access to certain pediatric technologies; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate-Finance

 

S.5278-A bill to provide additional authorities for the leadership of the United States Agency for International Development in health technology innovation for global health in low-resource settings, and for other purposes; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Foreign Relations

 

S.5279-A bill to require the head of each agency to establish a plan relating to the safety of Federal employees and contractors physically present at certain worksites during a nationwide public health emergency declared for an infectious disease, and for other purposes; Sponsor: Warner, Mark R. [Sen.-D-VA]; Committees: Senate-Homeland Security and Governmental Affairs

 

H.Res.1502-Expressing support for the designation of October 1, 2024, as “National Latino Physician Day”; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.Res.1505-Expressing support for the designation of September 2024 as “National Polycystic Kidney Disease Awareness Month”, and raising awareness and understanding of polycystic kidney disease; Sponsor: Cleaver, Emanuel [Rep.-D-MO-5]; Committees: House-Energy and Commerce

 

H.Res.1508-Supporting the designation of September 2024 as “National Ovarian Cancer Awareness Month”; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Oversight and Accountability

 

H.Res.1511-Expressing support for the designation of September 2024 as “National Prostate Cancer Awareness Month”; Sponsor: Hunt, Wesley [Rep.-R-TX-38]; Committees: House-Energy and Commerce

 

H.Res.1514-Recognizing that cancer patients have the right to receive care that ensures effective prevention, early diagnosis, improved outcomes, optimal patient rehabilitation, and affordable health care; Sponsor: Napolitano, Grace F. [Rep.-D-CA-31]; Committees: House-Energy and Commerce

 

H.Res.1518-Supporting the goals and ideals of “Creutzfeldt-Jakob Disease (CJD) Awareness Day”; Sponsor: Valadao, David G. [Rep.-R-CA-22]; Committees: House-Energy and Commerce

 

H.R.9796-To direct the Secretary of Health and Human Services and the Secretary of Housing and Urban Development to jointly award grants for the purposes of improving access to, developing, or expanding services that provide an individual with transportation to or from substance use disorder treatment or supportive services; Sponsor: Bonamici, Suzanne [Rep.-D-OR-1]; Committees: House-Energy and Commerce; Financial Services

 

H.R.9802-To amend title XI of the Social Security Act to require the Secretary of Health and Human Services to verify whether a health care provider is licensed in good standing before issuing the provider a unique health identifier, and for other purposes; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9803-To amend title XVIII of the Social Security Act to ensure the integrity of hospice care furnished under the Medicare program, and for other purposes; Sponsor: Blumenauer, Earl [Rep.-D-OR-3]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.9805-To require the Secretary of Health and Human Services to establish a process to expand access to claims data under certain Federal health plans in order to facilitate research and quality improvement; Sponsor: Bucshon, Larry [Rep.-R-IN-8]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9807-To amend the Public Health Service Act to authorize a grant program to provide surge capacity for providers faced with increased unmet need for contraceptive care; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.R.9812-To direct the Secretary of Health and Human Services to award grants to States to establish, increase the availability of, and improve access to, qualified health care programs to increase and strengthen the health care workforce in such States; Sponsor: Comer, James [Rep.-R-KY-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9813-To require the head of each agency to establish a plan relating to the safety of Federal employees and contractors physically present at certain worksites during a nationwide public health emergency declared for an infectious disease, and for other purposes; Sponsor: Connolly, Gerald E. [Rep.-D-VA-11]; Committees: House-Oversight and Accountability; Budget

 

H.R.9817-To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to update and clarify its rule on substances generally recognized as safe, and for other purposes; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Energy and Commerce

 

H.R.9823-To amend title XVIII of the Social Security Act to waive certain distance requirements for certain hospitals electing to be designated as critical access hospitals; Sponsor: Flood, Mike [Rep.-R-NE-1]; Committees: House-Ways and Means

 

H.R.9828-To amend the Public Health Service Act to end the liability shield for vaccine manufacturers, and for other purposes; Sponsor: Gosar, Paul A. [Rep.-R-AZ-9]; Committees: House-Energy and Commerce

 

H.R.9840-To prohibit life insurance providers from discriminating based on a person’s status as a living kidney donor, and for other purposes; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House-Financial Services

 

H.R.9842-To amend the Public Health Service Act to maintain the Rural Communities Opioid Response Program, and for other purposes; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House-Energy and Commerce

 

H.R.9849-To amend the Public Health Service Act to address the shortage of medical laboratory personnel, and for other purposes; Sponsor: Ross, Deborah K. [Rep.-D-NC-2]; Committees: House-Energy and Commerce

 

H.R.9855-To amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration; Sponsor: Takano, Mark [Rep.-D-CA-39]; Committees: House-Veterans’ Affairs

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Government Funding Update

Government Funding Update-On Sunday, House Speaker Mike Johnson (R-La.) released a new continuing resolution (CR) to fund the government though December 20. The House is expected to vote on the CR mid-week followed by the Senate. This effort follows last week’s failed attempt to pass Speaker Johnson’s stopgap spending bill which would have funded the federal government through March 28, 2025, and included a provision to require voters to show proof of citizenship (H.R.8281). The bill failed on the House floor in a 202-220 vote, with 14 Republicans voting in opposition and two Republicans voting present. Democrats Don Davis (N.C.), Jared Golden (Maine), and Marie Gluesenkamp Perez (Wash.) voted in support of the legislation. Lawmakers have until the end of the fiscal year on September 30 to pass government funding legislation and avoid a federal government shutdown. The House Rules Committee is scheduled to meet on Monday afternoon to consider the Continuing Appropriations And Extensions Act, 2025 which also extends certain health and veterans funding that would otherwise expire on September 30. Senate Majority Leader Chuck Schumer (D-N.Y.) has taken steps to prepare a legislative vehicle for the Senate to lead on advancing a clean CR should the House fail to do so.

 

In the event of a shutdown, the U.S. Department of Health and Human Services’ 2024 contingency plan would furlough 45% of the Department’s staff. The Department would use carryover balances, third-party funding, and user fees to maintain COVID surveillance and drug development efforts; carryover balances would also be used by the Health Resources and Services Administration to keep programs running for a limited amount of time. The National Institutes of Health Clinical Center would operate at 90% of its normal patient load to continue to provide treatment for existing patients.

 

 

 

House Passes Slate of Health Care Legislation-The House of Representatives passed a number of health care related bills last week, setting them up for possible inclusion in an end of year package.

  • The LIVE Beneficiaries Act (H.R.8084) was passed by voice vote.
  • The Chronic Disease Flexible Coverage Act (H.R.3800) was passed by voice vote.
  • The TELEMH Act (H.R.7858) was passed by voice vote.
  • The Accelerating Kids’ Access to Care Act (H.R.4758) was passed by voice vote.
  • The Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act (H.R.7208) was passed by voice vote.
  • The Medicaid Program Improvement Act (H.R.8111) was passed by voice vote.
  • The Medicare and Medicaid Fraud Prevention Act (H.R.8089) was passed by voice vote.
  • The SPEAK Act (H.R.6033) was passed by voice vote.
  • The BOLD Infrastructure for Alzheimer’s Reauthorization Act (H.R.7218) was passed by voice vote.
  • The SIREN Reauthorization Act (S.265) was passed by voice vote.
  • The Poison Control Centers Reauthorization Act (S.4351) was passed by voice vote.
  • The DeOndra Dixon INCLUDE Project Act (H.R.7406) was passed by voice vote.
  • The Vietnam Veterans Liver Fluke Cancer Study Act (H.R.4424) was passed by voice vote.
  • R.6160, to reauthorize a lifespan respite care program, was passed by voice vote.
  • R.8112, to require certain additional provider screening under the Medicaid program, was passed by voice vote.
  • The Autism CARES Act (H.R.7213) was passed by a 402-13 vote.

 

 

 

E&C Marks Up Telehealth Extension and Other Health Bills-The House Energy and Commerce Committee held a markup last week to consider 16 pieces of legislation. Among the measures passed by the panel was a bill (H.R.7623) to extend COVID-era telehealth flexibilities for two years. The Telehealth Modernization Act extends flexibilities, including those related to geographic and originating site restrictions, practitioners eligible to furnish telehealth services, telehealth services for federally qualified health centers and rural health clinics, and the furnishing of audio-only telehealth services, through December 31, 2026. Such flexibilities are currently scheduled to expire on December 31, 2024. The package is offset by provisions to reform the pharmacy benefit manager industry. The bill passed by a vote of 41-0. The other health-related bills considered by the committee include:

  • H.R.8107,Ensuring Access to Medicaid Buy-in Programs Act, advanced by a vote of 43 to 0.
  • H.R.8108, to add a Medicaid State plan requirement with respect to the determination of residency of certain individuals serving in the Armed Forces, advanced by a vote of 42 to 0.
  • H.R.3433,Give Kids a Chance Act, advanced by a vote of 43 to 0. H.R.7155, United States-Abraham Accords Cooperation and Security Act, was included in the amendment in the nature of a substitute to H.R.3433.
  • H.R.7188,Shandra Eisenga Human Cell and Tissue Product Safety Act, advanced by a vote of 40-0.
  • H.R.3227,Ensuring Seniors’ Access to Quality Care Act, advanced by a vote of 20 to 18.
  • H.R.9067,Building America’s Health Care Workforce Act, advanced by a vote of 23 to 17.

 

 

Senate GOP Blocks Consideration of IVF Bill-Senate Republicans again blocked consideration of legislation (S.4445) to create a legal right for patients to access and providers to use fertility treatments last week. The Right to IVF Act would also provide for coverage of fertility treatments for Medicare and Medicaid beneficiaries and for members of the uniformed services and veterans, as well as require private insurers that cover obstetrical services to also cover fertility treatments. The 51-44 vote fell short of the 60-vote threshold necessary for consideration of legislation on the Senate floor. Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) joined Democrats in voting in support of the bill. The same legislation was blocked by Senate Republicans in June by a 48-47 vote. Senate Majority Leader Chuck Schumer (D-N.Y.) intended for the votes to highlight Republicans’ stance on issues related to reproductive rights ahead of the November elections. Republicans have argued that the measure is unnecessary and overly broad.

 

 

 

HELP Votes to Hold Steward CEO in Contempt-The Senate Health, Education, Labor, and Pensions (HELP) Committee voted to hold the CEO of Steward Healthcare in contempt of Congress last week. The vote followed Dr. Ralph de la Torre’s refusal to comply with a subpoena to appear before the committee to discuss Steward’s bankruptcy and the subsequent impact on patients. The panel voted 20-0 on two resolutions: the first instructs the Senate legal counsel to bring a civil suit compelling de la Torre to testify; the second refers the matter to the U.S. Attorney for the District of Columbia to criminally prosecute de la Torre for failing to honor the subpoena. The pair of resolutions will now advance to the full Senate for consideration.

 

 

 

Senators Press DOD About Reliance on Foreign Pharmaceuticals-A bipartisan group of senators led by Elizabeth Warren (D-Mass.) have sent a letter to Secretary of Defense Lloyd Austin regarding the Department’s reliance on foreign pharmaceutical products. The lawmakers express concerns about the impact of a 2020 court decision loosening Buy American requirements for federal agency purchasing decisions on the military drug supply chain. “As witnessed by the COVID-19 pandemic, an over-reliance on foreign countries for critical materials, including pharmaceuticals, leaves the U.S. vulnerable to international supply shocks,” the lawmakers argue. The letter was signed by Sens. Rick Scott (R-Fla.), Marco Rubio (R-Fla.), Joni Ernst (R-Iowa), Chris Murphy (D-Conn.), and Mike Rounds (R-S.D.). They request information about the Department of Defense’s pharmaceutical acquisition strategy by September 30.

 

 

Democrats Push for Extension of Enhanced Premium Tax Credits-A bicameral group of Democrats have written to congressional leadership urging them to extend the enhanced Affordable Care Act health insurance premium tax credits, which are currently set to expire at the end of the year. The lawmakers warn that if the tax credits are allowed to expire “over 20 million Americans will see a sudden increase in their health insurance costs, an estimated three million Americans could lose their health insurance entirely and nearly nine million people will pay more-roughly $406 per person-for coverage.” The letter was led by Sen. Jeanne Shaheen (D-N.H.) and Rep. Lauren Underwood (D-Ill.) and signed by 195 congressional Democrats.

 

 

Harris Elected New House Freedom Caucus Chairman-Rep. Andy Harris, M.D. (R-Md.) has been elected as the leader of the House Freedom Caucus through the end of this year. He will replace Rep. Bob Good (R-Va.), who lost his primary race earlier this year. Harris currently chairs the House Appropriations Subcommittee on Agriculture-FDA, where he has sought steep cuts to the Food and Drug Administration. Harris will have to run again in December when the Caucus elects their chair for the 119th Congress.

 

 

 

AHRQ Releases Report to Congress on Sepsis-The Agency for Healthcare Research and Quality (AHRQ) has issued a new report to Congress on the burden of sepsis in U.S. hospital care. According to the report, the number of sepsis-related inpatient stays at non-federal acute care hospitals in the United States increased from 1.8 million in 2016 to 2.5 million in 2021. The report comes in response to the Consolidated Appropriations Act for Fiscal Year 2023, which directed AHRQ to conduct a comprehensive set of studies related to sepsis. AHRQ examines sepsis among all patients as well as among specific patient populations, including adults, pregnant women, children, and newborns.  The agency also explores the association of pandemic-related changes in the health care system with the burden of sepsis. The report details how COVID-19 led to a noticeable rise in sepsis-related hospitalizations, hospital costs, and in-hospital mortality, particularly for patients with a COVID diagnosis. In related news, the Food and Drug Administration is expected to release new guidance on sepsis screening for potential tissue donors in the coming weeks.

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
 

 
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP González-Colón (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

 

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

 

Senate Finance Committee hearing “Chaos and Control: How Trump Criminalized Women’s Health Care;” 10:00 a.m.; September 24

 

House Veterans’ Affairs oversight hearing “Everyday Heroes: Supporting the Veteran Caregiver Community;” 10:15 a.m.; September 25

 

Senate HELP Subcommittee on Employment and Workplace Safety hearing “Reading the Room: Preparing Workers for AI;” 2:00 p.m.; September 25

 

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “Ensuring Timely Access: Challenges in VA Scheduling;” 9:00 a.m.; September 26

 

Senate HELP Committee executive session to consider S.2305,Biosimilar Red Tape Elimination Act;S.2780,Medication Affordability and Patent Integrity Act;S.4436,Protect Infant Formula from Contamination Act;S.4583,Creating Hope Reauthorization Act;S._,Medical Graduate Investment Act;andS.5103,Food and Drug Administration Foods Accountability Act;10:00 a.m.; September 26

 

Senate Judiciary Committee executive session to consider the PREVAIL Act (S.2220), Patent Eligibility Restoration Act (S.2140); and IDEA Act (S.2713); 10:00 a.m.; September 26

 

Senate Environment and Public Works Subcommittee on Superfund, Waste Management, and Regulatory Oversight hearing to examine the public health impacts of PFAS exposures; 10:00 a.m.; September 26

 

House Oversight and Accountability Subcommittee on Health Care and Financial Services hearing “Meddling with Medicare: The Biden-Harris Cover-Up;” 2:00 p.m.; September 26

 

Recently Introduced Health Legislation

S.5056-A bill to amend the Controlled Substances Act to clarify how controlled substance analogues that are imported or offered for import are to be regulated, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate-Judiciary

 

H.R.9598-To amend the Office of National Drug Control Policy Reauthorization Act to reauthorize such Office, and for other purposes; Sponsor: Comer, James [Rep.-R-KY-1]; Committees: House-Oversight and Accountability

 

S.5070-A bill to amend title XIX of the Social Security Act to remove certain age restrictions on Medicaid eligibility for working adults with disabilities; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Finance

 

H.Res.1458-Recognizing the contributions of medical research and observing “Medical Research Week” from September 16 through September 20, 2024; Sponsor: Carson, André [Rep.-D-IN-7]; Committees: House-Energy and Commerce

 

H.R.9616-To amend the Federal Food, Drug, and Cosmetic Act to provide for the prompt approval of drugs when safety information is added to labeling, and for other purposes; Sponsor: Barragan, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce

