Lawmakers to Discuss Gain-of-Function Research Funding Report at Hearing This Week

The U.S. Department of Health and Human Services Office of the Inspector General (OIG) released a report last week summarizing the findings of its audit of the National Institutes of Health’s (NIH) grant awards to EcoHealth Alliance, NIH’s monitoring of EcoHealth, and EcoHealth’s use of grant funds, including its monitoring of subawards to a foreign entity. The audit examined three NIH awards to EcoHealth totaling approximately $8 million, which included $1.8 million of EcoHealth’s subawards to eight subrecipients, including the Wuhan Institute of Virology (WIV). OIG concludes that despite identifying potential risks associated with research being performed under the EcoHealth awards, NIH did not effectively monitor or take timely action to address EcoHealth’s compliance with some requirements. Other deficiencies in the oversight of the awards identified by OIG include NIH’s improper termination of a grant; EcoHealth’s inability to obtain scientific documentation from WIV; and EcoHealth’s improper use of grant funds, resulting in $89,171 in unallowable costs. The report will be discussed during a congressional hearing scheduled for February 1 before the House Energy and Commerce Subcommittee on Oversight and Investigations.

Membership of the Select Subcommittee on the Coronavirus Pandemic

House Speaker Kevin McCarthy (R-Calif.) named the members of the Select Subcommittee on the Coronavirus Pandemic last week. The panel, which was established by the new rules package adopted by the House of Representatives earlier this month, will be comprised of Chair Brad Wenstrup (R-Ohio) alongside Reps. Nicole Malliotakis (R-N.Y.), Mariannette Miller-Meeks (R-Iowa), Debbie Lesko (R-Ariz.), Michael Cloud (R-Texas), John Joyce (R-Pa.), Marjorie Taylor Greene (R-Ga.), Ronny Jackson (R-Texas) and Rich McCormick (R-Ga.). The subcommittee, which is housed within the House Committee on Oversight and Accountability, has been charged with investigating the origins of COVID-19, the use of taxpayer funding and relief programs to address the pandemic, the efficacy of the federal government’s pandemic preparedness and response to the spread of COVID-19, and the nation’s implementation of vaccine policies.

Health Panel Leadership Preview Agendas for 118th Congress

House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) announced last week that Rep. Brett Guthrie (R-Ky.) will serve as the new chair of panel’s Health Subcommittee. Guthrie has previewed his agenda for the 118th Congress, stating that he plans to focus on health care price transparency, issues related to fentanyl, drug scheduling, and mental health, and expanding access to telehealth in a sustainable way.
Rep. Vern Buchanan (R-Fla.) will serve as chair of the Ways and Means Health Subcommittee, as well as the vice chair of the full panel. Buchanan was a co-chair of the Republicans’ Healthy Future Task Force last congress, which focused on the opioid crisis, modernizing health care delivery, and reducing health care costs. Rep. Lloyd Doggett (D-Texas) will continue to serve as the subcommittee’s ranking member. Doggett has said that his top priority will be protecting Medicare from any Republican attempts to scale back the program, while ensuring equitable access to telehealth and preventing telehealth fraud and abuse represents a potential area of bipartisan compromise.
On the Senate side, Finance Committee Chair Ron Wyden (D-Ore.) has discussed his plans to expand upon his previous work on the CHRONIC Care Act. The law, spearheaded by Wyden and the late Sen. Orrin Hatch (R-Utah), expanded access to telehealth in the Medicare Advantage program as well as at-home dialysis care. In addition to further allowing Medicare to pay for nonmedical services for people with chronic conditions, Wyden also plans to focus on the role of pharmacy benefit managers and mental health issues – including payment parity, workforce challenges, and ghost networks – in the 118th Congress. Wyden has also pledged to investigate broader health care workforce issues such as nursing shortages.
Hart Health Strategies Inc. continues to track the latest committee leadership and roster announcements in our Guide to the 118th Congress, which is updated on an ongoing basis. This living document provides a list of health professionals serving in Congress, House and Senate leadership, congressional health committee members, and biographies on new members of Congress.

Schiff Announces Run for CA Senate Seat

Rep. Adam Schiff (D-Calif.) announced that he will run for Sen. Dianne Feinstein’s (D-Calif.) seat in the Senate in 2024. Schiff served as the lead prosecutor during the first impeachment trial of former President Donald Trump in 2020. Feinstein has yet to announce whether she will run for re-election, but the five-term senator, 89, is widely expected to retire.

GAO Releases New Report on Pandemic Relief Funds

The Government Accountability Office (GAO) released a report last week reviewing how the U.S. Department of Health and Human Services (HHS) allocated certain pandemic relief funds to support communities disproportionately affected by COVID-19. The report provides details about the $75 billion provided by HHS to four agencies – the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, and the Office of Minority Health – which directed about $29 billion (over 35%) to support these communities. The agencies distributed another $33 billion – often to state health departments – with a recommendation to support these communities. GAO found that state officials often faced delays in acceptance of federal funds as well as capacity challenges that constrained their efforts to allocate and use the funds.

FDA Panel Recommends Harmonizing COVID-19 Vaccines

The Food and Drug Administration’s (FDA’s) Vaccines and Related Biological Products Advisory Committee (VRBPAC) unanimously voted to recommend matching the composition of primary COVID-19 vaccine doses and booster doses during its meeting last week. This would result in the phasing out of the original COVID-19 vaccine and making all COVID-19 vaccines consist of the updated bivalent dose. If the VRBPAC’s recommendation is endorsed by the FDA and the CDC, a single vaccine composed of the updated bivalent shot will be used for both vaccinated and unvaccinated people going forward.

Advocates Celebrate Elimination of X-Waiver at White House Event

The Biden administration recognized the end of the x-waiver requirement in an event featuring federal officials, substance use disorder treatment advocates, and legislative champions at the White House last week. The Mainstreaming Addiction Treatment (MAT) Act, which was included in the year-end omnibus legislation signed into law late last year, eliminates the special training and required waiver process for prescribers of the opioid use disorder treatment buprenorphine. Supporters of the change say that elimination of the burdensome x-waiver requirement will increase access to addiction treatment, reduce the number of fatal opioid overdoses, and lessen the stigma around the use and prescription of buprenorphine.

POLICY BRIEFINGS

CDC Announces Internal Reorganization

The Centers for Disease Control and Prevention (CDC) announced several internal structural changes to the agency last week. Most of the CDC will now report directly to the Immediate Office of the Director, a change from the structure known as “Community of Practice” previously in place. According to staff familiar with the changes, a centralized leadership team of multi-disciplinary experts including the CDC director, chief of staff, and several deputy directors will be created to supervise the agency. The Center for Surveillance, Epidemiology, and Laboratory Services and the Center for State, Tribal, Local, and Territorial Support will be combined into a new agency entity called the National Center for State, Tribal, Local, and Territorial Public Health Infrastructure and Workforce. The Center for Preparedness and Response will be renamed the Office of Readiness and Response. Several new offices will also be created, including the Office of Health Equity and the Office of Public Health Data, Surveillance, and Technology. The reorganization follows Director Rochelle Walensky’s recognition last year that the CDC’s performance in responding to the COVID-19 pandemic did not meet expectations.

