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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

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Senate Appropriations Timing Announced, Murray Pushes for Increase in Nondefense Spending

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

H.R.8767-To amend title XIX of the Social Security Act to remove the exclusion from medical assistance under the Medicaid program of items and services for patients in an institution for mental diseases; Sponsor: Thanedar, Shri [Rep.-D-MI-13]; Committees: House-Energy and Commerce

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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House Passes NDAA

House Passes NDAA-The House of Representatives passed its $895 billion defense authorization bill last week in a party line vote. The chamber’s latest National Defense Authorization Act (NDAA) passed in a 217-199 vote over Democratic opposition to partisan policy riders that would curb military members’ access to abortion and gender affirming care. Such provisions are unlikely to remain in whatever final must-pass package is negotiated with the Senate’s Democratic majority. The House ultimately voted on 350 amendments out of more than 1,300 proposed. A push to include the BIOSECURE Act (H.R.8333), which would prohibit Chinese biotechnology companies of concern from receiving federal contracts, grants, or loans, was unsuccessful in the House Rules Committee’s amendment process.

 

Senate Republicans Block Vote on IVF Bill-Last week, the Senate GOP blocked consideration of legislation (S.4445) that would have codified the right to obtain fertility treatments, including in vitro fertilization (IVF), and expanded insurance coverage of such services. The bill failed on a 48-47 procedural vote, with 60 votes necessary for advancement. Congressional Democrats are attempting to put Republicans on the record on issues related to reproductive rights ahead of the November elections. Republicans in the chamber characterized the measure as overly broad, and countered with an open letter signed by the entire caucus expressing support for protecting access to IVF.

 

FY 2025 Appropriations Update-The House Appropriations Committee approved its fiscal year (FY) 2025 State-Foreign Operations funding bill last week. The package, which represents an 11% funding cut for the State Department, U.S. Agency for International Development, and foreign aid programs, was advanced in a 31-26 vote. The bill would cut all funding to the World Health Organization and the United Nations Population Fund. It also contains a provision to prohibit groups that receive global health funding from promoting or performing abortion. Republican leadership hope to pass the spending bill on the House floor by the end of the month.

 

The Agriculture-Rural Development-Food and Drug Administration (FDA) Subcommittee advanced its FY 2025 spending bill by voice vote last week. The package includes $25.9 billion in discretionary funding-$355 million below FY 2024 levels-with $6.75 billion for the FDA to be supplemented by the agency’s user fees. The bill would block the U.S. Department of Health and Human Services from rulemaking that would prohibit menthol in cigarettes or characterizing flavor in all cigars. The full committee is scheduled to consider the proposal on July 10.

 

Lawmakers have until September 30 to fund the federal government. 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. Senate appropriators have yet to announce their top-line spending limits or a markup schedule.

 

E&C Advances 13 Health Bills-On Wednesday, the House Energy and Commerce Committee advanced the following health related bills with unanimous support:

  • R. 6020, Honor Our Living Donors Act
  • R. 455, To amend the Controlled Substances Act to fix a technical error in the definitions
  • R. 4534, Women and Lung Cancer Research and Preventive Services Act of 2023
  • R. 5012, Stillbirth Health Improvement and Education (SHINE) for Autumn Act of 2023
  • R. 7213, Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2024
  • R. 8084, LIVE Beneficiaries Act
  • R. 8089, Medicare and Medicaid Fraud Prevention Act of 2024
  • R. 8111, To amend title XIX of the Social Security Act to ensure the reliability of address information provided under the Medicaid program
  • R. 8112, To amend title XIX of the Social Security Act to further require certain additional provider screening under the Medicaid program
  • R. 4758, Accelerating Kids’ Access to Care Act
  • R. 5526, Seniors’ Access to Critical Medications Act
  • R. 6033, Supporting Patient Education And Knowledge (SPEAK) Act of 2023
  • R. 7858, Telehealth Enhancement for Mental Health Act of 2024

During the markup, Chair Cathy McMorris Rodgers (R-Wash.) confirmed that the panel continues to work on a fully paid for package to extend COVID-era telehealth flexibilities and include additional priorities on diabetic and cardiac care stating that she is optimistic that the Committee will be able to move a package before the August recess.

 

 

E&C Solicits Feedback on Proposed NIH Reforms-On Friday, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) released a framework for reforming the National Institutes of Health (NIH). The framework contains policy options for ensuring that NIH’s mission and leadership are accountable, integrated, and agile; funding mechanisms are clear, responsible, and reflective of congressional intent; and that grant research protects against national security risks and threats, and be independent, innovative, responsive, and transparent. Stakeholders who wish to submit feedback on the framework can do so by emailing [email protected] by August 16, 2024.

 

Earlier in the week, Republicans on Energy and Commerce released an interim staff report calling for changes to how the NIH approves certain kinds of research. The report is a part of the panel’s investigation into potentially risky viral research approved by the NIH that may have involved manipulation of the mpox virus. The lawmakers criticize the “deliberate, prolonged effort to deceive the Committee” as “unacceptable and potentially criminal,” and note that the NIH has yet to provide any evidence that the mpox research in question was not conducted.

 

Novo Nordisk Executive Agrees to Testify Before HELP-The Senate Health, Education, Labor, and Pensions (HELP) Committee has canceled its plans to subpoena the CEO of Novo Nordisk after the company’s executive vice president Doug Langa agreed to testify before the panel. Chairman Bernie Sanders (I-Vt.) had previously announced a vote on the subpoena after the company “repeatedly denied” requests to appear. Langa is now expected to testify before the committee in a September hearing as a part of Sanders’ investigation into the price of Novo Nordisk’s semaglutide products Ozempic and Wegovy.