 

H.R.9622-To improve access to oral health care for vulnerable and underserved populations; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Energy and Commerce; Ways and Means; Judiciary; Natural Resources; Veterans’ Affairs

 

H.R.9626-To direct the Department of Defense to develop a plan for the establishment of a secure computing and data storage environment for the testing of artificial intelligence trained on biological data, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

 

H.R.9627-To direct the Secretary of Defense to develop a biotechnology roadmap to guide the efforts of the Department of Defense relating to biotechnology, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

 

H.R.9628-To direct the Secretary of Defense to collaborate with a federally funded research and development center to assess the biotechnology capabilities of adversaries of the United States, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

 

H.R.9629-To amend title 10, United States Code, to expand the exception to the licensure requirement for certain health care professionals providing certain examinations to members of the reserve components; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Armed Services

 

H.R.9631-To provide for the establishment or expansion of Food as Medicine programs, and for other purposes; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House-Energy and Commerce; Agriculture

 

H.R.9634-To amend the Public Health Service Act to prohibit the National Institutes of Health from conducting or supporting research that causes significant pain or distress to a nonhuman primate, and for other purposes; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House-Energy and Commerce

 

H.R.9643-To protect and expand nationwide access to fertility treatment, including in vitro fertilization; Sponsor: Wild, Susan [Rep.-D-PA-7]; Committees: House-Energy and Commerce; Veterans’ Affairs; Armed Services; Education and the Workforce; Ways and Means; Oversight and Accountability

 

S.Res.828-A resolution expressing the sense of the Senate that every person has the basic right to emergency health care, including abortion care; Sponsor: Murray, Patty [Sen.-D-WA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5097-A bill to amend title XIX of the Social Security Act to establish a demonstration project to improve outpatient clinical care for individuals with sickle cell disease; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Finance

 

H.R.9645-To require the Inspector General of the Department of Health and Human Services to submit a report on Medicare and Medicaid fraud; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9656-To amend the Public Health Service Act to ensure area career and technical education schools are eligible for mental health and substance use disorder service grants; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House-Energy and Commerce

 

H.R.9660-To provide protections from prosecution for drug possession to individuals who seek medical assistance when witnessing or experiencing an overdose, and for other purposes; Sponsor: Neguse, Joe [Rep.-D-CO-2]; Committees: House-Judiciary; Energy and Commerce

 

S.Res.832-A resolution supporting the designation of September 19, 2024, as “National Stillbirth Prevention Day”, recognizing tens of thousands of families in the United States that have endured a stillbirth, and seizing the opportunity to keep other families from experiencing the same tragedy; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5112-A bill to amend title XVIII of the Social Security Act to provide payment for crisis stabilization services under the prospective payment system for hospital outpatient department services; Sponsor: Cortez-Masto, Catherine [Sen.-D-NV]; Committees: Senate-Finance

 

S.5130-A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the Comprehensive Opioid Abuse Grant Program, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D-WA]; Committees: Senate-Judiciary

 

H.Res.1474-Supporting the designation of September 19, 2024, as “National Stillbirth Prevention Day”, recognizing tens of thousands of families in the United States that have endured a stillbirth, and seizing the opportunity to keep other families from experiencing the same tragedy; Sponsor: Hinson, Ashley [Rep.-R-IA-2]; Committees: House-Energy and Commerce

 

H.R.9684-To establish a grant program to facilitate peer-to-peer mental health support programs for secondary school students, and for other purposes; Sponsor: Beyer, Donald S. [Rep.-D-VA-8]; Committees: House-Energy and Commerce; Education and the Workforce

 

H.R.9686-To amend the Congressional Budget and Impoundment Control Act of 1974 to codify the Panel of Health Advisors within the Congressional Budget Office, and for other purposes; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House-Budget

 

H.R.9688-To amend titles XIX and XXI of the Social Security Act to provide for continuous eligibility for certain children under the Medicaid program and the Children’s Health Insurance Program; Sponsor: Castor, Kathy [Rep.-D-FL-14]; Committees: House-Energy and Commerce

 

H.R.9708-To ensure affordable health insurance coverage for low-income individuals in States that have not expanded Medicaid; Sponsor: Sewell, Terri A. [Rep.-D-AL-7]; Committees: House-Energy and Commerce; Ways and Means

Posted on

House Speaker Pulls Proposed CR Amidst GOP Opposition

House Speaker Pulls Proposed CR Amidst GOP Opposition-The House of Representatives cancelled a planned vote on a six-month continuing resolution (CR) last week due to internal disagreements amongst the Republican conference. House Speaker Mike Johnson (R-La.) stated that lawmakers would be working through the weekend to negotiate a stopgap spending bill that keeps the government open beyond the end of the fiscal year (FY) on September 30. The proposal released by House GOP leadership would have extended funding at FY 2024 levels through March 28, 2025. The CR also included Safeguard American Voter Eligibility (SAVE) Act (H.R.8281) requiring voters to show documentation of U.S. citizenship. Some GOP House members expressed opposition to continuing current funding levels, while others argued that the spending package should only last into December. Democrats are united in support of a clean, short-term CR that extends into the post-election lame duck session, and Senate Majority Leader Chuck Schumer (D-N.Y.) has said that his chamber will seek to pass a short-term spending patch free from any “poison pill” policy riders like the SAVE Act. Lawmakers have nine days in session before they are scheduled to return to the campaign trail for all of October.

 

 

 

 

House Passes BIOSECURE Bill-The House of Representatives passed BIOSECURE Act (H.R.8333) under suspension of the rules last week as a part of the chamber’s series of votes on 28 bills related to China. H.R.8333 would prohibit Chinese biotechnology companies of concern, or companies that use equipment or services from biotechnology companies of concern, from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. The bill was passed in a 306-81 vote, with 79 Democrats and two Republicans voting against the measure. BIOSECURE was opposed by House Democratic Leader Hakeem Jefferies (D-N.Y.) and House Rules Committee Ranking Member Jim McGovern (D-Mass.), who expressed concerns that the bill singled out certain companies without due process. The legislation would initially impact BGI Group, MGI, Complete Genomics, WuXi AppTec, and WuXi Biologics. The House also passed legislation requiring Senate approval of global pandemic agreements. The No WHO Pandemic Preparedness Treaty Without Senate Approval Act (H.R.1425) passed 219-199 in a largely party-line vote.

 

 

Education & Workforce Panel Advances Three Health Bills-The House Education and Workforce Committee marked up three health care related bills last week. The Healthy Competition for Better Care Act (H.R.3120) would permit more flexible contracting arrangements between health plans and providers, allowing insurers to enter into agreements with physicians and hospitals without having to contract with all the affiliated facilities across a health system. H.R.3120 was advanced by voice vote. The Transparent Telehealth Bills Act (H.R.9457) would ban hospitals from charging facility fees for care provided virtually. The bill was advanced in a 34-0 vote. The committee also advanced a resolution (H.J. Res.181) to reinstate a Trump-era insurance standard that was recently rescinded by the Biden administration. The policy expands access to association health plans, which are not required to adhere to certain Affordable Care Act coverage requirements and consumer protections. It was advanced in a 23-12 party-line vote.

 

 

House Panel Passes AI-Related Legislation-The House Committee on Science, Space, and Technology advanced nine bills last week to support the advancement of artificial intelligence (AI). Included in the markup was the Nucleic Acid Screening for Biosecurity Act (H.R.9194), which would authorize consortium activities at the National Institute of Standards and Technology to support the development and improvement of best practices and technical standards for biosecurity measures related to nucleic acid synthesis. The bill was favorably reported by voice vote.

 

 

HELP Schedules Vote to Hold Steward CEO In Contempt-Sen. Ed. Markey (D-Mass.) released a report last week on Steward Health Care, How Corporate Greed Hurt Patients, Health Workers, and Communities. Markey highlights patient and worker experiences, hospital quality data, and information on hospital closures in Massachusetts and around the country, citing Steward as “a case study of the extent of harm that corporate greed can have on health care access, quality, and safety.” According to the report, patients in Steward-owned hospitals experienced longer wait times in emergency departments and often worse outcomes compared to national averages. Markey has argued that the report “makes the case for why we need permanent guardrails against corporate greed in health care.”

 

Markey’s report was released the day prior to the Senate Health, Education, Labor, and Pensions (HELP) Committee’s hearing on the bankruptcy of Steward Health Care and the subsequent impact on patient care. Steward CEO Dr. Ralph de la Torre defied the panel’s subpoena to testify. It was the first subpoena issued by the panel since 1981. Committee leadership has now scheduled two votes for September 19: one for civil enforcement of the subpoena, and another for criminal contempt. If approved, the resolutions would be voted on by the full Senate. Depending on the outcome of the votes, the case could be referred to the U.S. Attorney for the District of Columbia, who could prosecute de la Torre for failure to comply with the subpoena.

 

 

 

E&C GOP Write CMS on Part D Stabilization Program-House Energy and Commerce Committee Republicans have sent a letter to the Centers for Medicare and Medicaid Services (CMS) outlining their concerns with the Medicare Part D premium stabilization demonstration program. The demonstration aims to address Medicare prescription drug plan premium growth over the next three years. The lawmakers argue that the demonstration could impact the viability of Medicare Part D in the long run, citing CMS’ estimate that the program will cost $5 billion in 2025, and “possibly much more in subsequent years.” The letter poses a series of questions for the agency and requests a response from CMS by October 4.

 

 

Cassidy Raises Concerns Regarding Implementation of Organ Donation System Reforms-Senate Health, Education, Labor, and Pensions Committee Ranking Member Bill Cassidy (R-La.) sent a letter to the Health Resources and Services Administration (HRSA) last week urging the agency to more quickly implement reforms to the nation’s organ transplant system that were mandated last year in the Securing the U.S. Organ Procurement and Transplantation Network Act. Amongst other questions, Cassidy asks HRSA to provide details about when it plans to hold a special election for new Organ Procurement and Transplantation Network (OPTN) board members, and about how the OPTN will ensure future both future and current board members do not have any conflicts of interest. Cassidy requests a response from HRSA by September 24. Cassidy’s inquiry was sent the same day as a House Energy and Commerce Subcommittee on Oversight and Investigations hearing on current efforts to improve the U.S. organ transplant system.

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP González-Colón (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

Upcoming Congressional Hearings and Markups

Senate Finance Committee hearing “Lower Health Care Costs for Americans: Understanding the Benefits of the Inflation Reduction Act;” 10:00 a.m.; September 17

 

Senate Judiciary Subcommittee on Privacy, Technology, and the Law hearing “Oversight of AI: Insiders’ Perspectives;” 2:00 p.m.; September 17

 

Senate Homeland Security and Governmental Affairs Committee continuation of July 24 and July 31 markup of pending legislation including S.4667, Risky Research Review Act; S.4697, Healthcare Cybersecurity Act; and S.4651, Securing America’s Federal Equipment (SAFE) in Supply Chains Act; 10:00 a.m.; September 18

 

House Ways and Means Subcommittee on Health hearing “Investing in a Healthier America: Chronic Disease Prevention and Treatment;” 2:00 p.m.; September 18

 

House Veterans’ Affairs Subcommittee on Health markup of pending legislation; 2:30 p.m.; September 18

 

House Veterans’ Affairs Subcommittee on Health hearing “Dial 988 +1: Examining the Operations of the Veterans Crisis Line;” 2:45 p.m.; September 18

 

Senate HELP Committee executive session regarding the refusal of Dr. Ralph de la Torre to appear and testify before the Committee; 10:00 a.m.; September 19

 

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.9457-To amend the Employee Retirement Income Security Act of 1974 to prohibit increased payments under a group health plan or group health insurance coverage for telehealth services furnished by a provider located at a facility; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House-Education and the Workforce; Energy and Commerce

 

H.R.9463-To amend title 38, United States Code, to require that non-citizen appointees to positions in the Veterans Health Administration are subjected to background investigations prior to employment; Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Veterans’ Affairs

 

H.R.9466-To direct the National Institute of Standards and Technology to catalog and evaluate emerging practices and norms for communicating certain characteristics of artificial intelligence systems, including relating to transparency, robustness, resilience, security, safety, and usability, and for other purposes; Sponsor: Baird, James R. [Rep.-R-IN-4]; Committees: House-Science, Space, and Technology

 

H.R.9475-To authorize the Director of the National Science Foundation to identify grand challenges and award competitive prizes for artificial intelligence research and development; Sponsor: Lieu, Ted [Rep.-D-CA-36]; Committees: House-Science, Space, and Technology

 

H.R.9478-To amend title 38, United States Code, to include adaptive prostheses and terminal devices for sports and other recreational activities in the medical services furnished to eligible veterans by the Secretary of Veterans Affairs; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Veterans’ Affairs

 

H.R.9479-To amend the Internal Revenue Code of 1986 to establish a refundable credit for expenses incurred for in vitro fertilization; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House-Ways and Means

 

H.R.9484-To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes; Sponsor: McMorris Rodgers, Cathy [Rep.-R-WA-5]; Committees: House-Veterans’ Affairs

 

H.R.9485-To amend title 38, United States Code, to permit the voluntary transmission of patient contact information to certain religious or faith-based organizations by chaplains employed by the Department of Veterans Affairs, and for other purposes; Sponsor: Self, Keith [Rep.-R-TX-3]; Committees: House-Veterans’ Affairs

 

H.R.9493-To name the Department of Veterans Affairs community-based outpatient clinic in Las Cruces, New Mexico, the “Las Cruces Bataan Memorial Clinic”; Sponsor: Vasquez, Gabe [Rep.-D-NM-2]; Committees: House-Veterans’ Affairs

 

H.Res.1428-Supporting the designation of the week of September 15, 2024, through September 21, 2024, as “Telehealth Awareness Week”; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House-Energy and Commerce

 

H.R.9494-Sponsor: Higgins, Clay [Rep.-R-LA-3]; Committees: House-Appropriations; Budget

 

H.R.9496-To amend title 38, United States Code, to include a representative of the National Association of State Veterans Homes on the Geriatrics and Gerontology Advisory Committee of the Department of Veterans Affairs; Sponsor: Chavez-DeRemer, Lori [Rep.-R-OR-5]; Committees: House-Veterans’ Affairs

 

H.R.9497-To amend the National Artificial Intelligence Initiative Act of 2020 to establish a center on artificial intelligence to ensure continued United States leadership in research, development, and evaluation of the robustness, resilience, and safety of artificial intelligence systems, and for other purposes; Sponsor: Obernolte, Jay [Rep.-R-CA-23]; Committees: House-Science, Space, and Technology

 

H.R.9508-To amend the Internal Revenue Code of 1986 to allow certain veterinary expenses for pets and service animals to be treated as amounts paid for medical care for purposes of a health savings account or flexible savings account; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House-Ways and Means

 

H.Res.1432-Expressing support for the designation of September 10, 2024, as “National Firearm Suicide Prevention Day” to educate about the growing firearm suicide crisis in the United States and promote the importance of storing firearms safely and securely as an essential component of suicide prevention; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House-Energy and Commerce

 

H.Res.1436-Recognizing suicide as a serious public health problem and expressing support for the designation of September as “National Suicide Prevention Month” as well as September 10, 2024, as “World Suicide Prevention Day”; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Energy and Commerce

 

H.R.9520-To require the National Cyber Director to submit to Congress a plan to establish an institute within the Federal Government to serve as a centralized resource and training center for Federal cyber workforce development; Sponsor: Fallon, Pat [Rep.-R-TX-4]; Committees: House-Oversight and Accountability

 

H.R.9529-To provide funding for skilled nursing facility and nursing facility survey and certification activities under the Medicare and Medicaid programs; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Appropriations

 

S.Res.809-A resolution supporting the designation of September 13, 2024, as “National Sepsis Day”; Sponsor: Schumer, Charles E. [Sen.-D-NY]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5018-A bill to amend title XVIII of the Social Security Act to clarify and preserve the breadth of the protections under the Medicare Secondary Payer Act; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate-Finance

 