Upcoming Congressional Hearings and Markups

House Rules Committee meeting on H.J. Res. 7 – Relating to a national emergency declared by the President on March 13, 2020; H.R. 139 – SHOW UP Act; H.R. 382 – Pandemic is Over Act; and H.R. 497 – Freedom for Health Care Workers Act; 5:00 p.m.; January 30

House Energy and Commerce Subcommittee on Health hearing “Lives Worth Living: Addressing the Fentanyl Crisis, Protecting Critical Lifelines, and Combatting Discrimination Against Those with Disabilities;” 10:00 a.m.; February 1

House Oversight and Accountability Committee hearing “Federal Pandemic Spending: A Prescription for Waste, Fraud and Abuse;” 10:00 a.m.; February 1

House Energy and Commerce Subcommittee on Oversight and Investigations hearing “Challenges and Opportunities to Investigating the Origins of Pandemics and Other Biological Events;” 2:00 p.m.; February 1

Recently Introduced Health Legislation

H.R.445 – To establish within the Department of Health and Human Services an Ombuds for Reproductive and Sexual Health. Sponsor: Williams, Nikema [Rep.-D-GA-5]; Committees: House – Energy and Commerce

H.R.437 – To amend title X of the Public Health Service Act to require grant recipients to comply with all applicable State and local laws requiring notification or reporting of child abuse, child molestation, sexual abuse, rape, incest, intimate partner violence, or human trafficking, and for other purposes. Sponsor: Smucker, Lloyd [Rep.-R-PA-11]; Committees: House – Energy and Commerce

H.R.436 – To prohibit United States contributions to the United Nations Population Fund. Sponsor: Roy, Chip [Rep.-R- TX-21]; Committees: House – Foreign Affairs

H.R.435 – To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Education and the Workforce

H.R.434 – To establish certain protections for a member of the Armed Forces, or a cadet or midshipman at a military service academy, who refuses to receive a vaccination against COVID-19. Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Armed Services

H.R.431 – To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person. Sponsor: Mooney, Alexander X. [Rep.-R-WV-2]; Committees: House – Judiciary

H.R.429 – To amend the Internal Revenue Code of 1986 to deny the trade or business expense deduction for the reimbursement of employee costs of child gender transition procedure or travel to obtain an abortion. Sponsor: Mast, Brian J. [Rep.-R-FL-21]; Committees: House – Ways and Means

H.R.428 – To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains. Sponsor: Latta, Robert E. [Rep.-R-OH-5]; Committees: House – Judiciary

H.R.427 – To amend the Federal Food, Drug, and Cosmetic Act to prohibit the approval of new abortion drugs, to prohibit investigational use exemptions for abortion drugs, and to impose additional regulatory requirements with respect to previously approved abortion drugs, and for other purposes. Sponsor: Latta, Robert E. [Rep.-R-OH-5]; Committees: House – Energy and Commerce

H.R.421 – To prohibit chemical abortions performed without the presence of a healthcare provider, and for other purposes. Sponsor: Good, Bob [Rep.-R-VA-5]; Committees: House – Judiciary

H.R.420 – To amend title XVIII of the Social Security Act to provide for enhanced Medicare beneficiary information through access to annual Medicare notifications in multiple languages. Sponsor: Gomez, Jimmy [Rep.-D-CA-34]; Committees: House – Ways and Means; Energy and Commerce

H.R.417 – To provide a set-aside of funds for Indian populations under the health profession opportunity grant program under section 2008 of the Social Security Act, and for other purposes. Sponsor: Gomez, Jimmy [Rep.-D-CA-34]; Committees: House – Ways and Means

H.R.416 – To amend title IV of the Public Health Service Act to prohibit sale or transactions relating to human fetal tissue. Sponsor: Franklin, C. Scott [Rep.-R-FL-18]; Committees: House – Energy and Commerce

H.R.411 – To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – House Administration; Veterans’ Affairs

H.R.410 – To amend the Public Health Service Act to provide for hospital and insurer price transparency. Sponsor: Davidson, Warren [Rep.-R-OH-8]; Committees: House – Energy and Commerce

H.R.407 – To prohibit the use of Federal funds to implement Executive order relating to reproductive health services. Sponsor: Clyde, Andrew S. [Rep.-R-GA-9]; Committees: House – Energy and Commerce; Judiciary; Ways and Means

H.R.405 – To amend the Public Health Service Act to provide for stockpiles to ensure that all Americans have access to generic drugs at risk of shortage, and for other purposes. Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Energy and Commerce

H.R.403 – To prohibit COVID-19 vaccination mandates, and for other purposes. Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Accountability; House Administration; Energy and Commerce

H.R.401 – To prohibit the Director of the National Science Foundation from awarding grants and other forms of assistance to Chinese communist military companies and their affiliates, and for other purposes. Sponsor: Allen, Rick W. [Rep.-R-GA-12]; Committees: House – Science, Space, and Technology

H.R.398 – To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, and for other purposes. Sponsor: Luetkemeyer, Blaine [Rep.-R-MO-3]; Committees: House – Energy and Commerce

S.Res.12 – A resolution designating January 23, 2023, as “Maternal Health Awareness Day”; Sponsor: Booker, Cory A. [Sen.-D-NJ]; Committees: Senate – Judiciary

S.8 – A bill to amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan, to improve cost-sharing subsidies under the Patient Protection and Affordable Care Act, and for other purposes; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate – Finance

S.15 – A bill to amend title XIX of the Social Security Act and the Public Health Service Act to improve the reporting of abortion data to the Centers for Disease Control and Prevention, and for other purposes; Sponsor: Ernst, Joni [Sen.-R-IA]; Committees: Senate – Finance

S.18 – A bill to amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome; Sponsor: Daines, Steve [Sen.-R-MT]; Committees: Senate – Judiciary

S.24 – A bill to fight homelessness in the United States by authorizing a grant program within the Health Resources and Services Administration for housing programs that offer comprehensive services and intensive case management for homeless individuals and families; Sponsor: Feinstein, Dianne [Sen.-D-CA]; Committees: Senate – Health, Education, Labor, and Pensions

S.33 – A bill to rescue domestic medical product manufacturing activity by providing incentives in economically distressed areas of the United States and its possessions; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate – Finance

S.36 – A bill to review domestic biopharmaceutical manufacturing capabilities in order to improve public health and medical preparedness and response capabilities and domestic biopharmaceutical manufacturing capabilities; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate – Health, Education, Labor, and Pensions

S.48 – A bill to amend title V of the Social Security Act to establish a grant program for community-based maternal mentoring programs; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate – Finance