 

 

MedPAC, MACPAC Release June Reports to Congress-The Medicare Payment Advisory Commission (MedPAC) has released its June report to Congress. The report discusses approaches for updating clinician payments and incentivizing participation in alternative payment models, provider networks and prior authorization in Medicare Advantage (MA), assessing data sources for measuring health care utilization by MA enrollees, paying for software technologies in Medicare, ways to lower Medicare payments for certain conditions in inpatient rehabilitation facilities, and Medicare’s Acute Hospital Care at Home. The Medicaid and CHIP Payment and Access Commission (MACPAC) also released its June report last week. The report includes four chapters highlighting: (1) recommendations for increased transparency in Medicaid and the State Children’s Health Insurance Program financing, (2) tools that states can use to optimize state Medicaid agency contracts, (3) enrollment trends in Medicare Savings Programs, and (4) improvements to demographic data collection in Medicaid.

 

DEA Telemedicine Regulation Under OMB Review-The Drug Enforcement Administration’s (DEA) proposed regulations on the prescribing of controlled substances via telemedicine are now under review at the Office of Management and Budget (OMB). The forthcoming regulations are expected to determine the status of requirements that a patient see a doctor in-person before being prescribed certain controlled substances like Adderall, Buprenorphine, and Oxycodone. These requirements have been waived since the start of the COVID-19 pandemic. White House review of the rules is a final step prior to publication in the Federal Register and the public comment period. The DEA aims to finalize the rules by this fall, before the flexibilities are set to expire at the end of 2024.

 

Congressional Retirements and Resignations-Rep. Garret Graves (R-La.) has announced that he will not run for reelection this November. Graves has served in the House of Representatives since 2015. He currently chairs the House Transportation and Infrastructure Subcommittee on Aviation and is a member of the House Natural Resources Committee.

 

Ohio state senator Michael Rulli won the special election last week to fill the remainder of Rep. Bill Johnson’s (R) term in the House of Representatives. Rulli is also the party’s nominee for the November election to serve a full-term in the chamber. Once Rulli is sworn in, the GOP will hold a 219-213 majority.

 

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

 

 

 

Upcoming Congressional Hearings and Markups

Senate Homeland Security and Governmental Affairs Committee hearing “Origins of COVID-19: An Examination of Available Evidence;” 10:00 a.m.; June 18

 

 

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

 

 

Recently Introduced Health Legislation

H.Res.1283-Supporting the designation of June 6, 2024, as National Naloxone Awareness Day; Sponsor: McClain, Lisa C. [Rep.-R-MI-9]; Committees: House-Energy and Commerce

 

H.Res.1285-Condemning the pro-abortion policies of the Biden administration; Sponsor: Moran, Nathaniel [Rep.-R-TX-1]; Committees: House-Energy and Commerce

 

H.R.8657-To require the Secretary of Commerce to produce a report that provides recommendations to improve the effectiveness, efficiency, and impact of Department of Commerce programs related to supply chain resilience and manufacturing and industrial innovation, and for other purposes; Sponsor: Higgins, Clay [Rep.-R-LA-3]; Committees: House-Energy and Commerce

 

H.R.8659-To allow women greater access to safe and effective oral contraceptive drugs intended for routine use, and to direct the Comptroller General of the United States to conduct a study on Federal funding of contraceptive methods; Sponsor: Hinson, Ashley [Rep.-R-IA-2]; Committees: House-Energy and Commerce; Ways and Means; Natural Resources; Armed Services

 

H.R.8667-To rename the community-based outpatient clinic of the Department of Veterans Affairs in Cadillac, Michigan, as the “Duane E. Dewey VA Clinic”; Sponsor: Moolenaar, John R. [Rep.-R-MI-2]; Committees: House-Veterans’ Affairs

 

H.R.8669-To direct the Secretary of Labor to issue nonmandatory guidance on reducing the threat of violence in the workplace, and for other purposes; Sponsor: Neguse, Joe [Rep.-D-CO-2]; Committees: House-Education and the Workforce

 

S.4503-A bill to prevent exploitative private equity practices, and for other purposes; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate-Finance

 

S.4504-A bill to amend the Public Health Service Act to provide for a public awareness campaign with respect to screening for type 1 diabetes, and for other purposes; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4510-A bill to amend the American Taxpayer Relief Act of 2012 to delay implementation of the inclusion of oral-only ESRD-related drugs in the Medicare ESRD prospective payment system; Sponsor: Blackburn, Marsha [Sen.-R-TN]; Committees: Senate-Finance

 

H.Res.1286-Supporting the role of the United States in helping save the lives of children and protecting the health of people in low-income countries with vaccines and immunization through Gavi, the Vaccine Alliance (“Gavi”); Sponsor: Kean, Thomas H. [Rep.-R-NJ-7]; Committees: House-Foreign Affairs

 

H.Res.1289-Recognizing the contributions of academic medicine and observing Academic Medicine Week from June 10 through 14, 2024; Sponsor: Castor, Kathy [Rep.-D-FL-14]; Committees: House-Energy and Commerce

 

H.R.8680-To authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to train community mental wellness workers; Sponsor: Espaillat, Adriano [Rep.-D-NY-13]; Committees: House-Energy and Commerce

 

H.R.8681-To ensure that hospitals are considered an eligible entity when awarding health profession opportunity grants under section 2008 of the Social Security Act; Sponsor: Horsford, Steven [Rep.-D-NV-4]; Committees: House-Ways and Means