S.5021-A bill to ensure the accessibility of drugs furnished through the drug discount program under section 340B of the Public Health Service Act; Sponsor: Welch, Peter [Sen.-D-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5023-A bill to amend the Older Americans Act of 1965 to improve falls prevention research and activities, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5025-A bill to amend the Federal Fire Prevention and Control Act of 1974 to make available under the assistance to firefighters grant program the establishment of cancer prevention programs, and for other purposes; Sponsor: Helmy, George S. [Sen.-D-NJ]; Committees: Senate-Homeland Security and Governmental Affairs

 

S.5026-A bill to establish programs to reduce rates of sepsis; Sponsor: Schumer, Charles E. [Sen.-D-NY]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.R.9540-To amend the Controlled Substances Act to require regulated persons to identify tableting machines and encapsulating machines by serial number; Sponsor: Hageman, Harriet M. [Rep.-R-WY-At Large]; Committees: House-Energy and Commerce; Judiciary

 

S.Res.812-A resolution supporting the designation of September 20, 2024, as “National Concussion Awareness Day”; Sponsor: Hassan, Margaret Wood [Sen.-D-NH]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5029-A bill to amend title XI of the Social Security Act to establish a research and development-intensive small biotech manufacturer exception from the Medicare drug price negotiation program; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate-Finance

 

S.5035-A bill to amend title 38, United States Code, to establish an external provider scheduling program to assist the Department of Veterans Affairs in scheduling appointments for care and services under the Veterans Community Care Program, and for other purposes; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate-Veterans’ Affairs

 

S.5040-A bill to provide for the regulation of certain communications regarding prescription drugs; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.5044-A bill to authorize grants to implement school-community partnerships for preventing substance use and misuse among youth; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Judiciary

 

S.5046-A bill to require the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to publish a final rule relating to nonclinical testing methods; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Res.1444-Acknowledging and thanking America’s birth centers for their high quality and high value model of health care, and expressing support for the recognition of the week of September 14 through 20, 2024, as “National Birth Center Week”; Sponsor: Kim, Young [Rep.-R-CA-40]; Committees: House-Energy and Commerce

 

H.Res.1446-Denouncing the human trafficking and forced labor of and profiteering from Cuban medical personnel serving in third-world countries; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Foreign Affairs; Judiciary

 

H.Res.1448-Expressing the sense of the House of Representatives that every person has the basic right to emergency health care, including abortion care; Sponsor: Sykes, Emilia Strong [Rep.-D-OH-13]; Committees: House-Energy and Commerce

 

H.R.9550-To amend the Child Nutrition Act of 1966 to require the provision of training and information to certain personnel relating to food allergy identification and response, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House-Education and the Workforce

 

H.R.9572-To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to increase penalties for group health plans and health insurance issuers for practices that violate balance billing requirements, and for other purposes; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House-Energy and Commerce; Ways and Means; Education and the Workforce

 

H.R.9577-To amend the Public Health Service Act to establish a grant program to support models for providing stabilization services to individuals with serious thoughts of suicide, and for other purposes; Sponsor: Raskin, Jamie [Rep.-D-MD-8]; Committees: House-Energy and Commerce

 

H.R.9581-To amend the Public Health Service Act to establish the Substance Use Disorder Treatment and Behavioral and Mental Health Workforce Scholarship Program, and for other purposes; Sponsor: Salinas, Andrea [Rep.-D-OR-6]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9586-To prohibit Federal funds from being used to provide certain gender transition procedures to individuals in the custody of the Department of Homeland Security and the Department of Health and Human Services; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House-Energy and Commerce; Judiciary

 

Posted on

House Republicans Release CR

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

 

 

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

 

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

 

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

 

 

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

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP González-Colón (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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House Plans Votes on China Legislation

House Plans Votes on China Legislation-House Republican leadership informed GOP members last week to expect a series of votes early this month on legislation relating to China, including the BIOESECURE Act (H.R.8333). The legislation would prohibit Chinese biotechnology companies of concern, or companies that use equipment or services from biotechnology companies of concern, from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. BIOSECURE, which was advanced by the House Oversight Committee in a 40-1 vote, would initially impact BGI Group, MGI, Complete Genomics, WuXi AppTec, and WuXi Biologics. A similar measure, the Prohibiting Foreign Access to American Genetic Information Act (S.3558) has strong bipartisan support in the Senate, but Sen. Rand Paul (R-Ky.) has stated that he would block fast-track passage of either bill. The No WHO Pandemic Preparedness Treaty Without Senate Approval Act (H.R.1425) has also been slated for consideration by the House. The bill would subject any World Health Assembly agreement on pandemics to a Senate vote.

 

Congress is scheduled to reconvene from August recess on September 9. Lawmakers are expected to spend the weeks leading up to the end of the fiscal year on September 30 negotiating a continuing resolution (CR) to extend funding at current levels and avoid a government shutdown. The GOP is still working to resolve intraparty disagreements over both the length of the CR as well as whether the stopgap spending bill should include additional policy riders. Democrats are united in support of a short-term CR that extends into the post-election lame duck session.

 

Comer Asks PBM Executives to Correct Testimony-House Oversight and Accountability Chairman James Comer (R-Ky.) has written to pharmacy benefit manager (PBM) executives accusing them of providing false testimony before the committee during a July hearing. Comer argues that statements made by CVS Health Corp., UnitedHealth Group Inc, and Cigna Group contradict findings by the committee and the Federal Trade Commission (FTC). The PBMs repeatedly asserted that they do not steer patients to their own pharmacies or pay affiliated pharmacies more favorable rates. Comer asks the three executives to “correct the record” by September 11.

 

Eli Lilly to Offer Lower Cost Weight Loss Drug Direct to Consumer-Eli Lilly & Co. announced that it will begin selling vials of its weight-loss drug Zepbound to patients for as low as $399 a month-about half of the cost to receive the drug via an auto-injector pen. The decision is a part of the company’s effort to increase the supply of Zepbound amid shortages of the drug. The vials will only be available through Lilly’s direct-to-consumer platform LillyDirect for patients who will pay for the treatment out-of-pocket. Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Bernie Sanders (I-Vt.) characterized the announcement as a “modest step forward” while noting that the weight loss treatments still remain unaffordable for many Americans. The CEO of Novo Nordisk, manufacturer of obesity medication Wegovy, is scheduled to testify at a hearing before the HELP Committee on September 24.

 

 

Rep. Caraveo Shares Struggle with Depression-Rep. Yadira Caraveo (D-Colo.) announced last week that she has sought treatment for depression at Walter Reed Medical Center. “I’m sharing this today because I believe we need to de-stigmatize mental illness-in Colorado and across our country. It is my hope that the millions of people who struggle with anxiety or any other mental health issues seek help,” she stated. Caraveo is a pediatrician who is serving her first term in the House of Representatives.

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP González-Colón (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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.9394-To amend the Internal Revenue Code of 1986 to reform health provisions, and for other purposes; Sponsor: Moore, Blake D. [Rep.-R-UT-1]; Committees: House-Ways and Means

 

H.R.9399-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: Ciscomani, Juan [Rep.-R-AZ-6]; Committees: House-Veterans’ Affairs

 

H.R.9402-To support National Science Foundation education and professional development relating to artificial intelligence, and for other purposes; Sponsor: Fong, Vince [Rep.-R-CA-20]; Committees: House-Science, Space, and Technology

 

H.R.9403-To support a broad and diverse interdisciplinary research community for the advancement of artificial intelligence (AI) and AI-powered innovation through partnerships and capacity building at certain institutions of higher education and other institutions to expand AI capacity in populations historically underrepresented in STEM, and for other purposes; Sponsor: Foushee, Valerie P. [Rep.-D-NC-4]; Committees: House-Science, Space, and Technology

 

H.Res.1416-Expressing support for the designation of the week of August 25, 2024, through August 31, 2024, as “Black Breastfeeding Week”; Sponsor: Adams, Alma S. [Rep.-D-NC-12]; Committees: House-Energy and Commerce

 

H.R.9412-To enhance the cybersecurity of the Healthcare and Public Health Sector; Sponsor: Crow, Jason [Rep.-D-CO-6]; Committees: House-Homeland Security; Energy and Commerce

 

H.R.9416-To recognize the right to assisted reproductive technology and to limit liability for certain actions committed during the course of providing assisted reproductive technology; Sponsor: Gottheimer, Josh [Rep.-D-NJ-5]; Committees: House-Energy and Commerce; Judiciary

 

H.R.9417-To amend titles XVIII and XIX of the Social Security Act and title XXVII of the Public Health Service Act to provide no-cost coverage for annual screening mammography beginning at 30 years of age; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9422-To amend titles XIX and XXI of the Social Security Act to add a new State plan amendment option to provide medical assistance for certain individuals who are patients in certain institutions for mental diseases; Sponsor: Pettersen, Brittany [Rep.-D-CO-7]; Committees: House-Energy and Commerce

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DNC Approves 2024 Party Platform During Chicago Convention

DNC Approves 2024 Party Platform During Chicago Convention-The Democratic National Committee (DNC) finalized its platform during the Democratic convention in Chicago last week. The 2024 platform reiterates the party’s commitment to protecting Medicare, Medicaid, and the Affordable Care Act (ACA). Under the platform, Democrats would permanently extend enhanced ACA premium subsidies; create dental, vision, and hearing benefits under the Medicare program; and ban surprise billing for ground ambulance services. Democrats would add “at least” 50 drugs annually to the Medicare drug price negotiation program and would create a model to limit Medicare cost sharing for some generic drugs to $2. The DNC also promises to increase transparency around the pharmacy benefit manager industry. The platform supports expansion of the Medicaid program, including through increasing postpartum coverage to a full year, but would require Medicaid managed care organizations to return excess funding to states. The platform promises to “keep using antitrust laws to stop hospital, insurance, and Big Pharma mergers that undermine competition and increase health care prices for consumers.” The DNC proposes to exclude all medical debt from credit reporting and calls for strengthening the nation’s mental and behavioral health care system. Democrats would also repeal the Hyde amendment and codify access to abortion and in vitro fertilization services. While Kamala Harris did not spend much time discussing health care issues during her speech accepting the Democratic presidential nomination, she did pledge to protect Medicare and the ACA, and to address rising health care costs. Harris also warned about the potential impact of a second Trump presidential term on reproductive rights and access to birth control and abortion.

 

Bipartisan Lawmakers Write FDA on China-Linked Clinical Trials-A bipartisan group of lawmakers are asking the Food and Drug Administration (FDA) for details about U.S. pharmaceutical companies conducting clinical trials with medical centers affiliated with the Chinese military. The letter outlines the national security risks and ethical concerns associated with trials that have taken place in Xinjiang as well as hospitals affiliated with the People’s Liberation Army (PLA). The lawmakers cite data indicating that over the last ten years, major U.S. biopharmaceutical companies have conducted hundreds of clinical trials in China that included at least one entity with PLA in the name as a research trial partner. “The United States needs the FDA to take on a greater role in protecting U.S. national security interests. With this data, it is clear that the FDA should play a greater role in analyzing U.S. biopharma entities clinical trial operations in the People’s Republic of China,” the lawmakers argue. The letter was led by Chairman and Ranking Member of the House Select Committee on the Chinese Communist Party John Mollenaar (R-Mich.) and Raja Krishnamoorthi (D-Ill.), and signed by Energy and Commerce Health Subcommittee Ranking Member Anna Eshoo (D-Calif.) and Rep. Neal Dunn (R-Fla.).

 

CBO Updates ACA Subsidy Cost Estimate-The Congressional Budget Office (CBO) estimates that spending on ACA premium tax credits have doubled since it was first calculated in 2020 because of high enrollment. CBO originally estimated a cost of $600 billion between 2021 and 2040; the agency’s updated projection stands at $1.3 trillion between 2025 and 2034. According to CBO, the change is primarily a result of legislation in 2021 and 2022 expanding the premium tax credit through 2025. The update comes in response to a question for the record from Senate Budget Committee Ranking Member Chuck Grassley (R-Iowa) about CBO’s report An Update to the Budget and Economic Outlook: 2024 to 2034.

 

 

GAO Examines FDA’s Medical Device Postmarket Surveillance System-The Government Accountability Office (GAO) has released a new report reviewing the FDA’s work to establish an active postmarket surveillance system for medical devices. GAO’s review details the two key challenges faced by the agency is establishing this system-the limited use of unique device identifiers in electronic health records and billing claims, and funding considerations to support active surveillance. A 2018 study of FDA data found that more than 1.7 million injuries and 83,000 deaths over a ten-year period were potentially linked to medical devices.

 

Second Lawsuit Filed Against FDA LDT Rule-The Association for Molecular Pathology (AMP) filed a lawsuit on Monday against the FDA’s laboratory developed test (LDT) final rule. AMP’s suit cites the Loper Bright Enterprises v. Raimondo Supreme Court ruling, which overturned the Chevron doctrine, in arguing against the LDT final rule. The American Clinical Laboratory Association (ACLA) filed a lawsuit against the final rule in May, before Chevron was overturned. Among other complaints, AMP and ACLA both assert that FDA exceeded their statutory authority in promulgating the LDT final rule and have asked the courts to prohibit FDA from regulating LDTs as medical devices.

 

Judge Blocks FTC’s Ban on Noncompete Agreements-Last week, a federal judge blocked the Federal Trade Commission’s (FTC) nationwide ban on employee noncompete agreements. The judge from the U.S. District Court for the Northern District of Texas argued that the FTC lacked legal authority to prohibit restrictive employment contracts and that the ban was “the product of an unconstitutional exercise of power.” The decision cited the Supreme Court’s Loper Bright Enters. v. Raimondo decision-which overturned the Chevron deference-multiple times. According to an agency spokesperson, the FTC is “seriously” considering an appeal. The FTC rule had been set to take effect on September 4.

 

 

Fourteen Term Democrat Pascrell Dies at 87-Rep. Bill Pascrell (D-N.J.) passed away last Wednesday following a July hospitalization for a respiratory infection. Pascrell, 87, was one of the oldest members of the House of Representatives. He was first elected to Congress in 1996 and served on the Ways and Means Committee. Party officials from New Jersey’s 9th congressional district will select a new candidate for the November election; the deadline to replace Pascrell on the ballot is August 29. There are now 220 Republicans, 211 Democrats, and four vacancies in the House.

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)

 
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA Rosendale (R), MT
Eshoo (D), CA Carl (R), AL
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Posey (R), FL
Sablan (D), MP González-Colón (R), PR
Ruppersberger (D), MD Graves (R), LA
Kuster (D), NH Good (R), VA
Bowman (D), NY
Bush (D), MO
Payne (D), NJ (died April 24, 2024)
Jackson Lee (D), TX (died July 19, 2024)
Pascrell (D), NJ (died Aug. 21, 2024)

 

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.9365-To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program of pharmacist services; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9367-To amend the Federal Food, Drug, and Cosmetic Act to require a recall of electronic nicotine delivery systems that have not been subject to premarket review, and for other purposes; Sponsor: DeSaulnier, Mark [Rep.-D-CA-10]; Committees: House-Energy and Commerce

 

H.R.9382-To amend the Federal Food, Drug, and Cosmetic Act to add alpha-gal to the definition of “major food allergen;” Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House-Energy and Commerce

 

H.R.9383-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: Banks, Jim [Rep.-R-IN-3]; Committees: House-Education and the Workforce

 

H.R.9384-To amend title XVIII of the Social Security Act to require the Secretary of Health and Human Services to provide an explanation of benefits not later than 30 days after an item or service is furnished under the Medicare program; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House-Ways and Means; Energy and Commerce

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Hoyer Recovers from Mild Stroke

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 21st 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.