S.55 – A bill to limit the detailing of directors of medical centers of the Department of Veterans Affairs to different positions within the Department, and for other purposes; Sponsor: Boozman, John [Sen.-R-AR]; Committees: Senate – Veterans’ Affairs

H.Res.55 – Recognizing the roles and the contributions of Americas Certified Registered Nurse Anesthetists (CRNAs) and their critical role in providing quality health care for the public and the Nation’s Armed Forces for more than 150 years, through multiple public health emergencies, and beyond; Sponsor: Schakowsky, Janice D. [Rep.-D-IL-9]; Committees: House – Energy and Commerce

H.R.451 – To amend title 18, United States Code, to criminalize abuse with respect to assisted reproductive technology, and for other purposes; Sponsor: Bice, Stephanie I. [Rep.-R-OK-5]; Committees: House – Judiciary

H.R.456 – To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Energy and Commerce

H.R.459 – To ensure the privacy of pregnancy termination or loss information under the HIPAA privacy regulations and the HITECH Act; Sponsor: Eshoo, Anna G. [Rep.-D-CA-16]; Committees: House – Energy and Commerce

H.R.461 – To amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome; Sponsor: Estes, Ron [Rep.-R-KS-4]; Committees: House – Judiciary

H.R.467 – To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Energy and Commerce; Judiciary

H.R.468 – To amend title XI of the Social Security Act to extend beyond the COVID-19 emergency period, with certain modifications, the Emergency Declaration Blanket Waiver relating to training and certification of nurse aides to alleviate burdens imposed on staff of skilled nursing facilities and nursing facilities; Sponsor: Guthrie, Brett [Rep.-R-KY-2]; Committees: House – Energy and Commerce; Ways and Means

H.R.472 – To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes; Sponsor: Joyce, David P. [Rep.-R- OH-14]; Committees: House – Judiciary

H.R.477 – To amend title V of the Social Security Act to establish a grant program for community-based maternal mentoring programs; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House – Energy and Commerce

H.R.485 – To amend title XI of the Social Security Act to prohibit the use of quality-adjusted life years and similar measures in coverage and payment determinations under Federal health care programs; Sponsor: McMorris Rodgers, Cathy [Rep.-R-WA-5]; Committees: House – Energy and Commerce; Ways and Means

H.R.492 – To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a patient outreach system relating to mental health care, and for other purposes; Sponsor: Wittman, Robert J. [Rep.-R-VA-1]; Committees: House – Veterans’ Affairs

S.76 – A bill to require the Secretary of Health and Human Services to furnish tailored information to expecting mothers, and for other purposes; Sponsor: Rubio, Marco [Sen.-R-FL]; Committees: Senate – Health, Education, Labor, and Pensions
Recently Introduced Health Legislation Contd.

S.79 – A bill to amend title 35, United States Code, to establish an interagency task force between the United States Patent and Trademark Office and the Food and Drug Administration for purposes of sharing information and providing technical assistance with respect to patents, and for other purposes; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate – Judiciary

S.80 – A bill to establish an Inspector General of the National Institutes of Health; Sponsor: Blackburn, Marsha [Sen.-R- TN]; Committees: Senate – Health, Education, Labor, and Pensions

S.81 – A bill to provide a moratorium on all Federal research grants provided to any institution of higher education or other research institute that is conducting gain-of-function research; Sponsor: Marshall, Roger [Sen.-R-KS]; Latest Action: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

H.R.497 – To eliminate the COVID-19 vaccine mandate on health care providers furnishing items and services under certain Federal health care programs; Sponsor: Duncan, Jeff [Rep.-R-SC-3]; Committees: House – Energy and Commerce; Ways and Means

H.R.498 – To amend title V of the Public Health Service Act to secure the suicide prevention lifeline from cybersecurity incidents, and for other purposes; Sponsor: Obernolte, Jay [Rep.-R-CA-23]; Committees: House – Energy and Commerce

H.R.501 – To amend the Controlled Substances Act to require registrants to decline to fill certain suspicious orders, and for other purposes; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Energy and Commerce; Judiciary

H.R.516 – To fight homelessness in the United States by authorizing a grant program within the Health Resources and Services Administration for housing programs that offer comprehensive services and intensive case management for homeless individuals and families; Sponsor: Lieu, Ted [Rep.-D-CA-36]; Committees: House – Financial Services

H.R.517 – To require the Secretary of Health and Human Services to furnish tailored information to expecting mothers, and for other purposes; Sponsor: Mace, Nancy [Rep.-R-SC-1]; Committees: House – Energy and Commerce

H.R.526 – To amend the Occupational Safety and Health Act of 1970 to prohibit the Secretary of Labor from issuing a temporary standard with respect to COVID-19 vaccination or testing, and for other purposes; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House – Education and the Workforce

H.R.527 – To void existing non-compete agreements for any employee who is fired for not complying with an employer’s COVID-19 vaccine mandate, and for other purposes; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House – Education and the Workforce; Energy and Commerce

S.95 – A bill to amend the Federal Food, Drug, and Cosmetic Act to prohibit the approval of new abortion drugs, to prohibit investigational use exemptions for abortion drugs, and to impose additional regulatory requirements with respect to previously approved abortion drugs, and for other purposes; Sponsor: Hyde-Smith, Cindy [Sen.-R-MS]; Committees: Senate – Health, Education, Labor, and Pensions

S.100 – A bill to amend title XIX of the Social Security Act to expand access to home and community-based services (HCBS) under Medicaid, and for other purposes; Sponsor: Casey, Robert P., Jr. [Sen.-D-PA]; Committees: Senate – Finance

S.109 – A bill to amend title XXI of the Social Security Act to prohibit lifetime or annual limits on dental coverage under the Children’s Health Insurance Program, and to require wraparound coverage of dental services for certain children under such program; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Committees: Senate – Finance

S.113 – A bill to require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Judiciary

S.114 – A bill to amend the Congressional Budget Act of 1974 respecting the scoring of preventive health savings; Sponsor: Cardin, Benjamin L. [Sen.-D-MD]; Committees: Senate – Budget

S.121 – A bill 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: Durbin, Richard J. [Sen.-D- IL]; Committees: Senate – Agriculture, Nutrition, and Forestry

S.127 – A bill to prevent unfair and deceptive acts or practices and the dissemination of false information related to pharmacy benefit management services for prescription drugs, and for other purposes; Sponsor: Cantwell, Maria [Sen.-D- WA]; Committees: Senate – Commerce, Science, and Transportation

H.Res.66 – Expressing support for Congress to focus on artificial intelligence; Sponsor: Lieu, Ted [Rep.-D-CA-36]; Latest Action: House – 01/26/2023 Referred to the House Committee on Science, Space, and Technology

H.R.542 – To amend title 38, United States Code, to improve certain programs of the Department of Veterans Affairs for home and community based services for veterans, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Latest Action: House – 01/26/2023 Referred to the House Committee on Veterans’ Affairs

H.R.543 – To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Latest Action: House – 01/26/2023 Referred to the House Committee on Veterans’ Affairs

H.R.544 – To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide coverage for infertility treatment and standard fertility preservation services, and for other purposes; Sponsor: Brownley, Julia [Rep.-D- CA-26]; Latest Action: House – 01/26/2023 Referred to the House Committee on Veterans’ Affairs

H.R.547 – To amend title XIX of the Social Security Act to expand access to home and community-based services (HCBS) under Medicaid, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Latest Action: House – 01/26/2023 Referred to the House Committee on Energy and Commerce.