 

H.R.8697-To direct the Secretary of Health and Human Services to conduct a demonstration project to test the impact of a guaranteed monthly income on the health of individuals enrolled for medical assistance under the Medicaid program; Sponsor: Schiff, Adam B. [Rep.-D-CA-30]; Committees: House-Ways and Means

 

H.R.8698-To amend the Public Health Service Act to provide for a public awareness campaign with respect to screening for type 1 diabetes, and for other purposes; Sponsor: Schrier, Kim [Rep.-D-WA-8]; Committees: House-Energy and Commerce

 

S.4518-A bill to amend title XVIII of the Social Security Act to establish requirements with respect to the use of prior authorization under Medicare Advantage plans; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Finance

 

S.4522-A bill to require the Secretary of Health and Human Services to carry out a public awareness campaign to increase awareness of the importance of father inclusion and engagement in improving overall health outcomes during pregnancy, childbirth, and postpartum, and for other purposes; Sponsor: Warnock, Raphael G. [Sen.-D-GA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4524-A bill 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: Lankford, James [Sen.-R-OK]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.R.8702-To amend title XVIII of the Social Security Act to establish requirements with respect to the use of prior authorization under Medicare Advantage plans; Sponsor: Kelly, Mike [Rep.-R-PA-16]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.8703-To amend the Public Health Service Act to ensure the primary recipient of a grant has access to all information related to the research funded by such grant, and for other purposes; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House-Energy and Commerce

 

H.R.8711-To amend title II of the Public Health Service Act to include as an additional right or privilege of commissioned officers of the Public Health Service (and their beneficiaries) certain leave provided under title 10, United States Code to commissioned officers of the Army (or their beneficiaries); Sponsor: Houlahan, Chrissy [Rep.-D-PA-6]; Committees: House-Energy and Commerce

 

H.R.8715-To direct the Secretary of Health and Human Services to establish a pilot program under which the Secretary enters into public-private partnerships with eligible entities to distribute to mothers of newborn infants newborn supply kits, and for other purposes; Sponsor: Letlow, Julia [Rep.-R-LA-5]; Committees: House-Energy and Commerce

 

S.Res.734-A resolution recognizing 30 years since the International Conference on Population and Development in Cairo, Egypt, and reaffirming the goals and ideals of the International Conference on Population and Development Programme of Action, including comprehensive sexual and reproductive health and rights; Sponsor: Shaheen, Jeanne [Sen.-D-NH]; Committees: Senate-Foreign Relations

 

S.Res.735-A resolution designating July 17, 2024, as “Glioblastoma Awareness Day”; Sponsor: Graham, Lindsey [Sen.-R-SC]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

S.4532-A bill to amend title XVIII of the Social Security Act to establish requirements with respect to the use of prior authorization under Medicare Advantage plans; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Finance

 

S.4533-A bill to expand and promote research and data collection on reproductive health conditions, to provide training opportunities for medical professionals to learn how to diagnose and treat reproductive health conditions, and for other purposes; Sponsor: Hyde-Smith, Cindy [Sen.-R-MS]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Res.1299-Reaffirming the goals and ideals of the 1994 International Conference on Population and Development Programme of Action in Cairo, Egypt, including comprehensive sexual and reproductive health and rights; Sponsor: Lee, Barbara [Rep.-D-CA-12]; Committees: House-Foreign Affairs

 

H.R.8725-Increasing Medication Access for Seniors Act – To require the Secretary of Health and Human Services to submit to Congress a report on the option to elect to pay cost-sharing under a prescription drug plan or MA-PD plan in monthly capped amounts; Sponsor: Caraveo, Yadira [Rep.-D-CO-8]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8736-To require the President to notify Congress of each instance the President takes certain drugs relating to cognitive function, and for other purposes; Sponsor: Ogles, Andrew [Rep.-R-TN-5]; Committees: House-Oversight and Accountability

 

H.R.8738-To amend the Internal Revenue Code of 1986 to provide a credit against tax for certain health professionals providing clinical supervision to students in rural health professional shortage areas; Sponsor: Pettersen, Brittany [Rep.-D-CO-7]; Committees: House-Ways and Means

Posted on

House Passes First FY 2025 Appropriations Bill

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

 

 

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

 

 

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

 

 

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

 

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

 

 

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

 

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

 

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

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
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

 

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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Bipartisan Working Group Releases GME Proposal

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

 

 

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

 

 

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

 

 

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

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

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

 

 

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

 

 

 

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

 

 

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

 

 

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 (I), 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 McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD Curtis (R), UT
Blumenauer (D), OR Luetkemeyer (R), MO
Kilmer (D), WA Lamborn (R), CO
Spanberger (D), VA Bucshon, MD (R), IN
Kildee (D), MI Pence (R), IN
Phillips (D), MN Duncan (R), SC
Cardenas (D), CA Armstrong (R), ND
Eshoo (D), CA McMorris Rodgers (R), WA
Manning (D), NC Gallagher (R), WI (effective April 19, 2024)
Higgins (D), NY (effective Feb. 2, 2024) LaTurner (R), KS
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

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

 

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

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E&C Advances Data Privacy Bill

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

 

 

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

 

 

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

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

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

 

 

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

 

 

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

 

 

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

 