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Ferguson, IV, DMD, PC (R), GA
Wexton (D), VA Curtis (R), UT
Kim, Andy (D), NJ Luetkemeyer (R), MO
Jackson, Jeff (D), NC Lamborn (R), CO
Sarbanes (D), MD Bucshon, MD (R), IN
Blumenauer (D), OR Pence (R), IN
Kilmer (D), WA Duncan (R), SC
Spanberger (D), VA Armstrong (R), ND
Kildee (D), MI McMorris Rodgers (R), WA
Phillips (D), MN Gallagher (R), WI (effective April 19, 2024)
Cardenas (D), CA LaTurner (R), KS
Eshoo (D), CA Graves (R), LA
Manning (D), NC
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

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

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Harris Selects Tim Walz as Running Mate

Harris Selects Tim Walz as Running Mate-Kamala Harris announced her selection of Minnesota Gov. Tim Walz as her running mate on Tuesday. Walz is a second-term governor who served in the House of Representatives from 2007 to 2019. As a member of the House, Walz developed a reputation as a moderate dealmaker who focused on his work as a member of the Veterans’ Affairs and Agriculture committees. During his time on Capitol Hill, Walz supported Medicare drug price negotiation efforts, expansion of cannabis medical research, and further studies of the health effects of Agent Orange on veterans. As Minnesota governor, Walz instated shutdowns, social distancing policies, mask mandates, and vaccine requirements for government employees in response to the coronavirus pandemic. His administration has implemented drug price transparency requirements, created a Prescription Drug Affordability Board, and capped out of pocket insulin costs. Walz and the Minnesota legislature also created a state-based public health insurance option last year. Walz is a vocal defender of both abortion access and gender-affirming care-codifying abortion rights in the state constitution and shielding patients and providers from other states’ abortion and gender-affirming care penalties. Walz has frequently shared his family’s struggle with infertility and their use of in vitro fertilization when discussing reproductive health care. He also has enacted climate policy at the state level.

 

 

Bicameral Republicans Raise Questions About Part D Stabilization Demonstration-Republican leaders of the Senate Finance Committee and the House Ways and Means and Energy and Commerce committees are urging the Government Accountability Office to conduct a review of the Medicare Part D Premium Stabilization Demonstration recently announced by the Centers for Medicare and Medicaid Services (CMS). The letter questions the legality of the demonstration and expresses concerns about its potential impact on health care affordability for seniors. The lawmakers go on to argue that CMS is “waiving statutory directives under the guise of a ‘demonstration project,’ with no meaningful research aims, budgetary assessments, or empirical rigor.”

 

 

CBO Responds to Budget Committee Questions for the Record-The Congressional Budget Office (CBO) has asserted that vertical integration of pharmacy benefit managers (PBMs) and health insurers does not necessarily result in lower premiums for plan enrollees. While consolidation may lead to lower drug prices in such health plans, these reductions in spending may not necessarily be passed on to enrollees in the form of lower premiums, and may result in drug costs and premiums increasing for other insurers using the PBM. This information comes in response to a question for the record from House Budget Committee Chairman Jodey Arrington (R-Texas) following a hearing on hospital and physician consolidation and its impact on the federal budget. Arrington also posed a question regarding the potential impact of site-neutral payment reform on commercial market prices. In response, CBO asserts its belief that expanding Medicare’s use of site-neutral payments would not increase the prices paid by commercial insurers-an argument frequently made by skeptics of such policies. “From the perspective of economic theory, it is unclear why hospitals would negotiate higher prices with private payers only after they experienced payment reductions from public payers,” the agency writes.

 

Senate Finance Probes Possible Ethics Violation by New UNOS CTO-Senate Finance Committee Chairman Ron Wyden (D-Ore.) and Finance committee member Chuck Grassley (R-Iowa) have sent letters to the United Network for Organ Sharing (UNOS), the Health Resources and Services Administration, and the Office of Management and Budget regarding UNOS’ hiring of Ankit Mathur as UNOS chief technology officer in March. Mathur previously worked as chief delivery officer at US Digital Service. He is thus restricted by federal post-employment regulations in what activities he can perform in his new position at UNOS, and the lawmakers are probing what, if any, ethics violations may have occurred with Mathur’s hiring. “We are concerned that UNOS has not taken this matter as seriously as it should,” the letters state. Wyden and Grassley request details from the administration about the time periods for ethics restrictions that Mathur was under after he left the government to join UNOS, and about actions that were taken in preparation for and in response to his hiring.

 

Senators Push for Medicare Coverage of Wheelchair Standing Systems-A bipartisan group of senators have written to the Biden administration urging the Centers for Medicare and Medicaid Services (CMS) to cover standing systems embedded in power wheelchairs under the Medicare program. The agency proposed for the first time last year to provide Medicare coverage of seated elevation systems in power wheelchairs. The lawmakers thank CMS for its decision, but express concerns that the agency has not yet initiated a National Coverage Analysis for standing systems in these wheelchairs, arguing that the absence of Medicare coverage for these systems leaves many beneficiaries “without access to critical technology that can significantly improve their health outcomes and quality of life.” The letter was signed by Sens. Tammy Duckworth (D-Ill.), Marsha Blackburn (R-Tenn.), and Bob Casey (D-Pa.).

 

OSU Awarded $15 Million NIH Grant to Study Long COVID Cure-The Ohio State University (OSU) has been awarded the largest ever infectious diseases grant from the National Institutes of Health (NIH) to study a cure for long COVID. The five-year study will focus on a specific enzyme produced by certain COVID patients in high levels. The $15 million grant was awarded to build on a 2022 study by OSU researchers suggesting that blocking the single molecule could protect against severe illness from infection with the SARS-CoV-2 virus.

 

 

 

Congressional Retirements and Resignations-Rep. Cori Bush (D-Mo.) lost the Democratic primary race for Missouri’s 1st congressional district to St. Louis County Prosecuting Attorney Wesley Bell. Bush is the second member of the progressive “Squad” to lose a primary this election cycle. She was first elected to the House of Representatives in 2020 and currently serves as a member of the House Committee on Oversight and Accountability and the Committee on the Judiciary.

 

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

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Johnson (R), OH (effective Jan. 21, 2024)
Wexton (D), VA Ferguson, IV, DMD, PC (R), GA
Kim, Andy (D), NJ Curtis (R), UT
Jackson, Jeff (D), NC Luetkemeyer (R), MO
Sarbanes (D), MD Lamborn (R), CO
Blumenauer (D), OR Bucshon, MD (R), IN
Kilmer (D), WA Pence (R), IN
Spanberger (D), VA Duncan (R), SC
Kildee (D), MI Armstrong (R), ND
Phillips (D), MN McMorris Rodgers (R), WA
Cardenas (D), CA Gallagher (R), WI (effective April 19, 2024)
Eshoo (D), CA LaTurner (R), KS
Manning (D), NC Graves (R), LA
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

 

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.Res.1400-Supporting the goals and ideals of Fentanyl Prevention and Awareness Day on August 21, 2024; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Cosponsors: (2) Committees: House-Energy and Commerce

 

H.Res.1404-Expressing support for keeping guns out of classrooms; Sponsor: Hayes, Jahana [Rep.-D-CT-5]; Committees: House-Education and the Workforce; Judiciary

 

H.R.9237-To improve end-of-life care; Sponsor: Barragan, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9243-To require the Administrator of the Federal Aviation Administration to publish the list of medications that the Administrator has compiled for purposes of the medical certification of airmen, and for other purposes; Sponsor: Casten, Sean [Rep.-D-IL-6]; Committees: House-Transportation and Infrastructure

 

H.R.9249-To amend title 5, United States Code, to require the publication of scientific data, incident data, or other pertinent data relied on by an agency to justify a rule; Sponsor: Edwards, Chuck [Rep.-R-NC-11]; Committees: House-Judiciary

 

H.R.9250-To create an Active Shooter Alert Communications Network, and for other purposes; Sponsor: Escobar, Veronica [Rep.-D-TX-16]; Committees: House-Judiciary

 

H.R.9253-To provide for a coordinated national research program to examine the nature, causes, consequences, and prevention of violence and unintended injury and death relating to gun ownership, use, and trafficking, and for other purposes; Sponsor: Foushee, Valerie P. [Rep.-D-NC-4]; Committees: House-Judiciary; Science, Space, and Technology; Energy and Commerce

 

H.R.9258-To amend the Federal Food, Drug, and Cosmetic Act to require pill press molds to bear a unique serial number, to amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture certain counterfeit substances, and for other purposes; Sponsor: Harder, Josh [Rep.-D-CA-9]; Committees: House-Energy and Commerce; Judiciary

 

H.R.9260-To prohibit State excise taxes on firearms and ammunition manufacturers and dealers; Sponsor: Issa, Darrell [Rep.-R-CA-48]; Committees: House-Judiciary

 

H.R.9269-To amend the Internal Revenue Code of 1986 to provide an income tax credit for fertility treatments; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House-Ways and Means

 

H.R.9271-To amend title XVIII of the Social Security Act to make permanent certain telehealth flexibilities under the Medicare program for telehealth services furnished by Indian health programs; Sponsor: Leger Fernandez, Teresa [Rep.-D-NM-3]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9272-To amend title XVIII of the Social Security Act to establish new payment rules for certain catastrophic specialty hospitals under the Medicare program; Sponsor: Loudermilk, Barry [Rep.-R-GA-11]; Committees: House-Ways and Means

 

H.R.9275-To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for non-directed living kidney donations; Sponsor: Malliotakis, Nicole [Rep.-R-NY-11]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.9276-To expand medical, employment, and other benefits for individuals serving as family caregivers for certain veterans, and for other purposes; Sponsor: Morelle, Joseph D. [Rep.-D-NY-25]; Committees: House-Veterans’ Affairs; Ways and Means

 

H.R.9298-To amend the Internal Revenue Code of 1986 to treat qualified water competency and water safety lesson expenses as medical expenses; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House-Ways and Means

 

H.R.9300-To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to make improvements in the old-age, survivors, and disability insurance program; Sponsor: Tokuda, Jill N. [Rep.-D-HI-2]; Committees: House-Ways and Means; Energy and Commerce; Education and the Workforce

 

H.J.Res.200-Disapproving the rule submitted by the Department of Health and Human Services relating to “Control of Communicable Diseases; Foreign Quarantine: Importation of Dogs and Cats”; Sponsor: Golden, Jared F. [Rep.-D-ME-2]; Committees: House-Energy and Commerce

 

H.R.9304-To require the Director of the National Cancer Institute to conduct a review of the current state of stomach cancer incidence, prevention, screening, awareness, and future public health importance, and for other purposes; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.R.9305-To direct the Secretary of Health and Human Services to make grants to local governments for the training of local law enforcement officers on public health threats arising from violations of building codes, and for other purposes; Sponsor: Costa, Jim [Rep.-D-CA-21]; Committees: House-Transportation and Infrastructure

 

H.R.9310-To amend title 18, United States Code, to provide Tribal courts and law enforcement with more tools to combat the opioid epidemic; Sponsor: Larsen, Rick [Rep.-D-WA-2]; Committees: House-Judiciary; Natural Resources

 

H.R.9314-To amend the Public Health Service Act to provide for a national program to conduct and support activities toward the goal of significantly reducing the number of cases of overweight and obesity among individuals in the United States; Sponsor: Norton, Eleanor Holmes [Del.-D-DC-At Large]; Committees: House-Energy and Commerce

 

H.R.9321-To direct the Secretary of Health and Human Services to conduct a demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States; Sponsor: Slotkin, Elissa [Rep.-D-MI-7]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9324-To amend title 38, United States Code, to authorize certain heath care professionals employed by the Department of Veterans Affairs to deliver, distribute, or dispense to veterans certain controlled medications via telemedicine under certain conditions, and for other purposes; Sponsor: Womack, Steve [Rep.-R-AR-3]; Committees: House-Veterans’ Affairs

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HELP Committee Advances OAA Reauthorization

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 5th 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.

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Johnson (R), OH (effective Jan. 21, 2024)
Wexton (D), VA Ferguson, IV, DMD, PC (R), GA
Kim, Andy (D), NJ Curtis (R), UT
Jackson, Jeff (D), NC Luetkemeyer (R), MO
Sarbanes (D), MD Lamborn (R), CO
Blumenauer (D), OR Bucshon, MD (R), IN
Kilmer (D), WA Pence (R), IN
Spanberger (D), VA Duncan (R), SC
Kildee (D), MI Armstrong (R), ND
Phillips (D), MN McMorris Rodgers (R), WA
Cardenas (D), CA Gallagher (R), WI (effective April 19, 2024)
Eshoo (D), CA LaTurner (R), KS
Manning (D), NC Graves (R), LA
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

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

 

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House Oversight Panel Releases PBM Report

House Oversight Panel Releases PBM Report-The House Oversight and Accountability Committee released a staff report last week examining the role of pharmacy benefit managers (PBMs) in the prescription drug market. The report follows the Committee’s review of more than 140,000 pages of documents and communications and asserts that PBMs “have monopolized the pharmaceutical marketplace by deploying deliberate, anticompetitive pricing tactics that are raising prescription drug prices, undermining community pharmacies, and harming patients across the United States.” The report details the following key findings:

  • PBMs use their position as middlemen and integration with health insurers, pharmacies, providers, and manufacturers to enact anticompetitive policies and protect their profit margin-costing taxpayers and reducing patient choice.
  • While PBMs cite the savings they provide for payers and patients through negotiation, drug utilization programs, and spread pricing, evidence indicates that these tactics often increase costs for patients and payers.
  • PBMs force drug manufacturers to pay rebates in exchange for favorable formulary placement, making it difficult for lower cost competitors to get on formularies.
  • PBMs have begun creating foreign corporate entities and moving certain operations abroad in response to proposed state and federal government PBM reforms.
  • PBMs’ use of prior authorization, fail first, and formulary manipulations have significant detrimental impacts on Americans’ health outcomes.

The report was released ahead of the panel’s hearing last Tuesday with executives from the nation’s three largest PBMs-CVS Caremark, Express Scripts, and OptumRx-in which the witnesses faced bipartisan criticism for their company’s practices.

 

House Adjourns, Appropriations Update-House Republican leadership announced last Wednesday that the chamber would adjourn for August recess a week earlier than expected amidst intraparty conflicts on fiscal year (FY) 2025 appropriations legislation. The chamber is not scheduled to return until the week of September 9. It remains unclear whether the House will hold any further votes on its remaining FY2025 bills. Several spending measures have failed or been pulled from floor consideration in recent weeks, including the Agriculture-Food and Drug Administration (FDA) bill, because they did not have enough votes for passage. House Appropriations Committee Chairman Tom Cole (R-Okla.) blamed the absence of language restricting access to abortion medication as one reason the Agriculture-FDA bill failed to secure enough support. Cole also recently stated that the chances of floor consideration of the Labor-Health and Human Services (LHHS) bill are “slim to none.” In the Senate, appropriators moved four more FY2025 spending bills to the floor for votes last week, and are scheduled to markup the remaining five, including LHHS, on August 1. Congress is widely expected to rely on a continuing resolution to avert a government shutdown at the end of the fiscal year on September 30.

 

Joint Economic Committee Pens Issue Brief on Private Equity-The Joint Economic Committee, currently chaired by Sen. Marin Heinrich (D-N.M.) released an issue brief last week examining the impact of private equity on the U.S. economy and health care system. The report asserts that private equity’s growth in the health care sector negatively impacts Americans’ well-being, highlighting concerning trends in the quality of care provided at private equity-owned institutions. “Private equity’s buy, strip and flip business model, anticompetitive actions, and exploitation of our health care system threaten Americans’ livelihoods,” the brief concludes. In related news, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted on Thursday to authorize a bipartisan investigation into the role of private equity in the bankruptcy of Steward Health Care, the largest for-profit health system in the nation. The HELP Committee also voted to subpoena Steward Health Care CEO Ralph de la Torre to testify before the panel.

 

 

E&C GOP Probes Marijuana Rescheduling Process-Republican leaders of the House Energy and Commerce Committee are questioning the process by which the White House has proposed to reschedule marijuana. The letter to the administration highlights that as recently as 2016, following a multi-year review, both the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services agreed that marijuana continued to meet the criteria to be considered a Schedule I substance. In May, however, the DEA proposed to reschedule marijuana from a schedule I to schedule III controlled substance. “We support research into innovative therapies to improve patient outcomes, but we are concerned with how the normal process was circumvented to achieve a result for political purposes and we have a number of unanswered questions,” the lawmakers write.