H.R.549 – To amend title II of the Social Security Act to eliminate the waiting periods for disability insurance benefits and Medicare coverage for individuals with metastatic breast cancer, and for other purposes; Sponsor: Garbarino, Andrew R. [Rep.-R-NY-2]; Latest Action: House – 01/26/2023 Referred to the House Committee on Ways and Means

H.R.555 – To amend the Defense Production Act of 1950 to ensure the supply of certain medical materials essential to national defense, and for other purposes; Sponsor: Hill, J. French [Rep.-R-AR-2]; Latest Action: House – 01/26/2023 Referred to the House Committee on Financial Services.

H.R.561 – To ensure affordable abortion coverage and care for every person, and for other purposes; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Latest Action: House – 01/26/2023 Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Armed Services, Veterans’ Affairs, the Judiciary, Oversight and Accountability, and Foreign Affairs.

H.R.568 – To amend the Controlled Substances Act with respect to fentanyl-related substances, and for other purposes; Sponsor: Pappas, Chris [Rep.-D-NH-1]; Latest Action: House – 01/26/2023 Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary.

H.R.574 – To prohibit the provision of Federal funds to the National Institutes of Health for the purposes of conducting biological, medical, or behavioral research involving the testing of dogs; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Latest Action: House – 01/26/2023 Referred to the House Committee on Energy and Commerce.

January 23, 2023December 10, 2024

House Republicans Call for Debt Limit Negotiations

Republicans continue to call on the White House and Democrats in Congress to engage in negotiations to increase the federal debt limit. The U.S. reached its $31.4 trillion debt limit on January 19, prompting the Treasury Department to begin taking “extraordinary measures” to delay a default on the national debt and urging Congress to act quickly. Treasury is projected to exhaust its borrowing authority around June of this year, and House Republicans are pushing for an agreement on spending cuts in exchange for increasing the statutory ceiling for the federal debt. House Speaker Kevin McCarthy (R-Calif.) has indicated that changes to entitlement programs as well as to annual discretionary spending are both under consideration. Biden administration officials, however, remain opposed to any bargaining around the debt limit, arguing that the nation’s borrowing authority should be addressed without conditions and is not something that should be politicized. While congressional Democratic leadership appear aligned with this position, Sen. Joe Manchin (D-W.Va.) stated last week that he is willing to seek a deal with Republicans on the debt limit. Manchin specifically expressed support for Sen. Mitt Romney’s (R-Utah) plan to create commissions charged with making recommendations to extend the solvency of the Medicare and Social Security trust funds. Romney’s proposal would guarantee a vote on the commissions’ recommendations before Congress. Senate Minority Leader Mitch McConnell (R-Ky.) has offered assurances that the nation will not breach the debt limit and expressed his confidence that talks with President Joe Biden on a spending compromise will resolve any standoffs.

Banks, Gallego Announce Senate Intentions

Rep. Jim Banks (R-Ind.) announced that he will run for Sen. Mike Braun’s (R-Ind.) seat in the Senate in 2024. Braun decided last year to retire from Congress and run for Indiana governor in 2024. Rep. Ruben Gallego (D-Ariz.) also announced his plans to challenge Sen. Kyrsten Sinema (I-Ariz.) for her seat in the Senate in 2024 last week. Gallego currently serves on the House Committee on Armed Services, the Committee on Natural Resources, and the Committee on Veterans’ Affairs. Sinema has yet to decide whether she will seek re-election after leaving the Democratic Party and becoming an independent late last year.

GAO Report Raises Concerns with Gain of Function Research Oversight

Anew report from the Government Accountability Office (GAO) examining the U.S. Department of Health and Human Services’ (HHS) oversight of gain-of-function research was released last week. The report expresses concerns about the effectiveness of and lack of transparency around grantee monitoring, and describes shortcomings related to the review of research proposals involving potential pandemic pathogens. While HHS is required to conduct extra reviews of the risks and benefits of research grant proposals that are “reasonably anticipated to create, transfer, or use enhanced potential pandemic pathogens,” there is no standard for what this actually means. The GAO recommends that HHS set a standard to ensure consistency in identifying high-risk research for departmental review and identify and share non-sensitive information with researchers, Congress, and the public about the review process. In response to the report, Republicans in the House of Representatives reiterated their intent to further investigate HHS funding of research involving pathogens with pandemic potential. House Oversight and Accountability Chair James Comer (R-Ky.) and House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) both plan to conduct investigations into gain-of- function research and its potential role in the cause of the COVID-19 pandemic.

Pallone Highlights Lack of Clinical Trial Transparency Enforcement

House Energy and Commerce Committee Ranking Member Frank Pallone (D-N.J.) has sent a letter to the National Institutes of Health (NIH) and the Food and Drug Administration (FDA) regarding the agencies’ enforcement of regulations governing clinical trial transparency. Trials that are subject to FDA oversight and NIH funding are required to register their studies within 21 days of their first subject enrollment and post their results within a year of the trial’s completion. While the FDA released guidance on penalties for non-compliance with these standards in 2020, only four non-compliance notices have been posted – and none required the subjects to pay a civil money penalty. Pallone cites a study indicating that 31% of registered trials failed to report any results, while another 30% of trial sponsors failed to do so on time. He requests a response from the agencies by February 17 regarding clinical trial sponsor compliance with applicable requirements and appropriate agency enforcement.

Study Shows Barriers to Psychiatric Care for Military Families

Up to 35% of military families do not have access to adequate psychiatric care despite being insured by a government program that covers these services, according to a new study published in JAMA Network Open. The study found that 35% of Tricare beneficiaries lived in communities where the ratio of residents to psychiatrists – military or civilian – is more than 20,0000 to one, and another 6% lived more than 30 minutes driving distance from a psychologist. Individuals living in places with both low incomes and high-income inequality were more than two times more likely to face a shortage of psychiatrists, while retirees were nearly twice as likely to experience shortages and four times as likely to have no access to psychiatric care at all.