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 McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD Curtis (R), UT
Blumenauer (D), OR Luetkemeyer (R), MO
Kilmer (D), WA Lamborn (R), CO
Spanberger (D), VA Bucshon, MD (R), IN
Kildee (D), MI Pence (R), IN
Phillips (D), MN Duncan (R), SC
Cardenas (D), CA Armstrong (R), ND
Eshoo (D), CA McMorris Rodgers (R), WA
Manning (D), NC Gallagher (R), WI (effective April 19, 2024)
Higgins (D), NY (effective Feb. 2, 2024) LaTurner (R), KS
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

H.R.8532-To identify and address barriers to coverage of remote physiologic devices under State Medicaid programs to improve maternal and child health outcomes for pregnant and postpartum women; Sponsor: Frankel, Lois [Rep.-D-FL-22]; Committees: House-Energy and Commerce

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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House Appropriators Release Preliminary Top-Line Spending Amounts

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

 

 

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

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

 

House BIOSECURE Bill Advances Out of Committee-The House Oversight and Accountability Committee advanced the BIOSECURE Act (H.R.8333) with overwhelming bipartisan support last week. The legislation would prohibit Chinese biotechnology companies of concern from receiving federal contracts, grants, or loans and is aimed at blocking foreign governments from accessing Americans’ health and genomic data. The Senate version of the bill (S.3558) was advanced out of the Homeland Security and Governmental Affairs Committee earlier this year. House Oversight Chairman James Comer (R-KY) stated that he expects a floor vote on the bill in the next 30 days, while Senate Homeland Security Chairman Gary Peters (D-MI) has discussed the possibility of attaching the legislation to the annual must-pass National Defense Authorization Act.

 

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

 

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

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

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

 

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

 

 

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

 

 

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

 

 

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

 

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 McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD Curtis (R), UT
Blumenauer (D), OR Luetkemeyer (R), MO
Kilmer (D), WA Lamborn (R), CO
Spanberger (D), VA Bucshon, MD (R), IN
Kildee (D), MI Pence (R), IN
Phillips (D), MN Duncan (R), SC
Cardenas (D), CA Armstrong (R), ND
Eshoo (D), CA McMorris Rodgers (R), WA
Manning (D), NC Gallagher (R), WI (effective April 19, 2024)
Higgins (D), NY (effective Feb. 2, 2024) LaTurner (R), KS
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

H.R.8347-To direct the Comptroller General of the United States to conduct a study on menopause care furnished by the Department of Veterans Affairs, and for other purposes. Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House-Veterans’ Affairs

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

S.Res.689-A resolution supporting the goals and ideals of National Hospital Week, to be observed from May 12 through May 18, 2024; Sponsor: Barrasso, John [Sen.-R-WY]; Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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House Speaker Mike Johnson Survives Motion to Vacate

House Speaker Mike Johnson Survives Motion to Vacate-The majority of Democrats in the House of Representatives joined with Republicans to block an attempt to oust Mike Johnson (R-La.) as Speaker. The chamber ultimately voted 359-43 to block consideration of the motion to vacate the chair, with 11 Republicans seeking to remove Johnson as speaker. Democrats’ support followed Johnson’s efforts to secure $61 billion in aid for Ukraine.

 

Ways and Means Marks Up Telehealth, Rural Health Legislation-The House Ways and Means Committee advanced six bills last week aimed at strengthening telehealth access and health care in rural and underserved communities.

  • R. 8261-Preserving Telehealth, Hospital, and Ambulance Access Act, was advanced 41-0. The bill would expand Medicare telehealth flexibilities for two years, hospital-at-home flexibilities for five years, and Medicare supplemental payments for rural hospitals and ambulance services. While the bill received unanimous support, there was acknowledgement from both sides of the aisle of the need for protect against potential waste, fraud, and abuse. Absent congressional action, many of the telehealth flexibilities currently in place will expire at the end of this year. The legislation is offset by reforms to the pharmacy benefit manager (PBM) industry that would delink PBM income from anything besides bona fide services. The bill also includes new PBM reporting requirements and auditing. It is estimated that these provisions could save up to $700 million annually.
  • H.R. 7931-PEAKS Act, was advanced 24-18. The bill would provide coverage for emergency ambulance services provided by critical access hospital (CAH)-ambulances located in a 15-mile drive in mountainous areas or areas accessible only by secondary roads at a higher payment rate. Democrats opposed the bill due to concerns that the policy’s support of CAH-operated ambulances will provide further incentive for private equity to enter the industry.
  • H.R. 8245-Rural Hospital Stabilization Act, was advanced 24-18. The bill would establish stabilization grants for rural hospitals on the brink of closure. Democrats again expressed concerns that the bill could result in funding going to private equity owned entities.
  • H.R. 8244-Ensuring Seniors’ Access to Quality Care Act, was advanced 25-18. The bill would allow nursing homes to continue operating their certified nursing aid training program if they incur fines, so long as the fines are unrelated to direct resident care. Democrats argued that the bill will permit underperforming facilities to continue to train the health care workforce in voting against the legislation.
  • H.R. 8235-Rural Physician Workforce Preservation Act, was advanced 24-16.  The bill would ensure 10% of the newly established 1,200 Medicare graduate medical education slots dedicated to rural hospitals go to truly rural hospitals. Democrats are opposed to changing the hospital eligibility structure that exists under current law, which allows certain urban hospitals to be treated as rural if they meet certain criteria.
  • H.R. 8246-Second Chances for Rural Hospitals Act, was advanced 24-16. The bill would expand the eligibility requirement for the rural emergency hospital (REH) designation by allowing hospitals that have been closed since 2014 to become a REH and receive the additional funding included with the designation. Democrats reiterated concerns that this legislation would encourage private equity acquisitions that result in the closure of community hospitals.