 

NJ Senator Bob Menendez to Resign August 20-Sen. Bob Menendez (D-N.J.) will resign from the Senate effective August 20 following his conviction on federal corruption charges. Menendez, who had faced calls to resign from his Senate colleagues, stated that he plans to appeal the verdict but did not want to involve the Senate “in a lengthy process that will detract from its important work.” New Jersey Gov. Phil Murphy (D) has the authority to name a replacement to serve until the end of the senator’s current term on January 3. 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. Sen. Bernie Sanders (I-Vt.) has expressed interest in filling Menendez’s seat on the Senate Finance Committee.

 

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

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
Menendez (D), NJ (effective Aug. 20, 2024)
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Johnson (R), OH (effective Jan. 21, 2024)
Wexton (D), VA Ferguson, IV, DMD, PC (R), GA
Kim, Andy (D), NJ Curtis (R), UT
Jackson, Jeff (D), NC Luetkemeyer (R), MO
Sarbanes (D), MD Lamborn (R), CO
Blumenauer (D), OR Bucshon, MD (R), IN
Kilmer (D), WA Pence (R), IN
Spanberger (D), VA Duncan (R), SC
Kildee (D), MI Armstrong (R), ND
Phillips (D), MN McMorris Rodgers (R), WA
Cardenas (D), CA Gallagher (R), WI (effective April 19, 2024)
Eshoo (D), CA LaTurner (R), KS
Manning (D), NC Graves (R), LA
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

Upcoming Congressional Hearings and Markups

Senate HELP Committee executive session to consider S.4776, Older Americans Act Reauthorization Act of 2024; S.4755, Autism Collaboration, Accountability, Research, Education, and Support Act of 2024; and S.4755, Traumatic Brain Injury Program Reauthorization Act of 2024; 10:00 a.m.; July 31

 

Senate Commerce, Science, and Transportation Committee executive session to markup legislation, including: S.2233, Youth Poisoning Protection Act; S.2645, Preventing HEAT Illnesses and Deaths Act; S.2714, CREATE AI Act; S.3162, TEST AI Act; S.3312, Artificial Intelligence Research, Innovation, and Accountability Act; S.4178, Future of Artificial Intelligence Innovation Act; S.4394, National Science Foundation Artificial Intelligence Education Act; S.4487, Small Business Artificial Intelligence Training and Toolkit Act; S.4596, Artificial Intelligence Public Awareness and Education Campaign Act; S.4769, Validation and Evaluation for Trustworthy (VET) Artificial Intelligence Act; 10:00 a.m.; July 31

 

Senate Appropriations business meeting to markup an original bill entitled, “Energy and Water Development and Related Agencies Appropriations Act”, an original bill entitled, “Department of Defense Appropriations Act”, an original bill entitled, “Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act”, an original bill entitled, “Department of Homeland Security Appropriations Act”, and an original bill entitled, “Financial Services and General Government Appropriations Act;” 9:30 a.m.; August 1

 

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.9079-To amend the Immigration and Nationality Act to provide nonimmigrant status to nurses working in certain facilities; Sponsor: Beyer, Donald S. [Rep.-D-VA-8]; Committees: House-Judiciary

 

H.R.9091-To authorize an individual who is transitioning from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs to continue receiving treatment from such individual’s mental health care provider of the Department of Defense, and for other purposes; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Armed Services; Veterans’ Affairs

 

S.4729-A bill to amend the Older Americans Act of 1965 to establish a pilot program for family caregivers for individuals with Alzheimer’s disease or a related disorder with neurological and organic brain dysfunction; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.4731-A bill to amend the Older Americans Act of 1965 to provide for food-based interventions; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate – Health, Education, Labor, and Pensions

 

S.4732-A bill to amend the Older Americans Act of 1965 to authorize funding for the Research, Demonstration, and Evaluation Center for the Aging Network to engage in certain research and evaluation activities with respect to family caregivers and to revise the definition of the term “family caregiver”; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4733-A bill to amend the Older Americans Act of 1965 to authorize the Secretary of Health and Human Services to make grants to develop or expand in-person and virtual peer support programs for family caregivers; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4734-A bill to amend the Older Americans Act of 1965 to ensure services for home modifications under part B of title III of such Act may be used for certain purposes, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4735-A bill to amend the Older Americans Act of 1965 to provide financial planning services related to the needs of family caregivers, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4736-A bill to amend the Older Americans Act of 1965 to develop and expand integrated caregiver support services for family caregivers, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4739-A bill to advance research to achieve medical breakthroughs in brain tumor treatment and improve awareness and adequacy of specialized cancer and brain tumor care; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4741-A bill to amend title XVIII of the Social Security Act to provide a phase-in for plasma-derived products under the manufacturer discount program; Sponsor: Tillis, Thomas [Sen.-R-NC]; Committees: Senate-Finance

 

S.4743-A bill to improve the Long-Term Care Ombudsman program; Sponsor: Kaine, Tim [Sen.-D-VA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4744-A bill to amend the Higher Education Act of 1965 to establish fair and consistent eligibility requirements for graduate medical schools operating outside the United States and Canada; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4745-A bill to establish the Federal Food Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, reducing the prevalence of diet-related chronic diseases, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4755-A bill to reauthorize traumatic brain injury programs, and for other purposes; Sponsor: Mullin, Markwayne [Sen.-R-OK]; Committees: Senate -Health, Education, Labor, and Pensions

 

H.Res.1375-Recognizing the threat of extreme weather to children’s health and well-being, and expressing the sense of Congress that solutions must be rapidly and equitably developed and deployed to address the unique vulnerabilities and needs of children; Sponsor: McClellan, Jennifer L. [Rep.-D-VA-4]; Committees: House-Energy and Commerce

 

H.R.9093-To prioritize healthcare facilities and mental or behavioral health facilities in the Community Facilities program for fiscal years 2025 through 2031, and allow loans and grants under the program to be used for medical supplies, increasing telehealth capabilities, supporting staffing needs, or renovating and remodeling closed facilities; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Agriculture

 

H.R.9094-To amend chapter 17 of title 38, United States Code, to direct the Secretary of Veterans Affairs to allow a veteran to receive a full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Veterans’ Affairs

 

H.R.9096-To establish pharmacy payment and reimbursement by pharmacy benefits managers; to amend title XIX of the Social Security Act to improve prescription drug transparency; and for other purposes; Sponsor: Auchincloss, Jake [Rep.-D-MA-4]; Committees: House-Energy and Commerce; Ways and Means; Oversight and Accountability; Armed Services

 

H.R.9098-To provide for surveillance of Clostridioides difficile, and for other purposes; Sponsor: Clarke, Yvette D. [Rep.-D-NY-9]; Committees: House-Energy and Commerce

 

H.R.9099-To establish the Federal Food Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, reducing the prevalence of diet-related chronic diseases, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Energy and Commerce

 

H.R.9101-To amend title XXXIII of the Public Health Service Act with respect to flexibility and funding for the World Trade Center Health Program; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Committees: House-Energy and Commerce; Budget

 

H.R.9104-To amend the Public Health Service Act to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception and medication related to contraception, and for other purposes; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House-Energy and Commerce

 

H.R.9107-To require the Secretary of Veterans Affairs to submit a report on the status and timeline for completion of the redesigned Airborne Hazards and Open Burn Pit Registry 2.0; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Veterans’ Affairs

 

H.R.9113-To advance research to achieve medical breakthroughs in brain tumor treatment and improve awareness and adequacy of specialized cancer and brain tumor care; Sponsor: Wild, Susan [Rep.-D-PA-7]; Committees: House-Energy and Commerce

 

S.Res.769-A resolution recognizing the importance of mental health for youth in the United States and expressing the pressing need for awareness and support for mental health care for children and adolescents; Sponsor: Padilla, Alex [Sen.-D-CA]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4757-A bill to improve the environmental health outcomes of incarcerated people and carceral facility workers, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Judiciary

 

S.4762-A bill to amend the Public Health Service Act to reauthorize programs and research relating to autism, and for other purposes; Sponsor: Lujan, Ben Ray [Sen.-D-NM]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4767-A bill to amend the Patient Protection and Affordable Care Act to reduce fraudulent enrollments in qualified health plans, and for other purposes; Sponsor: Wyden, Ron [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Res.1384-Recognizing the seriousness of polycystic ovary syndrome (PCOS) and expressing support for the designation of the month of September 2024 as “PCOS Awareness Month”; Sponsor: Scott, David [Rep.-D-GA-13]; Committees: House-Energy and Commerce

 

H.R.9119-To direct the Director of the Office of Community Oriented Policing Services of the Department of Justice to establish a training course relating to Alzheimer’s disease and similar forms of dementia; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House-Judiciary

 

H.R.9125-To amend title XVIII of the Social Security Act to improve the accuracy and predictability of Medicare payments to long-term care hospitals; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House-Ways and Means

 

H.R.9127-To amend title III of the Public Health Service Act to include territorial disproportionate share hospitals as covered entities under the 340B drug discount program; Sponsor: Sablan, Gregorio Kilili Camacho [Del.-D-MP-At Large]; Committees: House-Energy and Commerce

 

H.R.9128-To amend title XVIII of the Social Security Act to establish a designation for territorial safety net hospitals, and for other purposes; Sponsor: Sablan, Gregorio Kilili Camacho [Del.-D-MP-At Large]; Committees: House-Energy and Commerce; Ways and Means; Budget

 

H.R.9129-To amend title XVIII of the Social Security Act to establish certain standards and requirements with respect to financial assistance and medical debt collection for hospitals participating in the Medicare program, and to amend title III of the Public Health Service Act to establish a grant program for purposes of medical debt relief; Sponsor: Vasquez, Gabe [Rep.-D-NM-2]; Committees: House-Energy and Commerce; Ways and Means

 

S.Res.771-A resolution supporting the designation of the week of August 26 through August 30, 2024, as the second annual “National Community Health Worker Awareness Week”; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.773-A resolution supporting the ideals of Bump Day to ensure, through advocacy, awareness, and action, that every mom, regardless of where she lives, the color of her skin, or her ability to pay, gets the care she needs to deliver a safe pregnancy and birth, and a healthy future for herself and the baby she loves; Sponsor: Coons, Christopher A. [Sen.-D-DE]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.Res.774-A resolution designating June 15, 2024, as “World Elder Abuse Awareness Day” and the month of June 2024 as “Elder Abuse Awareness Month”; Sponsor: Grassley, Chuck [Sen.-R-IA]; Latest Action: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4771-A bill to amend the Internal Revenue Code of 1986 to expand eligibility for health savings accounts, and for other purposes; Sponsor: Scott, Rick [Sen.-R-FL]; Committees: Senate-Finance

 

S.4773-A bill to improve the health of minority individuals, and for other purposes; Sponsor: Hirono, Mazie K. [Sen.-D-HI]; Committees: Senate-Finance

 

S.4774-A bill to provide for the periodic issuance of up-to-date clinical guidance on addressing the health effects of per- and polyfluoroalkyl substances (PFAS), and for other purposes; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4776-A bill to amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2025 through 2029, and for other purposes; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4777-A bill to amend title XVIII of the Social Security Act to require hospitals to fulfill certain obligations relating to discontinuation of services or closure; Sponsor: Baldwin, Tammy [Sen.-D-WI]; Committees: Senate-Finance

 

S.4781-A bill to improve access to the Program of All-Inclusive Care for the Elderly, and for other purposes; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Finance

 

S.4785-A bill to amend the Federal Food, Drug, and Cosmetic Act to restrict direct-to-consumer drug advertising; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4791-A bill to amend title 38, United States Code, to require the consideration of continuity of health care in determining best medical interest under the Veterans Community Care Program, and for other purposes; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Veterans’ Affairs

 

S.4804-A bill to amend the Public Health Service Act to require the Secretary of Health and Human Services to enforce certain requirements with respect to for-profit corporations that own health care systems, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Finance

 

S.4811-A bill to require guidance to improve access to mental health and substance use prevention services for children, adolescents, and young adults; Sponsor: Butler, Laphonza R. [Sen.-D-CA]; Committees: Senate-Finance

 

S.4812-A bill to establish a pilot program to address behavioral health needs among children, adolescents, and young adults, and for other purposes; Sponsor: Butler, Laphonza R. [Sen.-D-CA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4817-A bill to amend title I of the Patient Protection and Affordable Care Act to authorize the establishment of, and provide support for, State-based universal health care systems that provide comprehensive health benefits to State residents, and for other purposes; Sponsor: Markey, Edward J. [Sen.-D-MA]; Committees: Senate-Finance

 

H.Res.1389-Supporting the designation of the week of August 26 through August 30, 2024, as the second annual “National Community Health Worker Awareness Week”; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Energy and Commerce

 

H.R.9131-To authorize a national program to reduce the threat to human health posed by exposure to indoor air contaminants, and for other purposes; Sponsor: Tonko, Paul [Rep.-D-NY-20]; Committees: House-Energy and Commerce

 

H.R.9132-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 coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes; Sponsor: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means

 

H.R.9133-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: Underwood, Lauren [Rep.-D-IL-14]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means

 

H.R.9138-To expand psychological mental and behavioral health services to Medicare, Medicaid, and CHIP beneficiaries by permitting reimbursement of psychological services provided by certain supervised psychology trainees, and facilitating the reimbursement of those services; Sponsor: Balderson, Troy [Rep.-R-OH-12]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9141-To amend the Internal Revenue Code of 1986 to expand eligibility for health savings accounts, and for other purposes; Sponsor: Cammack, Kat [Rep.-R-FL-3]; Committees: House-Ways and Means

 

H.R.9142-To amend the Federal Food, Drug, and Cosmetic Act to restrict direct-to-consumer drug advertising; Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House-Energy and Commerce

 

H.R.9146-To amend title 38, United States Code, to require the consideration of continuity of health care in determining best medical interest under the Veterans Community Care Program, and for other purposes; Sponsor: Franklin, C. Scott [Rep.-R-FL-18]; Committees: House-Veterans’ Affairs

 

H.R.9156-To amend the Public Health Service Act to require the Secretary of Health and Human Services to enforce certain requirements with respect to for-profit corporations that own health care systems, and for other purposes; Sponsor: Jayapal, Pramila [Rep.-D-WA-7]; Committees: House-Energy and Commerce; Financial Services; Ways and Means; Judiciary

 

H.R.9157-To amend title XVIII of the Social Security Act to facilitate patient access to certain pediatric technologies; Sponsor: Joyce, John [Rep.-R-PA-13]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9161-To improve the health of minority individuals, and for other purposes; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House-Energy and Commerce; Ways and Means; Agriculture; Oversight and Accountability; Education and the Workforce; Judiciary; Budget; Veterans’ Affairs; Natural Resources; Armed Services; Homeland Security; Financial Services; Transportation and Infrastructure

 

H.R.9173-To amend title XVIII of the Social Security Act to stabilize payments to long-term care hospitals under the Medicare program and improve patient access; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House-Ways and Means

 

H.R.9177-To amend title 38, United States Code, to eliminate the requirement of a service-connected disability to furnish veterans with medical care outside of a State, and for other purposes; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House-Veterans’ Affairs

 

H.R.9178-To amend title 38, United States Code, to improve access of health care providers of the Department of Veterans Affairs to prescription drug monitoring programs, and for other purposes; Sponsor: Zinke, Ryan K. [Rep.-R-MT-1]; Committees: House-Veterans’ Affairs

 

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President Biden Announces He Will Not Seek Second Term

President Biden Announces He Will Not Seek Second Term-As Democratic calls grew louder to exit the race, President Joe Biden (D) announced that he has “decided not to accept the nomination and to focus all my energies on my duties as President for the remainder of my term.” He also announced his endorsement of Vice President Kamala Harris as the Democratic nominee for 2024. President Biden intends to address the nation later this week. With the Democratic National Convention beginning on August 19 in Chicago, IL, time is running short to choose a new nominee and the complicated process of doing so will need to be resolved by the Democratic delegates at the convention. While some elected Democrats are endorsing Vice-President Harris as the next nominee, with over 14 million Americans already having cast votes in favor of President Biden, the party’s convention rules and procedural processes-and their implications for the democratic process-are under close scrutiny. If Harris were to be automatically selected as the candidate, some may question the democratic process. Given the reasons for President Biden ending his campaign for re-election, Republicans are already asking if he is able to continue to serve for the remainder of his term.