Recently Introduced Health Legislation

H.R.366 – To amend title 38, United States Code, to treat certain individuals who served in Vietnam as a member of the armed forces of the Republic of Korea as a veteran of the Armed Forces of the United States for purposes of the provision of health care by the Department of Veterans Affairs. Sponsor: Takano, Mark [Rep.-D-CA-39]; Committees: House – Veterans’ Affairs

H.R.363 – To amend title 18, United States Code, with respect to the sale, purchase, shipment, receipt, or possession of a firearm or ammunition by a user of medical marijuana, and for other purposes. Sponsor: Mooney, Alexander X. [Rep.-R- WV-2]; Committees: House – Judiciary

H.R.382 – To terminate the public health emergency declared with respect to COVID-19; Sponsor: Guthrie, Brett [Rep.- R-KY-2]; Committees: House – Energy and Commerce

H.R.383 – To nullify the modifications made by the Food and Drug Administration in January 2023 to the risk evaluation and mitigation strategy for the abortion pill mifepristone, and for other purposes; Sponsor: Harshbarger, Diana [Rep.-R- TN-1]; Committees: House – Energy and Commerce

H.R.384 – To prohibit the use or declaration of a public health emergency with respect to abortion, and for other purposes; Sponsor: Hern, Kevin [Rep.-R-OK-1]; Committees: House – Energy and Commerce

January 16, 2023December 10, 2024

House Approves Rules for 118th Congress

The House of Representatives approved a new rules package setting the chamber’s operating procedures for the 118th Congress last week. Unlike the Senate, which operates under standing rules from session to session, the House must adopt a new package of rules at the beginning of each new Congress to set the procedures by which the chamber considers and passes legislation. The rules allow a single House member to make a motion to vote the House speaker from leadership. This ‘motion to vacate’ concession was made by Speaker Kevin McCarthy (R-Calif.) as a part of his speakership election negotiations. The rules package replaces “pay as you go” (PAYGO) requirements with “cut-as-you-go” (CUTGO) which requires spending offsets for any legislation that increases the budget and requires that any tax rate increase be supported by three-fifths of the chamber. The new rules also officially end COVID-19-era remote work provisions as well as reinstate the Holman Rule, which allows members to introduce amendments to appropriations bills to make cuts to specific federal programs or fire or make pay cuts for specific government employees. The Holman Rule was last in place during the 115th Congress, but no amendments proposed were ever signed into law. The rules provided for consideration of several GOP legislative priorities – including the rescission of Internal Revenue Service funding, a ban on taxpayer-funded abortions, and an increase of oil and gas production on public land. It also set votes to establish two new congressional panels – the House Judiciary Subcommittee on Weaponization of the Federal Government and a Select Committee on the Strategic Competition between the U.S. and China.

House Passes Born- Alive Legislation

The House of Representatives passed the Born-Alive Abortion Survivors Protection Act (H.R. 26) last week. The legislation passed by a vote of 220-210, with Rep. Henry Cuellar (D-Texas) joining Republicans in support of the bill. H.R. 26 outlines requirements for health care providers to treat children born after an attempted abortion. The legislation establishes criminal penalties for health practitioners who fail to provide required care or fail to report such failure. The new House Republican majority have pledged to pass abortion restrictions during the 118th Congress. It is unlikely that any such bills will be considered in the Democratic-controlled Senate.

MO Republican Jason Smith to Chair Ways and Means

The House GOP Steering Committee selected Rep. Jason Smith (R-Mo.) to replace retired Rep. Kevin Brady (R-Texas) as chair of the House Committee on Ways and Means for the 118th Congress. Reps. Vern Buchanan (R-Fla.) and Adrian Smith (R-Neb.) were also vying for the position. Smith’s selection is still subject to approval by the full House Republican Caucus, which typically aligns with the Steering panel’s recommendation. A press release following Smith’s selection as chair outlined the focus of the Ways and Means Committee over the next two years on delivering more jobs, higher wages, and greater investment in America, including by building financial and health care security for families and re-shoring and strengthening supply chains to create medical independence. The Ways and Means Committee will also play a key role in negotiations to raise the debt ceiling later this year.

During the 117th Congress Rep. Smith was a champion of legislation to help ensure Medicare recipients who cannot access video during telehealth visits are able to access care through audio-only visits, as well as a bill that would require Medicare to permanently cover audio-only telehealth services for beneficiaries. He also helped introduce the Increasing Mental Health Options Act of 2022, which aims to ensure Medicare beneficiaries have access to clinical psychologists across all settings of care. Smith has opposed the Biden administration’s COVID-19 vaccine mandates and characterized a proposal to incorporate “anti-racism plans” as a quality metric for physicians under the Merit-based Incentive Payment Systems as discriminatory.

Agreement Reached on House Committee Ratios

House Democratic Leader Hakeem Jeffries (D-N.Y.) announced over the weekend that Democrats in the House of Representatives have reached an agreement with Republicans regarding ratios on so-called “A” or “exclusive” committees. Those committees are Appropriations, Energy and Commerce, Financial Services, and Ways and Means. Of those four committees, Appropriations will see one seat added to the majority and minority side, while Energy and Commerce will be reduced by three seats each for the majority and minority, and Financial Services reduced by one seat. The Ways and Means Committee ratio will stay the same. While official committee rosters will not be released by the Democrats until after the Democratic Steering and Policy Committee meets, the practical effect of this announcement could mean no new Democratic appointments on Energy and Commerce and Appropriations and a potential loss of a few Democrats on the Ways and Means Committee.

The latest information on recently announced changes to congressional committee membership can be found in Hart Health Strategies Inc.’s Guide to the 118th Congress, which is updated on an ongoing basis.

Sanders Presses Moderna on Possible Vaccine Price Hike

Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bernie Sanders (I-Vt.) has sent a letter to Moderna urging the company to reconsider and refrain from any decision to raise the price of its COVID-19 vaccine for non-government payers. The Wall Street Journal recently reported that the company is considering an increase to the price of the vaccine as it shifts from government contracts to private insurers for the distribution of the vaccine. Sanders argues that reports of Moderna considering raising the price of its COVID-19 vaccine from $26.36 to up to $130 per dose are “particularly offensive” because the federal government provided $1.7 billion to Moderna for vaccine research and development in partnership with the National Institutes of Health. This increase would “make the vaccine unaffordable for the residents of this country who made the production of the vaccine possible,” Sanders writes.

Democrats Ask HHS to Use March-In Rights for Prostate Cancer Treatment

Sen. Elizabeth Warren (D-Mass.), Sen. Angus King (I-Maine), and Rep. Lloyd Doggett (D-Texas) have sent a letter to the U.S. Department of Health and Human Services (HHS) urging the Secretary to use the federal government’s march- in rights under the Bayh-Dole Act to address the price of prostate cancer treatment Xtandi. The letter asserts that despite being developed with the support of federal funding, Americans pay as much as six times the cost paid by patients in other countries for Xtandi. The lawmakers urge HHS to grant patent licenses for generic manufacturers to produce the drug.