 

The House Energy and Commerce Committee is expected to mark up its own slate of telehealth legislation in the coming days.

 

Marshall Previews Reintroduction of Prior Authorization Bill-During a Senate Budget Committee hearing on reducing administrative burdens in the health care industry last week, Sen. Roger Marshall, M.D. (R-Kan.) discussed plans for the reintroduction of the bipartisan, bicameral Improving Seniors’ Timely Access to Care Act next month. The bill would establish requirements to streamline and standardize the use of prior authorization in the Medicare Advantage program. Marshall noted that he and his colleagues have worked to address the Congressional Budget Office’s (CBO) cost estimate of the bill, and that the score of the legislation has been revised to $0. “We’ve got the solution. Fifty-three Senate cosponsors, ten senators on this committee, including the chairman, are cosponsors of this legislation…We have 326 House members, we have 550 outside organizations, and we’ve now got a zero CBO score. So, I speak to the minority and the majority staff…there shouldn’t be any reason that everybody on Budget, on HELP, and the Finance Committee shouldn’t cosponsor this bill and be passed with unanimous consent,” Marshall said in his hearing remarks.

 

Comer Urges Use of Spending Bills to Gain Compliance with Oversight Requests-House Oversight Committee Chairman James Comer (R-Ky.) has sent a letter to new House Appropriations Committee Chairman Tom Cole (R-Okla.) urging him to reduce or withhold funding for agencies that have failed to cooperate with congressional investigations. The letter cites examples from the U.S. Department of Health and Human Services and the Food and Drug Administration, including lawmakers’ attempts to gather more information about the infant formula crisis, tobacco and nicotine regulatory programs, and the formulation of alcohol guidelines for the 2025 Dietary Guidelines for Americans. “The appropriations bills for fiscal year 2025 must signal to the administration that its behavior will no longer be tolerated. And they can do that by clearly mandating that failure to comply with congressional oversight requests for documents and information will result in a loss or reduction of funding at a given agency to gain compliance,” Comer argues. The letter to Cole was cosigned by 21 other Republican lawmakers.

 

E&C Republicans Question ASPR’s Management of SNS-Republicans on the House Energy and Commerce Committee have opened an inquiry into the Administration for Strategic Preparedness and Response’s (ASPR) management of the Strategic National Stockpile (SNS). The lawmakers point out that more than $850 million in emergency supplemental funding for the SNS went unused last year in a letter to U.S. Department of Health and Human Services Assistant Secretary Dawn O’Connell. “The Committee is alarmed by a pattern of fiscal mismanagement and a series of failed acquisitions that have left the SNS dangerously under resourced and likely underprepared to respond to future public health emergencies,” the letter states. The panel requests details about the depth and scale of procurement problems at ASPR by May 23, 2024.

 

Blumenauer, Van Duyne Spearhead Letter on Hospice Integrity-Reps. Earl Blumenauer (D-Ore.) and Beth Van Duyne (R-Texas) have sent a letter to the Centers for Medicare and Medicaid Services (CMS) requesting details about actions the agency is taking to address the rising level of fraud and abuse in the hospice industry. “When electing to receive hospice care, individuals and their families must be confident the provider is committed to delivering individualized, compassionate care that optimizes quality of life; however, we continue to hear about instances of pervasive fraud and abuse,” the letter states. The lawmakers note that CMS conducted approximately 6,700 hospice program integrity site visits during 2023, but only acted against 28 hospices, and ask the agency why such a small number of hospice certifications have been deactivated/revoked. They also ask about how CMS is using the new enforcement authorities provided by the Consolidated Appropriations Act, 2021, (CAA) when the first special focus program participants will be announced, when public reporting of survey results will be made available, and whether the agency has met its target of surveying 98% of hospices within 36 months. In addition to Reps. Blumenauer and Van Duyne, the letter was cosigned by a bipartisan group of 38 lawmakers.

 

In related news, the Government Accountability Office (GAO) released a report last week highlighting that CMS has fully implemented five and partially implemented three of the eight provisions related to hospice oversight required through the CAA. GAO found that as of May 2023, about 10% of hospices participating in Medicare for 36 months or more were overdue for a survey. Of the hospices with overdue surveys, over 25% had not had a standard survey in at least five years, 17% had at least one previous serious quality deficiency, and about 11% had a previous complaint that was severe and substantiated. GAO recommends that the agency fully implement the remaining three CAA provisions, and prioritize completion of standard surveys for those hospices that are overdue based on potential risk factors.

 

Progressive Senators Write Chamber of Commerce on Opposition to March-In Rights-Sens. Elizabeth Warren (D-Mass.), Jeff Merkley (D-Ore.), and Bernie Sanders (I-Vt.) have sent a letter to the Chamber of Commerce regarding the organization’s formation of the Business Alliance to Stop Innovation Confiscation earlier this year. The stated goal of the coalition is to stop any attempts to use Bayh-Dole Act as a means “to impose price controls by using ‘march-in’ rights to seize business patents.” Late last year, the Biden administration released a proposed framework that would use the Bayh-Dole Act to allow the government to issue its own licenses for drugs developed with taxpayer funding. “This proposal-which has not yet been finalized-is an important step forward. It clarifies that taxpayers have a backstop when drug manufacturers charge extortionate prices for drugs that were developed with public funds,” the lawmakers wrote. “But instead of working to support thousands of your members who stand to benefit from efforts to end drug company profiteering, the Chamber has opened a shadowy campaign…to ‘stymie the White House’s drug pricing initiatives.”