 

 

Trump Selects Ohio Senator JD Vance as Running Mate-Republican presidential candidate Donald Trump tapped Sen. JD Vance (R-Ohio) as his running mate last week. Vance is a former venture capitalist who was first elected to the Senate in 2022. While Vance does not currently serve on any committees with health care jurisdiction, his legislative record on health issues includes introducing legislation to prohibit minors from receiving access to gender-affirming medical care (S. 2357), as well as to add childbirth as a protected reason for not returning to work under the Family and Medical Leave Act (S.3048). He is a cosponsor of the Affordable Insulin Now Act (S.954) to cap commercial insulin costs at $35, as well as legislation to exclude Deferred Action for Childhood Arrivals (DACA) recipients from accessing health insurance under the Affordable Care Act. Vance is also on the record in support of allowing Medicare to negotiate prescription drug prices and has previously called for allowing the importation of drugs from overseas. Vance is staunchly pro-life and supports a nationwide abortion ban at 15 weeks, with exceptions, while also agreeing with the Supreme Court’s decision to not restrict access to the abortion pill mifepristone.

 

Health care-related issues were largely absent from last week’s Republican National Convention in Milwaukee, WI. During his speech on Thursday night, former President Trump highlighted the success of the 2018 Right to Try law in saving lives by expanding access to experimental treatments for terminally ill individuals. The GOP’s 2024 platform that was ratified last week only touches briefly on the issue of health care, simply stating “Health care and prescription drug costs are out of control. Republicans will increase transparency, promote choice and competition, and expand access to new affordable health care and prescription drug options. We will protect Medicare, and ensure seniors receive the care they need without being burdened by excessive costs.”

 

HELP Schedules Vote to Subpoena CEO in Steward Health Care Investigation-Bipartisan leadership of the Senate Health, Education, Labor, and Pensions (HELP) Committee is launching an investigation into the bankruptcy of Steward Health Care. Steward is a Dallas-based hospital chain that operates 31 hospitals in eight states. Steward first acquired a failing hospital system run by the Archdiocese of Boston in 2010, and with the backing of private equity firm Cerberus Capital Management converted it into for-profit institutions before buying additional hospitals across the country. Steward filed for Chapter 11 bankruptcy protection earlier this year and is now seeking to sell all of its hospitals. The HELP Committee will vote on Thursday to issue a subpoena that would compel Steward CEO Ralph de la Torre to testify at a hearing before the panel on September 12. “Given the serious harm and uncertainty Steward’s bankruptcy and financial arrangements are having on hospitals, patients, and health care workers throughout the country, Dr. de la Torre has given us no choice but to compel him to testify at this hearing,” Chairman Bernie Sanders (I-Vt.) and Ranking Member Bill Cassidy (R-La.) said in a joint statement.

 

Senators Form Working Group to Assess Post-Chevron Legislative Landscape-A group of senators led by Sen. Eric Schmidt (R-Mo.) has launched a working group to assess the current policy landscape and discuss how the Senate can most effectively legislate following the Supreme Court’s decision to overturn the Chevron deference. The group plans to send letters to 101 federal agencies-including the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration-regarding more than 50 regulations that have been finalized since the year 2000. The working group will ask regulators for information about how ongoing rulemaking and civil enforcement actions and adjudications are affected by the recent Supreme Court decision.

 

Cassidy Pushes for Briefing on Proposed Marijuana Rescheduling-Senate HELP Committee Ranking Member Bill Cassidy (R-La.) has sent a letter to the Biden administration regarding its proposal to reschedule marijuana. Cassidy is requesting a briefing from White House officials by August 1 about its proposal to change marijuana from a Schedule I substance to a Schedule III substance. He states that HHS has “outright refused” to brief the Committee on the issue, while the Department of Justice has been nonresponsive to requests for a briefing. “Your agencies’ avoidance of the HELP Committee’s attempt to carry out its oversight responsibilities over a matter of critical importance to public health and safety is troubling,” Cassidy writes. “Refusing to engage with Congress on the merits of this policy furthers the perception that this change is driven by election-year politics, rather than the scientific evidence.”

 

 

Texas Congresswoman Jackson Lee Dies After Pancreatic Cancer Battle-Rep. Sheila Jackson Lee (D-Texas) passed away last week at the age of 74. Jackson Lee announced in June that she had been diagnosed with pancreatic cancer. She was first elected to represent Texas’ 18th Congressional District in 1994 and was a member of the Judiciary, Homeland Security, and Budget committees. At the time of her death Jackson Lee was also serving as a Democratic chief deputy whip. During her time in Congress Jackson Lee was a champion of civil rights, successfully working to reauthorize the Violence Against Women Act and establish Juneteenth as a federal holiday.

 

 

Menendez Found Guilty in Federal Corruption Trial-Sen. Bob Menendez (D-N.J.) was found guilty of corruption charges following a two-month trial on Tuesday. The judge has set a sentencing date for October 29. Menendez has faced calls to resign from his Senate colleagues following the conviction. “In light of this guilty verdict, Senator Menendez must now do what is right for his constituents, the Senate, and our country, and resign,” Senate Majority Leader Chuck Schumer (D-N.Y.) stated. New Jersey Gov. Phil Murphy (D) called on the Senate to vote to expel Menendez should he choose not to resign. Menendez has said he will appeal his conviction. If Menendez leaves office or is expelled, Gov. Murphy would name a replacement to serve until the end of the senator’s current term on January 3. 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.

 

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Johnson (R), OH (effective Jan. 21, 2024)
Wexton (D), VA Ferguson, IV, DMD, PC (R), GA
Kim, Andy (D), NJ Curtis (R), UT
Jackson, Jeff (D), NC Luetkemeyer (R), MO
Sarbanes (D), MD Lamborn (R), CO
Blumenauer (D), OR Bucshon, MD (R), IN
Kilmer (D), WA Pence (R), IN
Spanberger (D), VA Duncan (R), SC
Kildee (D), MI Armstrong (R), ND
Phillips (D), MN McMorris Rodgers (R), WA
Cardenas (D), CA Gallagher (R), WI (effective April 19, 2024)
Eshoo (D), CA LaTurner (R), KS
Manning (D), NC Graves (R), LA
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

 

Upcoming Congressional Hearings and Markups

House Rules Committee meeting to consider the rule for H.R.9027, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2025; 4:00 p.m.; July 22

 

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “Report Card: Assessing Electronic Health Record Modernization at the Captain James A. Lovell Federal Health Care Center;” 4:30 p.m.; July 22

 

House Oversight and Accountability Committee hearing “The Role of Pharmacy Benefit Managers in Prescription Drug Markets Part III: Transparency and Accountability;” 10:00 a.m.; July 23

 

House Energy and Commerce Subcommittee on Health hearing “Are CDC’s Priorities Restoring Public Trust and Improving the Health of the American People?” 10:30 a.m.; July 23

 

House Oversight and Accountability Subcommittee on Cybersecurity, Information Technology, and Government Innovation hearing “Enhancing Cybersecurity by Eliminating Inconsistent Regulations;” 9:00 a.m.; July 25

 

Senate HELP Committee executive session to authorize an investigation into the bankruptcy of Steward Health Care and a subpoena of Dr. Ralph de la Torre, Chairman and Chief Executive Officer, Steward Health Care Systems LLC; 10:00 a.m.; July 25

 

House Veterans’ Affairs Subcommittee on Health hearing “Life After Limb Loss: Examining VA Amputee Prosthetics Care;” 1:30 p.m.; July 30

 

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.9039-To require the Interagency Working Group on Toxic Exposure to conduct research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House-Veterans’ Affairs

 

H.R.9049-To amend title XIX of the Social Security Act to provide States with the option to provide coordinated care through a pregnancy medical home for high-risk pregnant women, and for other purposes; Sponsor: Nunn, Zachary [Rep.-R-IA-3]; Committees: House-Energy and Commerce

 

H.R.9050-To amend title 38, United States Code, to establish a grant program for the transportation of veterans who reside in highly rural areas to medical facilities; Sponsor: Peltola, Mary Sattler [Rep.-D-AK-At Large]; Committees: House – Veterans’ Affairs

 

H.R.9052-To extend the authority for the joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund; Sponsor: Schneider, Bradley Scott [Rep.-D-IL-10]; Committees: House-Armed Services; Veterans’ Affairs

 

H.R.9067-To amend titles XVIII and XIX of the Social Security Act to establish a waiver of certain training and certification requirements for specified skilled nursing facilities and nursing facilities; Sponsor: Guthrie, Brett [Rep.-R-KY-2]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.9070-To amend title 35, United States Code, to prohibit product hopping, and for other purposes; Sponsor: Issa, Darrell [Rep.-R-CA-48]; Committees: House-Judiciary; Ways and Means; Energy and Commerce

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Senate Passes Legislation Aimed at Patent Thickets

Senate Passes Legislation Aimed at Patent Thickets-The Senate passed the Affordable Prescriptions for Patients Act (S.150) by unanimous consent last week. The legislation aims to prevent the creation of patent thickets by pharmaceutical manufacturers by limiting the number of patents a drugmaker can use in patent infringement litigation against biosimilar competition. The version of the bill passed by the Senate last week cut a previously included provision that would have also prohibited product hopping by brand name companies seeking to limit generic competition. The bill, introduced by Sens. Richard Blumenthal (D-Conn.) and John Cornyn (R-Texas), would save an estimated $1.8 billion in federal spending over the next decade. The savings created by the bill could be used as a potential pay-for in a year-end health care package.

 

Appropriations Update-The Senate Appropriations Committee approved its fiscal year (FY) 2025 Agriculture-Food and Drug Administration (FDA) spending bill in a 27-0 vote last week. The bill would fund the FDA at $6.87 billion, a $22 million increase over FY2024 discretionary spending levels. House appropriators also advanced their Agriculture-FDA spending bill last week, which would fund the FDA at $6.75 billion. The bill was passed on a party line vote of 29-26.

 

The House Appropriations Committee approved its FY2025 Labor-Health and Human Services-Education (LHHS) spending bill in a 31-25 vote. The $185.8 billion measure represents an 11% cut compared to current funding levels. The U.S. Department of Health and Human Services would receive $107 billion in funding, a 7% cut. The House LHHS spending bill would hold NIH funding at current levels while proposing significant restructuring. Budgets for the Advanced Research Projects Agency for Health (ARPA-H) and Centers for Disease Control and Prevention (CDC) would be severely reduced, and funding for the Agency for Healthcare Quality and Research (AHRQ) would be completely eliminated.

 

The FY2025 Legislative Branch spending bill was defeated on the House floor last week, with 10 Republicans joining Democrats in voting against the bill in opposition to a provision that would have extended a 15-year pay freeze for members of Congress. Senate appropriators advanced their Legislative Branch measure out of committee in a 27-0 vote on Thursday. The Senate bill also proposes to keep member pay at its current level.

 

In addition to adopting top-line allocations for the 12 annual appropriations measures, Senate appropriators have also reached an agreement to increase the amount of FY 2025 emergency spending to $34.5 billion, with nondefense funding receiving $13.5 billion. Lawmakers have until September 30 to fund the federal government. Republican leadership in the House aim to pass all 12 annual appropriations bills on the House floor before the August recess, with Appropriations Chairman Tom Cole (R-Okla.) asserting that doing so will give the chamber a leg up on eventual government funding negotiations with the Senate. Cole has indicated that a continuing resolution will likely be necessary to keep the government open beyond the end of the fiscal year.

 

New FTC Report on PBM Industry-The Federal Trade Commission (FTC) released an interim staff report on pharmacy benefit managers (PBMs) last week. The report is a part of the agency’s ongoing inquiry into the role of prescription drug middlemen that was launched in 2022. FTC highlights the concentration and vertical integration that exists within the PBM services market, finding that the top three PBMs process nearly 80% of the approximately 6.6 billion prescriptions dispensed by U.S. pharmacies in 2023, and the top six PBMs process more than 90%. The report details how this consolidation allows PBMs to exercise significant influence over access to and affordability of prescription drugs, and outlines PBMs’ use self-preferencing, unfair contract terms, and efforts to limit access to low-cost competition. According to the Wall Street Journal, the FTC plans to sue Express Scripts, Caremark, and OptumRx for their negotiating tactics related to certain drugs, including insulin.

 

In response to the report, Senate Finance Committee Chair Ron Wyden (D-Ore.) highlighted his panel’s unanimous advancement of PBM reform legislation last November, stating he is “going to the mat to deliver that bill to the president’s desk this year.” Rep. Buddy Carter (R-Ga.), who has spearheaded legislative efforts to overhaul the PBM industry in the House, called on the FTC to “promptly complete its investigation and begin enforcement actions if-and when-it uncovers illegal and anticompetitive PBM practices.” It was reported last week that executives from CVS Caremark, Express Scripts, and OptumRx have agreed to testify before the House Oversight Committee in a hearing scheduled for July 23.

 

Speaker Johnson Promises September Vote on BIOSECURE-House Speaker Mike Johnson (R-La.) stated his intention to bring the BIOSECURE Act (H.R.8333) to the floor for a vote this September. The bill will be considered as a part of Johnson’s effort “to have a significant package of China-related legislation signed into law by the end of this year, this Congress.” 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. Both the House and Senate versions of the bill were advanced out of committee earlier this year.

 

GOP Committee Leaders Write Agencies in Wake of Chevron Decision-Republican committee leadership in the House of Representatives have written to more than two dozen federal agencies, including the U.S. Department of Health and Human Services, requesting a list of rules and adjudications that could be impacted by the Supreme Court’s recent decision to overturn the Chevron deference. The letters did not outline any specific regulations that the GOP intends to challenge, but did highlight the administration’s efforts around the climate, energy sector, and environmental, social, and governance (ESG) investing as based on “aggressive interpretations of statutes.” “We intend to ensure agencies are held accountable following the court’s ruling and observe the proper checks on their power,” House Majority Leader Steve Scalise (R-La.) said in a statement. Republicans request responses from federal agencies by the end of the month.

 

Rep. Garamendi Begins Treatment for Multiple Myeloma-Rep. John Garamendi (D-Calif.) has begun treatment for multiple myeloma. Garamendi stated that he expects to continue working but will limit travel to Washington and public events throughout the treatment process. “Today, I started my path to remission with chemo-immunotherapy as an outpatient at Kaiser Oncology in Sacramento,” Garamendi stated on Monday. “I’m grateful our President initiated the Cancer Moonshot and that California’s efforts in stem cell research and taxing cigarettes in the 1980s for cancer research have advanced therapies benefiting not only me, but every family dealing with cancer.”

 

AMA Releases New Survey Data on Physician Burnout-New survey data from the American Medical Association (AMA) show that U.S. physician burnout has fallen below 50% for the first time since 2020. Approximately 48% of physicians report feeling burnout last year, down from 53% in 2022 and from a record high rate of 63% in 2021. The AMA’s survey of more than 12,400 physicians from 81 organizations across 31 states requested input on six performance indicators: job satisfaction, job stress, burnout, intent to leave an organization, feeling valued by an organization, and total hours spent per week on work-related activities. The AMA found that between 2022 and 2023, physician job satisfaction improved, job stress decreased, and more physicians feel valued by their organizations.