Former NE Governor Ricketts to Replace Sasse in Senate

Former Nebraska Governor Pete Ricketts (R) has been appointed by Gov. Jim Pillen (R) to fill the seat vacated by the retirement of Sen. Ben Sasse (R). Ricketts will serve through at least November 2024, when a special election will be held to fill the remaining two years of Sasse’s term. Ricketts has committed to running in 2024 and, should he win, in 2026 to serve a full six-year term in the Senate. The former two-term governor co-chaired the Republican Governors Association during the 2022 campaign cycle. During his time as Nebraska governor, Ricketts worked to improve access to mental health services for service members, veterans, and their families and acted to address both ongoing and pandemic-related health care workforce shortages.

POLICY BRIEFINGS

President to Deliver State of the Union Address Feb. 7

President Joe Biden will deliver his annual State of the Union address to Congress on February 7. The President is expected to tout his legislative victories over the last year, including the infrastructure bill and the Inflation Reduction Act. He will also lay out the administration’s vision for areas of potential bipartisan compromise in the newly divided Congress and is likely to discuss the need to raise the federal government’s borrowing authority this year.

Treasury to Begin Extraordinary Measures to Avoid Debt Default

Treasury Secretary Janet Yellen has informed House Speaker Kevin McCarthy (R-Calif.) that the U.S. is projected to reach its $31.4 trillion borrowing limit in less than a week. The Treasury Department will begin taking “extraordinary measures” on January 19 to delay a default on the national debt. Yellen urged Congress to act in a timely manner to raise or suspend the debt ceiling before the extraordinary measures run out, which could occur as early as June. Republicans have pledged that any action to address the debt limit should be tied to spending cuts.

COVID-19 PHE Renewed Through April

The Biden administration renewed the COVID-19 public health emergency (PHE) for the 11th, and possibly final, time last week. Senior White House officials are reportedly preparing to end the COVID-19 emergency designation this spring. The administration has pledged to provide a 60 days’ notice before terminating or allowing the PHE to expire – a deadline which has now been pushed until early February given the latest 90-day PHE extension to mid-April. Allowing the PHE to expire would result in the restructuring of the federal COVID-19 response and shift much of the responsibility for vaccine and treatment distribution to the private sector. Other flexibilities and regulatory authorities instituted in response to the COVID-19 PHE would also end, though some measures have already been de-linked from the emergency declaration. The most recent omnibus spending package, for example, included a two-year extension of telehealth policies and permits states to resume Medicaid redeterminations in April. Other provisions, such as the Drug Enforcement Administration’s virtual prescribing of controlled substances waivers, were not extended in the year-end funding bill.

The administration is weighing whether to begin scaling back its COVID-19 team in the coming months or keep it intact through the end of the year. Staff members who leave the administration in the interim, however, are not expected to be replaced, nor will a new chief medical adviser be named following the departure of Anthony Fauci at the end of last year. Although little federal funding for COVID-19 response remains following Congress’ failure to allocate more money last year, the administration continues to work to increase vaccine uptake and make treatments more widely available particularly in response to the rapid spread of the new COVID-19 subvariant XBB.1.5.

FLOTUS Undergoes Surgery to Remove Skin Lesions

First Lady Jill Biden underwent Mohs surgery at Walter Reed National Military Medical Center last week to remove two basal cell cancerous lesions. Doctors do not expect any further procedures to be necessary. According to White House physician Dr. Kevin O’Connor, the first lady “is in good spirits and is feeling well.”

CMS Announces Distribution of First Tranche of New GME Slots

The Centers for Medicare and Medicaid Services (CMS) announced the distribution of 200 graduate medical education (GME) slots created as a part of the Consolidated Appropriations Act, 2021, which provided for the creation of 1,000 additional Medicare-funded physician residency slots over the course of five years. Of these direct GME slots, 125 of the residency slots are being allocated for primary care (including obstetrics/gynecology), and 20 slots are being allocated for psychiatry. This year’s slots, distributed to 100 teaching hospitals in 30 states, the District of Columbia, and Puerto Rico, will be effective July 1, 2023. The application period for the 200 fiscal year 2024 slots will open later this month and close on March 31, 2023.

USPSTF Welcomes Three New Members

The U.S. Preventive Services Task Force (USPSTF) announced the addition of three new members to the task force last week. Each are appointed to serve four-year terms starting this month.

Dr. Sandra Millon Underwood, R.N., Ph.D., professor emerita in the College of Nursing at the University of Wisconsin-Milwaukee
Dr. Goutham Rao, M.D., FAHA, chair of the Department of Family Medicine and Community Health, and chief clinician experience officer for the University Hospitals Health System
Dr. Joel Tsevat, M.D., M.P.H, general internist, professor of medicine, and Joaquin G. Cigarroa, Jr., M.D., distinguished chair in the Joe R. and Teresa Lozano Long School of Medicine at The University of Texas Health Science Center at San Antonio

Maine Epidemiologist Chosen for CDC Leadership Post

Nirav Shah, MD, JD has been tapped to serve as Principal Deputy Director of the Centers for Disease Control and Prevention. Shah, a doctor, lawyer, and epidemiologist, currently serves as Director of the Maine Center for Disease Control and Prevention. He will begin working as the CDC’s second-in-command in March. Shah previously served as the president of the Association of State and Territorial Health Officials from March 2021 through September 2022.

Gallup Releases Annual Poll on Professional Ethics Ratings

Nurses, doctors, and pharmacists have topped the ranks of Gallup’s measurement of American’s professional ethics ratings. Approximately 79% of U.S. adults say nurses have “very high” or “high” honesty and ethical standards, with medical doctors and pharmacists ranking second and third respectively – with 62% and 58% of Americans rating them highly. All three professions, however, have seen a drop in their ratings since the bumps shown in 2020 at the height of the COVID-19 pandemic. Telemarketers and members of Congress received the lowest ratings, with less than 10% of Americans rating their ethics highly.

Recently Introduced Health Legislation

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

H.Res.9 – Expressing the sense of the House of Representatives that China is responsible for the COVID-19 pandemic and must be held financially liable for $16,000,000,000,000; Sponsor: Nehls, Troy E. [Rep.-R-TX-22]; Committees: House – Foreign Affairs

H.J.Res.7 – Relating to a national emergency declared by the President on March 13, 2020; Sponsor: Gosar, Paul A. [Rep.- R-AZ-9]; Committees: House – Transportation and Infrastructure

H.R.26 – To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion; Sponsor: Wagner, Ann [Rep.-R- MO-2]; Committees: House – Judiciary

H.R.31 – To amend title XIX of the Social Security Act to provide for a demonstration project under the Medicaid program for political subdivisions of States to provide medical assistance for the expansion population under such program, and for other purposes; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Energy and Commerce

H.R.33 – To amend title XVIII of the Social Security Act to provide for coverage of dental, vision, and hearing care under the Medicare program; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Energy and Commerce; Ways and Means