 

2024 Medicare Trustees Report-The latest annual Social Security and Medicare Trustees reports were released last week. As in prior years, the trustees concluded that the Social Security and Medicare programs both continue to face significant financing issues. Latest projections indicate that the Hospital Insurance Trust Fund will be able to pay 100% of total scheduled benefits until 2036, five years later than reported last year. At that point, the fund’s reserves will become depleted and continuing program income will be sufficient to pay 89% of total scheduled benefits. The improvement was due to several factors, including a policy change correcting for the way medical education expenses are accounted for in Medicare Advantage rates, higher payroll tax income, and actual 2023 expenditures that were lower than expected. The Supplementary Medical Insurance (SMI) Trust Fund is adequately financed into the indefinite future because its main financing sources are automatically adjusted each year to cover costs for the upcoming year. The Medicare Trustees note that although “the financing is assured, the rapidly rising SMI costs have been placing steadily increasing demands on beneficiaries and general taxpayers.” The report recommends that lawmakers take action sooner rather than later to reduce or eliminate long-term financing shortfalls to allow consideration of a broader range of solutions and to provide more time to phase in changes.

 

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 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 McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD Curtis (R), UT
Blumenauer (D), OR Luetkemeyer (R), MO
Kilmer (D), WA Lamborn (R), CO
Spanberger (D), VA Bucshon, MD (R), IN
Kildee (D), MI Pence (R), IN
Phillips (D), MN Duncan (R), SC
Cardenas (D), CA Armstrong (R), ND
Eshoo (D), CA McMorris Rodgers (R), WA
Manning (D), NC Gallagher (R), WI (effective April 19, 2024)
Higgins (D), NY (effective Feb. 2, 2024) LaTurner (R), KS
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

House Veterans’ Affairs Subcommittee on Health field hearing “Iowa: A Leader in Veteran Healthcare Innovation;” 10:00 a.m.; May 13

 

House Committee on Education and the Workforce hearing “Examining the Policies and Priorities of the Department of Health and Human Services;” witness: HHS Secretary Xavier Becerra; 10:15 a.m.; May 15

 

Senate Committee on Veterans’ Affairs hearing “Frontier Health Care: Ensuring Veterans’ Access No Matter Where They Live;” 3:30 p.m.; May 15

 

House Select Subcommittee on the Coronavirus Pandemic hearing “Overseeing the Overseers: A Hearing with NIH Deputy Director Lawrence Tabak;” 9:00 a.m.; May 16

 

House Science, Space, and Technology Subcommittee on Research and Technology hearing “Oversight and Examination of the National Science Foundation’s Priorities for 2025 and Beyond;” 10:00 a.m.; May 16

 

Senate Committee on Health, Education, Labor, and Pensions hearing “Examining the Dental Care Crisis in America: How Can We Make Dental Care More Affordable and More Available?” 10:00 a.m.; May 16

 

Senate Committee on Finance hearing “Rural Health Care: Supporting Lives and Improving Communities;” 10:00 a.m.; May 16

 

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

 

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

 

Recently Introduced Health Legislation

H.Res.1193-Recognizing Maternal Mental Health Awareness Week to raise awareness about maternal mental health and its effects on maternal-child health; Sponsor: Kim, Young [Rep.-R-CA-40]; Committees: House-Energy and Commerce

 

H.Res.1195-Expressing support for the goals and ideals of National Speech-Language-Hearing Month; Sponsor: Cammack, Kat [Rep.-R-FL-3]; Committees: House-Energy and Commerce

 

H.Res.1200-Expressing support for the designation of the week of May 5, 2024, through May 11, 2024, as “Tardive Dyskinesia Awareness Week”; Sponsor: Peters, Scott H. [Rep.-D-CA-50]; Committees: House-Energy and Commerce

 

H.Res.1203-Expressing support for the designation of July 17, 2024, as “Glioblastoma Awareness Day”; Sponsor: Williams, Roger [Rep.-R-TX-25]; Committees: House-Energy and Commerce

 

H.R.8244-To amend titles XVIII and XIX of the Social Security Act ensure appropriate approval for certain skilled nursing facility and nursing facility nursing aide training and competency evaluation programs under the Medicare and Medicaid program; Sponsor: Estes, Ron [Rep.-R-KS-4]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.8245-To amend title XVIII of the Social Security Act to establish the Rural Hospital Stabilization Pilot Program to provide grants to rural hospitals for purposes of ensuring local access to services; Sponsor: Feenstra, Randy [Rep.-R-IA-4]; Committees: House-Ways and Means

 

H.R.8246-To amend title XVIII of the Social Security Act to modify the criteria for designation of rural emergency hospitals; Sponsor: Arrington, Jodey C. [Rep.-R-TX-19]; Committees: House-Ways and Means

 

H.R.8247-To authorize the Secretary of Health and Human Services to award grants to increase early detection of and intervention for uterine fibroids, and for other purposes; Sponsor: Brown, Shontel M. [Rep.-D-OH-11]; Committees: House-Energy and Commerce

 

H.R.8250-To direct the Administrator of the Environmental Protection Agency to implement the recommendations described in a GAO report relating to replacing legacy air quality data systems, and for other purposes; Sponsor: Connolly, Gerald E. [Rep.-D-VA-11]; Committees: House-Energy and Commerce

 

H.R.8251-To direct the Secretary of Health and Human Services to streamline regulatory oversight of human cell and tissue products, and for other purposes; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House-Energy and Commerce