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Burgess, MD (R), TX
Trone (D), MD Wenstrup, DPM (R), OH
Blunt Rochester (D), DE McHenry (R), NC
Napolitano (D), CA Johnson (R), OH (effective Jan. 21, 2024)
Wexton (D), VA Ferguson, IV, DMD, PC (R), GA
Kim, Andy (D), NJ Curtis (R), UT
Jackson, Jeff (D), NC Luetkemeyer (R), MO
Sarbanes (D), MD Lamborn (R), CO
Blumenauer (D), OR Bucshon, MD (R), IN
Kilmer (D), WA Pence (R), IN
Spanberger (D), VA Duncan (R), SC
Kildee (D), MI Armstrong (R), ND
Phillips (D), MN McMorris Rodgers (R), WA
Cardenas (D), CA Gallagher (R), WI (effective April 19, 2024)
Eshoo (D), CA LaTurner (R), KS
Manning (D), NC Graves (R), LA
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

Upcoming Congressional Hearings and Markups

House Veterans’ Affairs Subcommittee on Technology Modernization hearing “Report Card: Assessing Electronic Health Record Modernization at the Captain James A. Lovell Federal Health Care Center;” 4:30 p.m.; July 22

 

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

S.4630-A bill to establish an interagency committee to harmonize regulatory regimes in the United States relating to cybersecurity, and for other purposes; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate-Homeland Security and Governmental Affairs

 

S.4635-A bill to require a report and updated guidance on continued risk management for pharmaceutical supply chains of Department of Defense; Sponsor: Peters, Gary C. [Sen.-D-MI]; Committees: Senate-Armed Services

 

H.R.8942-To amend the Indian Health Care Improvement Act to ensure that certain employees, providers, and volunteers associated with the Indian Health Service receive educational training in the history and culture of the Tribes served by such persons, and for other purposes; Sponsor: Hageman, Harriet M. [Rep.-R-WY-At Large]; Committees: House-Natural Resources; Energy and Commerce

 

H.R.8948-To amend title 18, United States Code, to limit the ability to assess a fee for health care services for prisoners, and for other purposes; Sponsor: Norton, Eleanor Holmes [Del.-D-DC-At Large]; Committees: House-Judiciary

 

S.Res.757-A resolution designating the week of May 5, 2024, through May 11, 2024, as “Tardive Dyskinesia Awareness Week”; Sponsor: Mullin, Markwayne [Sen.-R-OK]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4641-A bill to provide for certain reforms pertaining to Chevron deference; Sponsor: Cotton, Tom [Sen.-R-AR]; Committees: Senate-Homeland Security and Governmental Affairs

 

H.R.8955-To amend the Indian Health Care Improvement Act to ensure that, whenever the Indian Health Service undertakes an investigation into the professional conduct of a licensee of a State, the Service notifies the relevant State medical board, and for other purposes; Sponsor: Johnson, Dusty [Rep.-R-SD-At Large]; Committees: House-Natural Resources; Energy and Commerce

 

H.R.8956-To amend the Indian Health Care Improvement Act for the development and implementation of a centralized system to credential licensed health professionals who seek to provide health care services at any Indian Health Service unit; Sponsor: Newhouse, Dan [Rep.-R-WA-4]; Committees: House-Natural Resources; Energy and Commerce

 

H.R.8964-To amend the HITECH Act to allow an individual to obtain a copy of such individual’s protected health information at no cost unless certain circumstances apply, and for other purposes; Sponsor: Foster, Bill [Rep.-D-IL-11]; Committees: House-Energy and Commerce

 

H.R.8966-To amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian Health Service, restore accountability in the Indian Health Service, improve health services, and for other purposes; Sponsor: Johnson, Dusty [Rep.-R-SD-At Large]; Committees: House-Natural Resources; Energy and Commerce; Ways and Means; Oversight and Accountability

 

S.Res.761-A resolution 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: Sullivan, Dan [Sen.-R-AK]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4667-A bill to amend title 31, United States Code, to establish the Life Sciences Research Security Board, and for other purposes; Sponsor: Paul, Rand [Sen.-R-KY]; Committees: Senate-Homeland Security and Governmental Affairs

 

H.Res.1350-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: Crow, Jason [Rep.-D-CO-6]; Committees: House-Foreign Affairs; Energy and Commerce

 

H.R.8977-To amend title XI of the Social Security Act to require the Center for Medicare and Medicaid Innovation to test an emergency medical services treatment-in-place model under the Medicare program; Sponsor: Carey, Mike [Rep.-R-OH-15]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8981-To amend the SUPPORT for Patients and Communities Act to improve trauma support services and mental health care for children and youth in educational settings, and for other purposes; Sponsor: Hayes, Jahana [Rep.-D-CT-5]; Committees: House-Education and the Workforce

 

H.R.8987-To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to ensure cost sharing for a drug does not exceed the nationwide average of consumer purchase prices for such drug; Sponsor: Porter, Katie [Rep.-D-CA-47]; Committees: House-Energy and Commerce; Ways and Means; Education and the Workforce

 

S.Res.764-A resolution expressing support for the designation of July 2024 as “National Sarcoma Awareness Month”; Sponsor: Johnson, Ron [Sen.-R-WI]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4671-A bill to limit cost sharing for prescription drugs, and for other purposes; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4682-A bill to amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes; Sponsor: Whitehouse, Sheldon [Sen.-D-RI]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4684-A bill to ensure affordable health insurance coverage for low-income individuals in States that have not expanded Medicaid; Sponsor: Warnock, Raphael G. [Sen.-D-GA]; Committees: Senate-Finance

 

S.4690-An original bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2025, and for other purposes; Sponsor: Heinrich, Martin [Sen.-D-NM]; Committees: Senate-Appropriations

 

S.4691-A bill to amend the Internal Revenue Code of 1986 to deny the deduction for advertising and promotional expenses for prescription drugs; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Finance

 

S.4697-A bill to enhance the cybersecurity of the Healthcare and Public Health Sector; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate-Homeland Security and Governmental Affairs

 

S.4717-A bill to include pregnancy and loss of pregnancy as qualifying life events under the TRICARE program and to require a study on maternal health in the military health system, and for other purposes; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate-Armed Services

 

S.4724-A bill to amend title XXXIII of the Public Health Service Act with respect to flexibility and funding for the World Trade Center Health Program; Sponsor: Gillibrand, Kirsten E. [Sen.-D-NY]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Res.1356-Expressing support for the designation of October 9 through October 16, 2024, as “National Dyspraxia/Developmental Coordination Disorder (DCD) Awareness Week” and a commitment to raise awareness of dyspraxia/DCD in the United States; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House-Energy and Commerce

 

H.J.Res.186-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Trade Commission entitled “Non-Compete Clause Rule”; Sponsor: Palmer, Gary J. [Rep.-R-AL-6]; Committees: House-Judiciary

 

H.R.8999-To amend title XVIII of the Social Security Act to provide coverage and payment under such title for certain treatments for dialysis-related amyloidosis, and for other purposes; Sponsor: Babin, Brian [Rep.-R-TX-36]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9001-To amend title XVIII of the Social Security Act to revise certain physician self-referral exemptions relating to physician-owned hospitals; Sponsor: Burgess, Michael C. [Rep.-R-TX-26]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.9008-To amend the Public Health Service Act to require the Secretary to award grants, contracts, or cooperative agreements to eligible entities to establish, maintain, or improve activities related to the detection and monitoring of infectious diseases through wastewater for public health emergency preparedness and response purposes, and for other purposes; Sponsor: Garcia, Robert [Rep.-D-CA-42]; Committees: House-Energy and Commerce

 

H.R.9020-To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes; Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House-Energy and Commerce

 

H.R.9021-To amend the Internal Revenue Code of 1986 to deny the deduction for advertising and promotional expenses for prescription drugs; Sponsor: Slotkin, Elissa [Rep.-D-MI-7]; Committees: House-Ways and Means

 

H.R.9022-To include pregnancy and loss of pregnancy as qualifying life events under the TRICARE program and to require a study on maternal health in the military heath system, and for other purposes; Sponsor: Stefanik, Elise M. [Rep.-R-NY-21]; Committees: House-Armed Services

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President Signs Parkinson’s Bill into Law

President Signs Parkinson’s Bill into Law-The Dr. Emmanuel Bilirakis and Honorable Jennifer Wexton National Plan to End Parkinson’s Act (H.R.2365) was signed into law by President Biden last week. The bill requires the U.S. Department of Health and Human Services (HHS) to carry out a project to address Parkinson’s disease and other related conditions. HHS is charged with implementing a national plan to coordinate and guide efforts to prevent, diagnose, treat, and cure the disease. The legislation also establishes a council of federal and nonfederal stakeholders to advise and make recommendations on the prevention and treatment of Parkinson’s. The legislation is named in honor of Rep. Bilirakis’ (R-Fla.) brother, Dr. Emmanuel Bilirakis who passed away earlier this year after battling the disease, and Rep. Wexton (D-Va.) who last fall announced her diagnosis of Progressive Supra-nuclear Palsy, type-p (PSP-P), a form of Atypical Parkinsonism and plans to retire at the end of this Congress.

 

Cassidy Urges Agency Compliance with Chevron Decision-Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bill Cassidy, M.D. (R-La.) has sent letters to federal agencies under his panel’s jurisdiction regarding their plans for complying with the Supreme Court’s overturning of the Chevron deference. “For too long, Chevron deference allowed unelected bureaucrats, insulated from political accountability to exercise power that exceeds their authority. Such unfettered power is a perversion of the Constitution,” Cassidy wrote. “The Supreme Court’s decision helps return the role of legislating back to the people’s elected representatives.” Cassidy specifically highlights the Food and Drug Administration’s (FDA) laboratory developed test rule, the U.S. Department of Health and Human Services’ (HHS) implementation of the No Surprises Act, and HHS’ proposed march-in rights framework as deserving further scrutiny in light of the high court’s recent decision. His letter to HHS can be found here and his letter to the FDA can be found here. He has requested the Agencies respond to his specific questions by July 19, 2024.

 

GOP Committee Chairs Investigate ACA Plan Fraud-Republican leadership of the House Energy and Commerce, Ways and Means, and Judiciary committees are asking that the HHS Office of the Inspector General and the Government Accountability Office investigate the scope of improper enrollment in the Affordable Care Act (ACA) marketplace as well as improperly paid subsidies. The request follows a new report from Paragon Health Institute estimating that four to five million people are improperly enrolled in fully subsidized ACA plans at a cost of $15 to $26 billion per year to taxpayers. “Runaway deficits and debt are threatening to breach historic levels in the next decade, and, by 2054, the cost of simply servicing our national debt will more than double relative to gross domestic product,” the lawmakers write. “Given this grave situation, it is critical that the federal government safeguard increasingly scarce resources to ensure that every dollar spent goes as far as possible to improve Americans’ wellbeing.”

 

Biden, Sanders Pen Drug Pricing Op-Ed-Senate HELP Committee Chairman Bernie Sanders (I-Vt.) joined President Biden last week in penning a USA Today op-ed calling on pharmaceutical companies to lower prescription drug prices. The piece specifically urges Novo Nordisk and Eli Lilly to reduce the “unconscionably high prices” of weight-loss and diabetes medications. Biden and Sanders highlight their ongoing work on legislation to increase the number of prescription drugs subject to the Inflation Reduction Act’s Medicare drug price negotiation program to at least 50 a year. “If Novo Nordisk and other pharmaceutical companies refuse to substantially lower prescription drug prices in our country and end their greed, we will do everything within our power to end it for them,” they write.

 

Judge Partially Blocks FTC’s Ban on Noncompete Agreements-A U.S. district court judge has temporarily restricted the Federal Trade Commission (FTC) from implementing a ban on employment contracts containing noncompete clauses. The regulation was set to go into effect in September prior to the federal judge’s decision that the agency lacks the appropriate authority for such a rule. The order only currently applies to the plaintiffs in the case-including tax services firm Ryan, the Business Roundtable, the U.S. Chamber of Commerce, and two Texas business groups-but Judge Ada E. Brown has stated her plans to issue a broader ruling by the end of August. In response, a spokesman for the agency stated that the FTC stands by its “clear authority, supported by statute and precedent, to issue this rule,” and that the agency “will keep fighting to free hardworking Americans from unlawful noncompetes, which reduce innovation, inhibit economic growth, trap workers, and undermine Americans’ economic liberty.”

 

Congressional Retirements and Resignations-The state of Virginia has certified the victory of former Navy SEAL John McGuire over incumbent Bob Good (R-Va.) in the primary race for the 5th congressional district by a margin of less than 400 votes. Good was first elected to Congress in 2020. He currently chairs the House Freedom Caucus and serves on the Budget and Education and Labor committees. Good has stated that he will seek a recount.

 

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

 

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Buck (R), CO (effective March 22, 2024)
Trone (D), MD Burgess, MD (R), TX
Blunt Rochester (D), DE Wenstrup, DPM (R), OH
Napolitano (D), CA McHenry (R), NC
Wexton (D), VA Johnson (R), OH (effective Jan. 21, 2024)
Kim, Andy (D), NJ Ferguson, IV, DMD, PC (R), GA
Jackson, Jeff (D), NC Curtis (R), UT
Sarbanes (D), MD Luetkemeyer (R), MO
Blumenauer (D), OR Lamborn (R), CO
Kilmer (D), WA Bucshon, MD (R), IN
Spanberger (D), VA Pence (R), IN
Kildee (D), MI Duncan (R), SC
Phillips (D), MN Armstrong (R), ND
Cardenas (D), CA McMorris Rodgers (R), WA
Eshoo (D), CA Gallagher (R), WI (effective April 19, 2024)
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Graves (R), LA
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

Upcoming Congressional Hearings and Markups

House Appropriations Committee markup of FY 2025 Labor, Health and Human Services, Education, and Related Agencies Act; 9:00 a.m.; July 10

 

Senate Appropriations Committee markup of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2025; Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2025; and Legislative Branch Appropriations Act, 2025; 9:30 a.m.; July 11

 

Senate Health, Education, Labor, and Pensions Committee hearing “What Can Congress Do to End the Medical Debt Crisis in America?” 10:00 a.m.; July 11

 

Senate Special Committee on Aging hearing “Health Care Transparency: Lowering Costs and Empowering Patients;” 10:00 a.m.; July 11

 

Senate Commerce, Science, and Transportation Committee hearing to examine the need to protect American’s privacy and the AI Accelerant; 10:00 a.m.; July 11

 

Senate Homeland Security and Government Affairs hearing to examine the U.S. taxpayer funded high-risk virus research; 10:30 a.m.; July 11

 

House Ways and Means Committee field hearing “Access to Health Care in America: Unleashing Medical Innovation and Economic Prosperity;” Salt Lake City, UT; 10:00 a.m.; July 12

 

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

 

Recently Introduced Health Legislation

H.Res.1330-Supporting the goals and ideals of Alzheimer’s and Brain Awareness Month; Sponsor: Barragan, Nanette Diaz [Rep.-D-CA-44]; Committees: House-Energy and Commerce

 

H.R.8881-To amend title 38, United States Code, to permanently authorize the performance of Department of Veterans Affairs disability examinations by non-Department physicians pursuant to contracts, and for other purposes. Sponsor: Ciscomani, Juan [Rep.-R-AZ-6]; Committees: House-Veterans’ Affairs

 

H.R.8882-To amend the Internal Revenue Code of 1986 to treat amounts paid for private umbilical cord blood, or umbilical cord tissue, banking services as medical care expenses; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House – Ways and Means

 

H.R.8889-To provide for the sunset of rules upheld based on Chevron deference; Sponsor: Green, Mark E. [Rep.-R-TN-7]; Committees: House-Judiciary; Oversight and Accountability; Rules

 

H.R.8901-To amend the Public Health Service Act to provide for the designation of institutions of higher education as Centers of Excellence in Cannabis Research, and for other purposes; Sponsor: Peters, Scott H. [Rep.-D-CA-50]; Committees: House-Energy and Commerce; Judiciary

 

H.R.8905-To direct the Secretary of Health and Human Services to conduct a study and submit to Congress a report on neonatal abstinence syndrome, and for other purposes; Sponsor: McMorris Rodgers, Cathy [Rep.-R-WA-5]; Committees: House-Energy and Commerce

 

H.J.Res.181-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to “Definition of ‘Employer’-Association Health Plans”; Sponsor: Walberg, Tim [Rep.-R-MI-5]; Committees: House-Education and the Workforce

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Supreme Court Overturns Chevron Doctrine

Supreme Court Overturns Chevron Doctrine-The Supreme Court struck down the four-decade old legal precedent known as the Chevron deference in a 6-3 ruling along ideological lines on Friday. The decision, which comes in response to litigation concerning fishing industry regulation, strips federal agencies of their ability to interpret ambiguous laws passed by Congress. Under the Chevron deference doctrine, judges would defer to regulators when congressional intent was ambiguous. Writing in the majority opinion, Chief Justice John Roberts states that courts may no longer “defer to an agency interpretation of the law simply because a statute is ambiguous.” Roberts argued that Chevron cannot be reconciled with the Administrative Procedure Act, which governs judicial review of agency actions. In her dissent, Justice Elena Kagan contends that the ruling will “flip the script,” so that courts, rather than federal agencies “will wield power when Congress has left an area of interpretive discretion.” However, the opinion makes clear that the Chevron doctrine was directed at questions of law and statute, but that the Administrative Procedure Act directs that courts provide deference to agencies in matters of policymaking and factfinding.