H.R.34 – To amend the Social Security Act and the Internal Revenue Code of 1986 to include net investment income tax imposed in the Federal Hospital Insurance Trust Fund and to modify the net investment income tax; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Ways and Means

H.R.35 – To amend title XVIII of the Social Security Act to provide for certain reforms with respect to medicare supplemental health insurance policies; Sponsor: Doggett, Lloyd [Rep.-D-TX-37]; Committees: House – Ways and Means; Energy and Commerce

H.R.41 – To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to ensure the timely scheduling of appointments for health care at medical facilities of the Department of Veterans Affairs, and for other purposes; Sponsor: Baird, James R. [Rep.-R-IN-4]; Committees: House – Veterans’ Affairs

H.R.46 – To authorize funding to increase access to mental health care treatment to reduce gun violence; Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]; Committees: House – Energy and Commerce; Judiciary

H.R.55 – To amend title 18, United States Code, to enhance criminal penalties for health related stalking, and for other purposes; Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]; Committees: House – Judiciary

H.R.62 – To protect health care providers and people seeking reproductive health care services, and for other purposes; Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]; Committees: House – Energy and Commerce; Judiciary

H.R.69 – To abolish the Occupational Safety and Health Administration, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Education and Labor

H.R.70 – To abolish the Agency for Toxic Substances and Disease Registry, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

H.R.71 – To amend the Federal Food, Drug, and Cosmetic Act to exempt from regulation as devices non-invasive diagnostic devices, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

H.R.72 – To prohibit the use of Federal funds to maintain or collect information that can be used to identify any individual to whom a COVID-19 vaccine is administered, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

H.R.73 – To prohibit the use of Federal funds for the HHS Reproductive Healthcare Access Task Force; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

H.R.74 – To prohibit the use of Federal funds to propose, establish, implement, or enforce any requirement that an individual wear a mask or other face covering, or be vaccinated, to prevent the spread of COVID-19, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

H.R.75 – To repeal the authority of the Food and Drug Administration to require that drugs be dispensed only upon prescription, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

H.R.76 – To amend title XXVII of the Public Health Service Act to provide for a definition of short-term limited duration insurance, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

H.R.77 – To amend the Public Health Service Act to provide for cooperative governing of individual health insurance coverage; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce

H.R.79 – To direct the President to withdraw the United States from the Constitution of the World Health Organization, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Foreign Affairs

H.R.93 – To require a particular jury instruction in Federal civil actions that include a claim for damages based on negligence arising from the transmission of COVID19; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Judiciary

H.R.104 – To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Veterans’ Affairs

H.R.105 – To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish hyperbaric oxygen therapy to veterans with traumatic brain injury or post-traumatic stress disorder; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Veterans’ Affairs

H.R.106 – To amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

H.R.107 – To amend the Internal Revenue Code of 1986 to allow for tax-advantaged distributions from health savings accounts during family or medical leave, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

H.R.109 – To amend the Internal Revenue Code of 1986 to allow an above-the-line deduction for health insurance premiums; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Ways and Means

Recently Introduced Health Legislation Contd.

H.R.112 – To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Energy and Commerce; Ways and Means; Education and Labor; Natural Resources; Judiciary; House Administration; Rules; Appropriations

H.R.116 – To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Judiciary; Energy and Commerce

H.R.117 – To prohibit any entity that receives Federal funds from the COVID relief packages from mandating employees receive a COVID-19 vaccine, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Oversight and Reform; Energy and Commerce

H.R.118 – To prohibit agencies from issuing vaccine passports, and for other purposes; Sponsor: Biggs, Andy [Rep.-R- AZ-5]; Committees: House – Oversight and Reform; House Administration

H.R.119 – To nullify certain executive orders regarding COVID19 vaccine mandates and to prohibit the Secretary of Labor from issuing a rule mandating vaccination against COVID19, and for other purposes; Sponsor: Biggs, Andy [Rep.-R- AZ-5]; Committees: House – Oversight and Reform; Education and Labor; Energy and Commerce; Ways and Means

H.R.120 – To direct that certain assessments with respect to toxicity of chemicals be carried out by the program offices of the Environmental Protection Agency, and for other purposes; Sponsor: Biggs, Andy [Rep.-R-AZ-5]; Committees: House – Science, Space, and Technology; Energy and Commerce

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

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

H.R.129 – To require the Secretary of Defense to ensure drop boxes are maintained on military installations for the deposit of unused prescription drugs, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Armed Services

H.R.133 – To amend title XVIII of the Social Security Act to clarify the use of the national coverage determination process under the Medicare program; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Ways and Means

H.R.134 – To amend title XVIII of the Social Security Act to remove geographic requirements and expand originating sites for telehealth services; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Energy and Commerce; Ways and Means

H.R.167 – To amend the Federal Food, Drug, and Cosmetic Act to ensure patients have access to certain urgent-use compounded medications, and for other purposes; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Energy and Commerce

H.R.170 – To direct the Secretary of Health and Human Services, in collaboration with the Assistant Secretary for Preparedness and Response and the Director of the Centers for Disease Control and Prevention, and in coordination with the Secretary of Defense and the Secretary of Homeland Security, to establish a program of entering into partnerships with eligible domestic manufacturers to ensure the availability of qualified personal protective equipment to prepare for and respond to national health or other emergencies, and for other purposes; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Energy and Commerce; Oversight and Reform

H.R.171 – To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes; Sponsor: Griffith, H. Morgan [Rep.-R-VA-9]; Committees: House – Energy and Commerce; Judiciary

H.R.175 – To amend title 18, United States Code, to prohibit abortion in cases where a fetal heartbeat is detectable; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House – Judiciary

H.R.177 – To amend title XI of the Social Security Act to ensure nursing facilities report information on medical directors of such facilities; Sponsor: Levin, Mike [Rep.-D-CA-49]; Committees: House – Energy and Commerce; Ways and Means

H.R.185 – To terminate the requirement imposed by the Director of the Centers for Disease Control and Prevention for proof of COVID-19 vaccination for foreign travelers, and for other purposes; Sponsor: Massie, Thomas [Rep.-R-KY-4]; Committees: House – Energy and Commerce

H.R.197 – To amend title XVIII of the Social Security Act to include store-and-forward technologies as telecommunications systems through which telehealth services may be furnished for payment under the Medicare program; Sponsor: Rosendale Sr., Matthew M. [Rep.-R-MT-2]; Committees: House – Energy and Commerce; Ways and Means

H.R.198 – To increase reporting requirements and transparency requirements in the 340B Drug Pricing Program, and for other purposes; Sponsor: Rosendale Sr., Matthew M. [Rep.-R-MT-2]; Committees: House – Energy and Commerce; Ways and Means

H.R.206 – To amend the Federal Food, Drug, and Cosmetic Act to clarify that artificial intelligence and machine learning technologies can qualify as a practitioner eligible to prescribe drugs if authorized by the State involved and approved, cleared, or authorized by the Food and Drug Administration, and for other purposes; Sponsor: Schweikert, David [Rep.-R- AZ-1]; Committees: House – Energy and Commerce