 

H.R.8260-To amend title XVIII of the Social Security Act to extend acute hospital care at home waiver flexibilities; Sponsor: Wenstrup, Brad R. [Rep.-R-OH-2]; Committees: House-Ways and Means

 

S.Res.676-A resolution supporting the goals and ideals of National Nurses Week, to be observed from May 6 through May 12, 2024; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4276-A bill to amend the Public Health Service Act to reauthorize the Project ECHO Grant Program, to establish grants under such program to disseminate knowledge and build capacity to address Alzheimer’s disease and other dementias, and for other purposes; Sponsor: Klobuchar, Amy [Sen.-D-MN]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.Res.1206-Expressing support for the designation of May 2024 as “Mental Health Awareness Month”; Sponsor: Napolitano, Grace F. [Rep.-D-CA-31]; Committees: House-Energy and Commerce

 

H.Res.1208-Supporting the goals and ideals of National Nurses Week, to be observed from May 6 through May 12, 2024; Sponsor: Joyce, David P. [Rep.-R-OH-14]; Committees: House-Energy and Commerce

 

H.J.Res.137-Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to “Short-Term, Limited-Duration Insurance and Independent, Non coordinated Excepted Benefits Coverage”; Sponsor: Self, Keith [Rep.-R-TX-3]; Committees: House-Energy and Commerce; Education and the Workforce; Ways and Means

 

H.R.8261-To amend title XVIII of the Social Security Act to extend certain flexibilities and payment adjustments under the Medicare program, and for other purposes; Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House-Ways and Means; Energy and Commerce

 

H.R.8267-To amend titles XVIII and XIX of the Social Security Act to provide that priority research drugs shall not be treated as line extensions of existing drugs for purposes of calculating manufacturer rebates under the Medicare and Medicaid programs, and for other purposes; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8278-To amend title XVIII of the Social Security Act to extend certain telehealth flexibilities with respect to hospice care under the Medicare program, and to establish a modifier for recertifications of hospice care eligibility conducted through telehealth; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House-Ways and Means

 

H.R.8283-To amend title XI of the Social Security Act to provide for a demonstration project to support automatic claim submissions under Medicare, and for other purposes; Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House-Energy and Commerce; Ways and Means

 

H.R.8284-To amend title XI of the Social Security Act to exclude providers of certain abortion services from participation in the Medicare program; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House-Ways and Means; Energy and Commerce

 

S.4278-A bill to require the Secretary of Health and Human Services to issue regulations to ensure due process rights for physicians before any termination, restriction, or reduction of the professional activity of such physicians or staff privileges of such physicians; Sponsor: Marshall, Roger [Sen.-R-KS]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4280-A bill to amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any period in which regular visitation is restricted; Sponsor: Blumenthal, Richard [Sen.-D-CT]; Committees: Senate-Finance

 

S.4286-A bill to provide emergency assistance to States, territories, Tribal nations, and local areas affected by substance use disorder, including the use of opioids and stimulants, and to make financial assistance available to States, territories, Tribal nations, local areas, public or private nonprofit entities, and certain health providers, to provide for the development, organization, coordination, and operation of more effective and cost efficient systems for the delivery of essential services to individuals with substance use disorder and their families; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4289-A bill to cancel existing medical debt, and for other purposes; Sponsor: Sanders, Bernard [Sen.-I-VT]; Committees: Senate-Health, Education, Labor, and Pensions

 

H.R.8294-To amend title XVIII of the Social Security Act to provide for a waiver of certain criteria with respect to the designation of a critical access hospital; Sponsor: Van Orden, Derrick [Rep.-R-WI-3]; Committees: House-Ways and Means

 

H.R.8299-To require the Secretary of Health and Human Services, in consultation with the Secretary of Commerce, the Council for Technology and Innovation of the Centers for Medicare & Medicaid Services, and the Commissioner of Food and Drugs, to carry out a program to facilitate and coordinate efforts between the United States and Israel to expand and enhance collaboration on the development and delivery of health care products and services; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House-Energy and Commerce

 

H.R.8311-To cancel existing medical debt, and for other purposes; Sponsor: Khanna, Ro [Rep.-D-CA-17]; Committees: House-Energy and Commerce; Financial Services

 

H.R.8317-To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services provided by doulas and midwives, and for other purposes; Sponsor: Moore, Gwen [Rep.-D-WI-4]; Committees: House-Energy and Commerce

 

H.R.8323-To provide emergency assistance to States, territories, Tribal nations, and local areas affected by substance use disorder, including the use of opioids and stimulants, and to make financial assistance available to States, territories, Tribal nations, local areas, public or private nonprofit entities, and certain health providers, to provide for the development, organization, coordination, and operation of more effective and cost efficient systems for the delivery of essential services to individuals with substance use disorder and their families; Sponsor: Raskin, Jamie [Rep.-D-MD-8]; Committees: House-Energy and Commerce; Natural Resources; Judiciary; Oversight and Accountability

 

H.R.8325-To require the Secretary of Health and Human Services to issue regulations to ensure due process rights for physicians before any termination, restriction, or reduction of the professional activity of such physicians or staff privileges of such physicians; Sponsor: Ruiz, Raul [Rep.-D-CA-25]; Committees: House-Energy and Commerce

 

H.R.8327-To amend title XI of the Social Security Act to provide for the redistribution of unused territorial cap amounts under the Medicaid program; Sponsor: Sablan, Gregorio Kilili Camacho [Del.-D-MP-At Large]; Committees: House-Energy and Commerce