 

The Chevron decision will have significant implications for both federal agencies and the role of the court system in future federal regulations. While the high court stated that past decisions relying on the Chevron doctrine will remain intact, experts expect a wide range of recent regulations will now be challenged now that the Chevron doctrine is no longer in place, including but not limited to environmental regulations, like those related to auto pollution limits and power plant emissions, as well as regulations related to net neutrality, non-compete agreements, online privacy, and independent contractor status.

 

The Supreme Court ruling is also expected to result in a significant increase in litigation challenging health care related regulations. Because the Affordable Care Act’s (ACA) preventive health coverage requirements do not spell out specific services, and the Inflation Reduction Act’s Medicare drug price negotiations program does not specify certain processes, both may be prominent targets for litigation. Experts have also called into question the vulnerability of the National Institutes of Health’s (NIH) clinical trial regulations.

 

Justice Kagan’s dissent specifically warns of the impact this decision will have on federal agencies dealing with complex scientific questions, writing “When does an alpha amino acid polymer qualify as a ‘protein’? I don’t know many judges who would feel confident resolving that issue…But the FDA likely has scores of scientists on staff who can think intelligently about it, maybe collaborate with each other on its finer points, and arrive at a sensible answer.” While the Food and Drug Administration’s (FDA) authority over individual product approval decisions is based in statute-and thus will not be impacted by the high court’s Chevron decision-experts have warned that the agency’s overall decision-making process could slow, increasing the time it takes to bring new drugs and medical devices to market. The FDA’s recent laboratory-developed test regulation, along with its breakthrough device designation, have both been identified as rules that could be particularly vulnerable to legal challenge. On the whole, all agencies across federal government must now devote more time and resources to support the legal standing of any regulatory decisions being made.

 

The decision is also likely to have a significant impact on legislative advocacy. The deference afforded to agencies via the Chevron doctrine was only applicable when Congressional intent was not clear and “the statute is silent or ambiguous with respect to the specific issue.” The ruling now places greater emphasis on both more precise text as well as more express delegations of agency authority where Constitutionally permissible.

 

Appropriations Update-Appropriators in the House of Representatives advanced their fiscal year (FY) 2025 Labor-Health and Human Services spending bill out of subcommittee last week. The $185.8 billion measure amounts to an 11% cut to currently enacted funding levels. The bill includes $8.5 billion for the U.S. Department of Health and Human Services (HHS), a 7% cut. The Centers for Disease Control and Prevention would receive $1.7 billion, a 22% decrease. While funding for the NIH would remain flat at $48 billion, the bill proposes to restructure the research agency, reducing the number of centers from 27 to 15 while increasing congressional oversight of NIH operations. The bill includes anti-abortion measures like the Hyde Amendment, as well as a prohibition on funding for the Title X family planning program and gender affirming care. It also contains provisions to defund climate change, sex education, and gun violence programs. Full committee markup of the bill is scheduled for July 10, with Ranking Member Rosa DeLauro (D-Conn.) stating that Democrats will “accept nothing less” than a 1% increase in spending. A summary of the bill is availablehere. Bill text is availablehere.

 

The House Appropriations Committee also advanced the FY2025 Interior, Environment, and Related Agencies bill out of subcommittee. The spending measure totals $38.5 billion, $72 million below currently enacted levels, and includes significant cuts to the Environmental Protection Agency’s budget. It would also bar funding for several Biden administration climate change and environmental justice initiatives. The FY2025 Commerce-Justice-Science spending bill and Energy and Water Development spending bill were also advanced out of subcommittee.

 

The full House passed its FY2025 State, Foreign Operations, and Related Programs appropriations bill (H.R. 8771) on Friday in a 212-200 vote. The bill reduces funding for the State Department and the U.S. Agency for International Development by 11%. The legislation would eliminate funding for the World Health Organization and other United Nations’ entities. It also includes a provision barring funding for any global health organizations that promote or perform abortions, even if they use outside resources for such activities. The House also passed its FY2025 funding bill for the Department of Homeland Security (H.R.8752) and the Department of Defense (H.R.8774) last week.

 

Despite the absence of a bipartisan agreement on topline spending levels, Senate Appropriations Chair Patty Murray (D-Wash.) has confirmed that her panel will begin moving ahead with their spending bills after the Fourth of July recess. Republican leadership in the House aim to pass all 12 annual appropriations bills on the House floor before the August recess. Lawmakers have until September 30 to fund the federal government, with senators seeking a slight increase in nondefense funding, while House Republicans are pushing for a 6% cut in spending. House Appropriations Chairman Tom Cole (R-Okla.) has indicated that a continuing resolution will likely be necessary to keep the government open beyond the end of the fiscal year.

 

Ways and Means Advances Four Health Bills-The House Ways and Means Committee favorably reported four health care related bills to the full House of Representatives last week.

  • R.2407,Nancy Gardner Sewell Medicare Multi-Cancer Early Detection Screening Coverage Act, was advanced 38-0.
  • R.8816,American Medical Innovation and Investment Act, was advanced 40-0.
  • R.1691,Ensuring Patient Access to Critical Breakthrough Products Act, was advanced 36-5. The Democrats voting in opposition to the bill raised concerns about device safety and restricting the Centers for Medicare and Medicaid Services’ authority to set coverage guardrails.
  • R.4818,Treat and Reduce Obesity Act, was advanced 36-4. The Democrats who voted no expressed their disappointment in the limited scope of the legislation, which had been scaled back in an effort to lower the cost of the measure.

 

E&C Cancels Markup of Health Legislation –The House Energy and Commerce Committee canceled its scheduled markup last week. The panel had planned to consider 11 bills, including four health care related measures: H.R.7188, Shandra Eisenga Human Cell and Tissue Product Safety Act; H.R.3433, Give Kids a Chance Act of 2024; H.R.670, Think Differently Database Act; and H.R.7623, Telehealth Modernization Act of 2024. Committee leadership scrapped the markup after House Republican leadership expressed opposition to H.R.8818, American Privacy Rights Act of 2024. The data privacy legislation is considered a career legacy effort for retiring Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.), who is retiring from Congress at the end of the year.

 

Lawmakers Urge Oversight of AI in Medicare Advantage-A bicameral group of lawmakers led by Sen. Elizabeth Warren (D-Mass.) and Reps. Judy Chu (D-Calif.) and Jerrold Nadler (D-N.Y.) are calling on the Centers for Medicare and Medicaid Services (CMS) to reign in the use of AI for prior authorization and coverage decisions by Medicare Advantage (MA) plans. The letter, also signed by 48 House and Senate Democrats and Senator Mike Braun (R-Ind.), highlights the need for more detailed guidance to protect access to care for Medicare beneficiaries and improve clarity for providers. The lawmakers specifically recommend that CMS:

  • Clarify the specific elements that must be contained in denial notices.
  • Establish an approval process to review AI and algorithmic tools and their inputs to ensure the integrity of their use and conduct a review of algorithm and AI tools currently being used.
  • Prohibit the use of AI/algorithmic tools and software from use in coverage denials until a systematic review of their use can be completed.
  • Clarify how CMS distinguishes between uses of algorithms or software that account for individual circumstances and those that do not, specify what criteria, methods, or data will be used to determine this distinction, and clarify how this requirement will be enforced and communicated to plans.
  • Clarify when MA organizations are able to use internal coverage criteria when making medical necessity determinations for basic Medicare benefits.
  • Impose a minimum time period during which MA plans cannot issue a termination notice after their prior termination decision has been reversed by a Medicare contractor.

 

BIOSECURE Receives Favorable CBO Score-The Congressional Budget Office (CBO) has released its score of the BIOSECURE Act (H.R.8333), finding that the legislation would not have a significant impact on federal spending. 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. Both the House and Senate versions of the bill were advanced out of committee earlier this year.

 

Analysts Score Impact of Making Permanent Enhanced Affordable Care Act Tax Credits-CBO and the Joint Committee on Taxation (JCT) estimate that making permanent expanded tax credits under the ACA would increase the federal budget deficit by $336 billion over the next decade, and result in the coverage of nearly seven million additional individuals through ACA marketplace plans during the same time period. According to CBO and the JCT, such a change would also result in a 3.5 million-person decrease in employer-based coverage. The analysis was requested by Republicans on the House Budget and Ways and Means committees who oppose the Biden administration’s proposal to make permanent the enhanced refundable premium tax credits to purchase health insurance through the ACA marketplaces, which are currently set to expire at the end of 2025. In their letter to lawmakers, the analysts also estimate that a recent CMS regulation from making Deferred Action for Childhood Arrivals recipients eligible for the ACA marketplace will increase the deficit by $7 billion over the next decade.

 

CMS Issues Proposed Rule on Suspect Billing Activity and ACO Reconciliation-The Biden administration is proposing a new regulation to shield health care providers from the impact of suspicious Medicare billing activity. The rule follows a major increase in spending on urinary catheters last year. The HHS Office of the Inspector General has reported on a fraud scheme involving scammers contacting Medicare enrollees, offering free services, and using the individual’s enrollment information to bill the Medicare program for catheters. The proposed rule from CMS would exclude payments for two urinary catheter codes from the calculation of accountable care organizations’ (ACO) 2023 financial performance.

 

Supreme Court Allows Emergency Abortions in Idaho, For Now-The Supreme Court has dismissed a pair of abortion related cases, Moyle v. United States and Idaho v. United States, as “improvidently”- or mistakenly granted, without ruling on the merits of the dispute. The move reinstates the August 2022 district court preliminary injunction of an Idaho law that called into question physicians’ ability to provide stabilizing care, including abortion, in an emergency setting. Idaho’s law banned abortion except in cases to save the life of a pregnant woman. The federal Emergency Medical Treatment and Labor Act (EMTALA) requires treatment to stabilize patients with emergency medical conditions. The district court concluded that, under the Constitution, EMTALA preempts state law. The Supreme Court’s dismissal of Idaho’s challenge does not answer questions about whether doctors can provide emergency abortions elsewhere in the nation.

 

Durbin Recovering Hip Replacement Surgery-Sen. Dick Durbin (D-Ill.), 79, underwent hip replacement surgery on Thursday and will remain in his home state until cleared by his physician to return to Capitol Hill.  Durbin was first elected to the Senate in 1996. He was reelected to a fifth term in 2020, and currently serves as chairman of the Senate Judiciary Committee.

 

Congressional Retirements and Resignations-Rep. Jamaal Bowman (D-N.Y.) lost the Democratic primary for New York’s 16th congressional district last week. Bowman, who currently sits on the Education and Workforce and Science, Space, and Technology committees, was first elected to Congress in 2020 and is a member of the progressive group of Democrats known as “the squad.” His more centrist challenger was George Latimer, a Westchester County Executive.

 

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

SENATE
Stabenow (D), MI Braun (R), IN
Cardin (D), MD Romney (R), UT
Carper (D), DE
Butler (D), CA
Manchin (D), WV
Sinema (I), AZ
HOUSE OF REPRESENTATIVES
Porter (D), CA Mooney (R), WV
Lee (D), CA Banks (R), IN
Gallego (D), AZ Bishop (R), NC
Schiff (D), CA Lesko (R), AZ
Slotkin (D), MI Granger (R), TX
Allred (D), TX Buck (R), CO (effective March 22, 2024)
Trone (D), MD Burgess, MD (R), TX
Blunt Rochester (D), DE Wenstrup, DPM (R), OH
Napolitano (D), CA McHenry (R), NC
Wexton (D), VA Johnson (R), OH (effective Jan. 21, 2024)
Kim, Andy (D), NJ Ferguson, IV, DMD, PC (R), GA
Jackson, Jeff (D), NC Curtis (R), UT
Sarbanes (D), MD Luetkemeyer (R), MO
Blumenauer (D), OR Lamborn (R), CO
Kilmer (D), WA Bucshon, MD (R), IN
Spanberger (D), VA Pence (R), IN
Kildee (D), MI Duncan (R), SC
Phillips (D), MN Armstrong (R), ND
Cardenas (D), CA McMorris Rodgers (R), WA
Eshoo (D), CA Gallagher (R), WI (effective April 19, 2024)
Manning (D), NC LaTurner (R), KS
Nickel (D), NC Graves (R), LA
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH
Bowman (D), NY

 

 

Upcoming Congressional Hearings and Markups

Senate Health, Education, Labor, and Pensions 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.8798-To amend subpart 2 of part B of the Social Security Act to promote community-based prevention services, and for other purposes; Sponsor: Carey, Mike [Rep.-R-OH-15]; Committees: House-Ways and Means

 

H.R.8801-To amend the Public Health Service Act to provide more opportunities for mothers to succeed, and for other purposes; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.8806-To direct the Comptroller General of the United States to carry out a study relating to the resiliency of Social Security and Medicare; Sponsor: Nunn, Zachary [Rep.-R-IA-3]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.8816-To amend title XVIII of the Social Security Act to provide for a cognitive impairment detection benefit under the Medicare program, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8817-To improve data collection and reporting for youth in residential treatment programs; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House-Ways and Means

 

H.R.8818-To provide Americans with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement, and for other purposes; Sponsor: McMorris Rodgers, Cathy [Rep.-R-WA-5]; Committees: House-Energy and Commerce

 

H.R.8819-To amend the Internal Revenue Code of 1986 to provide for a credit against tax, or refund of tax, for certain Federal insurance taxes for employees who are members of religious faiths which oppose participation in such insurance; Sponsor: Balderson, Troy [Rep.-R-OH-12]; Committees: House-Ways and Means

 

H.R.8820-To amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for long-term care insurance premiums and to reduce certain tax credits; Sponsor: Burlison, Eric [Rep.-R-MO-7]; Committees: House-Ways and Means

 

H.R.8821-To ensure coverage for the treatment of infertility for certain conditions; Sponsor: Chavez-DeRemer, Lori [Rep.-R-OR-5]; Committees: House-Education and the Workforce

 

H.R.8832-To direct the Secretary of Health and Human Services to issue guidance on payment under the Medicare program for certain items involving artificial intelligence; Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8834-To establish a Supply Chain Fraud and Theft Task Force; Sponsor: Valadao, David G. [Rep.-R-CA-22]; Committees: House-Judiciary

 

H.R.8839-To require the Secretary of Health and Human Services to issue guidance to States on best practices for screening and treatment of congenital syphilis under Medicaid and the Children’s Health Insurance Program; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce

 

H.R.8848-To amend the Federal Food, Drug, and Cosmetic Act to allow for the importation of affordable and safe drugs by wholesale distributors, pharmacies, and individuals; Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House-Energy and Commerce

 

H.R.8849-To amend title XVIII of the Social Security Act to improve the national and local coverage determination processes under the Medicare program; Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House-Ways and Means; Energy and Commerce

 

H.Res.1325-Supporting the designation of the month of June 2024, as “National Men’s Health Month”; Sponsor: Carter, Troy A. [Rep.-D-LA-2]; Committees: House-Oversight and Accountability

 

H.R.8857-To amend the Public Health Service Act to prohibit discrimination against health care entities that do not participate in abortion, and to strengthen implementation and enforcement of Federal conscience laws; Sponsor: Banks, Jim [Rep.-R-IN-3]; Committees: House-Energy and Commerce

 

H.R.8860-To amend the Internal Revenue Code of 1986 to enhance the paid family and medical leave credit, and for other purposes; Sponsor: Feenstra, Randy [Rep.-R-IA-4]; Committees: House-Ways and Means

 

H.R.8861-To amend the Federal Food, Drug, and Cosmetic Act to extend the destruction authority of the Secretary of Health and Human Services to articles that present a significant public health concern, and for other purposes; Sponsor: Higgins, Clay [Rep.-R-LA-3]; Committees: House-Energy and Commerce

 

H.R.8869-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: Perry, Scott [Rep.-R-PA-10]; Committees: House-Energy and Commerce