H.R.207 – To amend title XVIII of the Social Security Act to provide coverage and payment for certain tests and assistive telehealth consultations, and for other purposes; Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House – Energy and Commerce; Ways and Means; Veterans’ Affairs

H.R.219 – To amend title XVIII of the Social Security Act to codify patients’ rights to hospital visitation, and for other purposes; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Ways and Means; Energy and Commerce

H.R.235 – To provide for research and education with respect to triple-negative breast cancer, and for other purposes; Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]; Committees: House – Energy and Commerce

H.R.238 – To amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the residential substance use disorder treatment program, and for other purposes; Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]; Committees: House – Judiciary

H.R.244 – To amend title XVIII of the Social Security Act to remove the exclusion of Medicare coverage for hearing aids and examinations therefor, and for other purposes; Sponsor: Dingell, Debbie [Rep.-D-MI-6]; Committees: House – Energy and Commerce; Ways and Means

H.R.245 – To establish a grant program for nebulizers in elementary and secondary schools; Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]; Committees: House – Education and the Workforce; Energy and Commerce

H.Res.27 – Condemning attacks on health care facilities, health care personnel, and patients; Sponsor: DeGette, Diana [Rep.-D-CO-1]; Committees: House – Judiciary

H.R.271 – To provide for greater accountability with respect to Federal activities and expenditures relating to COVID-19, and for other purposes; Sponsor: Estes, Ron [Rep.-R-KS-4]; Committees: House – Energy and Commerce; Education and the Workforce; Judiciary; Armed Services; Oversight and Accountability

H.R.279 – To amend the Public Health Service Act to prohibit governmental discrimination against certain health care providers with certain objections to abortion; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Energy and Commerce

H.R.282 – To amend title XVIII of the Social Security Act to require hospitals reimbursed under the Medicare system to establish and implement security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital; Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]; Committees: House – Ways and Means; Judiciary; Energy and Commerce

H.R.286 – To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients; Sponsor: Escobar, Veronica [Rep.-D-TX-16]; Committees: House – Energy and Commerce

H.R.301 – To amend the State Department Basic Authorities Act of 1956 to authorize rewards regarding the identification of credible information regarding the origins of COVID-19, and for other purposes; Sponsor: Rose, John W. [Rep.-R- TN-6]; Committees: House – Foreign Affairs

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

H.R.330 – To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes; Sponsor: Foxx, Virginia [Rep.-R-NC-5]; Committees: House – Energy and Commerce

H.R.343 – To prohibit United States assessed and voluntary contributions to the World Health Organization; Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Foreign Affairs

H.R.348 – To require an audit of COVID-19 relief funding; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House – Oversight and Accountability

January 9, 2023

Republican Kevin McCarthy Elected U.S. House Speaker

The House of Representatives elected Republican Kevin McCarthy (Calif.) as Speaker in the early hours of Saturday morning. The tally was 216-212, with Democrats remaining unified in support of Democratic leader Hakeem Jeffries (N.Y.) and six Republicans voting present. The successful 15th ballot followed four days of votes in which 20 GOP dissidents united to deny McCarthy the required votes needed for speaker, arguing that McCarthy was not conservative enough for the position. The protracted speaker contest was one that has not been seen in modern times – not since the Civil War era has Congress required so many rounds of voting to elect a speaker.

McCarthy was eventually able to flip more than a dozen conservative holdouts to end the standoff by agreeing to many of their demands – including reverting the motion to vacate back to what it looked like prior to the 116th congress. This will allow any one member of the majority or minority party to offer a privileged resolution to vacate the chair. The holdouts also successfully demanded that the number of seats on the House Rules Committee be expanded, and that legislation be posted at least 72 hours before votes on the floor. After McCarthy took the oath of office, the House was able to swear in lawmakers and formally open the first session of the 118th congress.

House Rules Package and Legislative Preview

Republicans released their updated rules package on Friday, which is first on the agenda during Monday evening’s session. The rules package must be adopted by January 13 to process payroll for House staff. Text of the package can be found here and a section-by-section summary can be found here.

An additional eight bills and resolutions will be first to be considered in the House during the 118th Congress, including H.R. 26, the Born-Alive Abortion Survivors Protection Act which the sponsors state would prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.

Expected Renewal of Public Health Emergency

The COVID-19 public health emergency (PHE) first declared in January 2020 and last renewed on October 13, 2022, is expected to be renewed this week by Secretary of Health and Human Services Xavier Becerra. The Biden Administration committed to provide states a 60-day notice before ending the PHE and in the absence of such notice, it is expected that the PHE will be renewed into April rather than end on January 11.

Lawmakers Probe Promotion of Medical Credit Cards

Sens. Elizabeth Warren (D-Mass.), Ed Markey (D-Mass.), Bernie Sanders (I-Vt.), Chris Murphy (D-Conn.), and Sherrod Brown (D-Ohio) are requesting information about potentially deceptive promotions of medical credit cards. The lawmakers sent a letter to Wells Fargo & Co. and Synchrony Financial regarding their credit card offerings intended to cover expensive health care services. “Patients – often under duress because of concerns about their medical care – are being pushed into and then locked into medical credit cards despite the availability of alternative payment options that might be more beneficial and offer lower interest rates,” the letter states. The lawmakers request a response from the lenders by January 12.

Stabenow Announces Decision to Not Seek Another Senate Term

Sen. Debbie Stabenow (D-Mich.) announced last week that she will not run for reelection in 2024. Stabenow currently serves as Chair of the Democratic Policy and Communications Committee and as chair of the Senate Agriculture Committee. She the most senior Democrat on the Senate Finance Committee after Chairman Wyden (D-Ore.). Stabenow was first elected to the House of Representatives in 1996 and became the first women to be elected to the Senate from the state of Michigan in 2000. Reps. Elissa Slotkin (D-Mich.) and Debbie Dingell (D-Mich.) are reportedly considering a bid for Stabenow’s Senate seat.

Boyle to Take Leave from W&M While Serving as Budget Ranking Member

Rep. Brendan Boyle (D-Pa.) will take a temporary leave of absence from the House Ways and Means Committee this congress, following his selection as ranking member of the Budget Committee. This arrangement is in keeping with that chosen by Sen. Chris Van Hollen (D-Md.), who served on Ways and Means Committee but was also chosen to lead Budget Committee Democrats during his time in the House of Representatives. Minority Leader Hakeem Jeffries (D-N.Y.) has approved Boyle’s decision.

Sen. Casey Announces Cancer Diagnosis, Expects Full Recovery

Sen. Bob Casey (D-Pa.) announced last week that he has been diagnosed with prostate cancer. He will undergo surgery in the “coming months.” Casey stated that he expects a full recovery and expressed his confidence that he will be able to continue to serve in the 118th congress with “minimal disruption.”