 

H.R.8330-To amend the Public Health Service Act to increase access to accelerated nursing degree programs, and for other purposes; Sponsor: Stevens, Haley M. [Rep.-D-MI-11]; Committees: House-Energy and Commerce

 

H.R.8331-To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any period in which regular visitation is restricted; Sponsor: Tenney, Claudia [Rep.-R-NY-24]; Committees: House-Energy and Commerce; Ways and Means

 

S.Res.681-A resolution supporting the designation of May 10, 2024, as “National Asian American, Native Hawaiian, and Pacific Islander Mental Health Day”; Sponsor: Hirono, Mazie K. [Sen.-D-HI]; Committees: Senate-Health, Education, Labor, and Pensions

 

S.4304-A bill to amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services provided by doulas and midwives, and for other purposes; Sponsor: Warren, Elizabeth [Sen.-D-MA]; Committees: Senate-Finance

 

S.4312-A bill to establish a United States Senate Commission on Mental Health for the purpose of providing to Congress and the President independent, expert policy recommendations to improve access to and affordability of mental health care services; Sponsor: Fetterman, John [Sen.-D-PA]; Committees: Senate-Health, Education, Labor, and Pensions

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Greene, Massie to Trigger Motion to Vacate Vote

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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 McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD Curtis (R), UT
Blumenauer (D), OR Luetkemeyer (R), MO
Kilmer (D), WA Lamborn (R), CO
Spanberger (D), VA Bucshon, MD (R), IN
Kildee (D), MI Pence (R), IN
Phillips (D), MN Duncan (R), SC
Cardenas (D), CA Armstrong (R), ND
Eshoo (D), CA McMorris Rodgers (R), WA
Manning (D), NC Gallagher (R), WI (effective April 19, 2024)
Nickel (D), NC LaTurner (R), KS
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

 

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

 

Recently Introduced Health Legislation

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

 

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

 

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

 

H.R.8144-To amend title III of the Public Health Service Act to include rural emergency hospitals in the definition of a covered entity for purposes of the 340B drug discount program; Sponsor: Bergman, Jack [Rep.-R-MI-1]; Committees: House-Energy and Commerce

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

H.R.8200-To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants to eligible entities to carry out construction or modernization projects designed to strengthen and increase capacity within the specialized pediatric health care infrastructure, and for other purposes; Sponsor: Cardenas, Tony [Rep.-D-CA-29]; Committees: House-Energy and Commerce

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

S.4238-A bill to amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants to eligible entities to carry out construction or modernization projects designed to strengthen and increase capacity within the specialized pediatric health care infrastructure, and for other purposes; Sponsor: Padilla, Alex [Sen.-D-CA]; Committees: Senate-Health, Education, Labor, and Pensions

 

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

 

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

 

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

 

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

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Budget Leadership Requests GAO Review of CMMI

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

 

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

 

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

 

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

 

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

 

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

 

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 McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD Curtis (R), UT
Blumenauer (D), OR Luetkemeyer (R), MO
Kilmer (D), WA Lamborn (R), CO
Spanberger (D), VA Bucshon, MD (R), IN
Kildee (D), MI Pence (R), IN
Phillips (D), MN Duncan (R), SC
Cardenas (D), CA Armstrong (R), ND
Eshoo (D), CA McMorris Rodgers (R), WA
Manning (D), NC Gallagher (R), WI (effective April 19, 2024)
Higgins (D), NY (effective Feb. 2, 2024) LaTurner (R), KS
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

House Energy and Commerce Subcommittee on Health legislative hearing “Legislative Proposals to Increase Medicaid Access and Improve Program Integrity;” 10:00 a.m.; April 30

 

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

 

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

 

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

 

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

 

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

May 1

 

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

 

Recently Introduced Health Legislation

H.R.8084-To amend title XIX of the Social Security Act to require States to verify certain eligibility criteria for individuals enrolled for medical assistance quarterly, and for other purposes; Sponsor: Bilirakis, Gus M. [Rep.-R-FL-12]; Committees: House-Energy and Commerce

 

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

 

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

 

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

 

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

 

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

 

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

 

H.R.8108-To amend title XIX of the Social Security Act to add a Medicaid State plan requirement with respect to the determination of residency of certain individuals serving in the Armed Forces; Sponsor: Kiggans, Jennifer A. [Rep.-R-VA-2]; Committees: House-Energy and Commerce

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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E&C Schedule Hearing on Change Healthcare Cyberattack

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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 McCarthy (R), CA (effective Dec. 31, 2023)
Kim, Andy (D), NJ Johnson (R), OH (effective Jan. 21, 2024)
Jackson, Jeff (D), NC Ferguson, IV, DMD, PC (R), GA
Sarbanes (D), MD Curtis (R), UT
Blumenauer (D), OR Luetkemeyer (R), MO
Kilmer (D), WA Lamborn (R), CO
Spanberger (D), VA Bucshon, MD (R), IN
Kildee (D), MI Pence (R), IN
Phillips (D), MN Duncan (R), SC
Cardenas (D), CA Armstrong (R), ND
Eshoo (D), CA McMorris Rodgers (R), WA
Manning (D), NC Gallagher (R), WI (effective April 19, 2024)
Higgins (D), NY (effective Feb. 2, 2024) LaTurner (R), KS
Nickel (D), NC
Ruppersberger (D), MD
Sablan (D), MP
Kuster (D), NH

 

Upcoming Congressional Hearings and Markups

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

 

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

 

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

Recently Introduced Health Legislation

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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