Health Care Checkup
October 15, 2021
THE BIG PICTURE
On Tuesday, the House voted 219-206 to extend debt ceiling through early December. The legislation increases the borrowing limit by $480 billion, which the Treasury Department predicts will last the government through December 3.

The Biden Administration’s mandate that employers with 100 or more employees either require COVID-19 vaccinations or implement weekly virus testing could be finalized in the coming weeks. On Tuesday, the Occupational Safety and Health Administration (OSHA) sent a draft of the emergency order to the White House Office of Management and Budget (OMB) for review. Once OMB completes its review of the regulation, the text will be made publicly available.

On Thursday, the FDA’s Vaccines and Related Biological Products Advisory Committee voted 19-0 in favor of authorizing Moderna’s booster shot for adults 65 and older, adults ages 18 to 64 with high risk for severe cases of COVID-19, and adults who work in high-risk settings. On Friday, the Committee also voted unanimously to authorize booster doses of Johnson & Johnson’s (J&J) COVID-19 vaccine. A booster dose of J&J’s vaccine should be given at least two months after the first dose.

President Joe Biden is reportedly considering nominating former Food and Drug Administration (FDA) Commissioner Robert Califf to return to the role. Califf, a cardiologist, previously served as the FDA Commissioner during former President Obama's second administration. Califf is currently a Professor of Cardiology at the Duke University’s School of Medicine.

A new poll released by the Kaiser Family Foundation (KFF) shows that 83% of the public support allowing Medicare to negotiate the prices of prescription drugs. 95% of Democrats, 82% of independents, and 71% of Republicans expressed support for the endeavor. KFF noted that these results even held after respondents were “provided the arguments being presented by parties on both sides of the legislative debate.”

Colorado is slated to become the first state to require that certain health insurance plans cover gender-affirming care, such as hormone therapy, gender reassignment surgery, facial bone remodeling, and other procedures. The new coverage requirements will be added to Colorado's Essential Health Benefit (EHB) benchmark, meaning that certain health plans must cover the services for their beneficiaries. The new benefits will go into effect in 2023 and will be available through individual and small-group health plans.
What to Expect Next Week: On Wednesday, October 20, the Senate Finance Committee will hold a hearing titled, "Health Insurance Coverage in America: Current and Future Role of Federal Programs." Also on Wednesday, the House Committee on Energy and Commerce will hold a hearing titled, "Enhancing Public Health: Legislation to Protect Children and Families."
DEEP DIVE
House Votes to Extend Debt Ceiling through Early December
On Tuesday, the House voted 219-206 to extend debt ceiling through early December. The legislation increases the borrowing limit by $480 billion, which the Treasury Department predicts will last the government through December 3. Last week, the Senate voted 50-48 to approve the bill. In response to the bill’s passage in the House, Ways and Means Committee Chairman Richard Neal (D-MA) said, “We have temporarily averted crisis ahead of next week’s deadline, but come December, members of Congress will need to choose to put country before party and prevent default.” Meanwhile, Senate Minority Leader Mitch McConnell sent a letter to President Joe Biden last Friday, warning that he will not help in the next debt-ceiling crisis. McConnell wrote, “I will not provide such assistance again if your all-Democrat government drifts into another avoidable crisis.” The bill will now be sent to President Joe Biden to be signed into law.

Biden Administration Employer Vaccine Mandate May be Finalized in the Coming Weeks
The Biden Administration’s mandate that employers with 100 or more employees either require COVID-19 vaccinations or implement weekly virus testing could be finalized in the coming weeks. On Tuesday, the Occupational Safety and Health Administration (OSHA) sent a draft of the emergency order to the White House Office of Management and Budget (OMB) for review. Once OMB completes its review of the regulation, the text will be made publicly available.

President Joe Biden Considering  Nominating Dr. Robert Califf to Lead the FDA
President Joe Biden is reportedly considering nominating former Food and Drug Administration (FDA) Commissioner Robert Califf to return to the role. Califf, a cardiologist, previously served as the FDA Commissioner during former President Obama's second administration. Califf is currently a Professor of Cardiology at the Duke University’s School of Medicine. Biden must make a decision soon, as acting FDA Commissioner Janet Woodcock is nearing the end of the term that acting officials are permitted to serve.

FDA’s Advisory Committee Votes Unanimously in Support of Moderna and J&J COVID-19 Booster Shots
On Thursday, the FDA’s Vaccines and Related Biological Products Advisory Committee voted 19-0 in favor of authorizing Moderna’s booster shot for adults 65 and older, adults ages 18 to 64 with high risk for severe cases of COVID-19, and adults who work in high-risk settings. Moderna’s booster will consist of a 50-microgram dose, which is half the normal dose, and must be given at least six months after the second dose was administered. On Friday, the Committee also voted unanimously to authorize booster doses of Johnson & Johnson’s (J&J) COVID-19 vaccine. A booster dose of J&J’s vaccine should be given at least two months after the first dose. While the FDA is not bound to the Committee’s recommendations, it generally follows them.
 
KFF Poll Shows that 83% of the Public Supports Medicare Negotiation of Drug Prices
A new poll released by the Kaiser Family Foundation (KFF) shows that 83% of the public support allowing Medicare to negotiate the prices of prescription drugs. 95% of Democrats, 82% of independents, and 71% of Republicans expressed support for the endeavor. KFF noted that these results even held after respondents were “provided the arguments being presented by parties on both sides of the legislative debate.” The poll also found that one in five older adults have difficulty affording their prescription drugs, even though 85% of adults ages 65 and older have insurance that helps pay for prescription drugs. There has been much partisan back-and-forth in Congress over including Medicare drug price negotiation provisions in the Build Back Better Act. It remains to be seen if the proposal will make its way into the final bill. More information on the KFF poll can be found here.
 
Colorado Becomes First State to Require Certain Health Insurers to Cover Gender-Affirming Care
Colorado is slated to become the first state to require that certain health insurance plans cover gender-affirming care, such as hormone therapy, gender reassignment surgery, facial bone remodeling, and other procedures. The new coverage requirements will be added to Colorado's Essential Health Benefit (EHB) benchmark, meaning that certain health plans must cover the services for their beneficiaries. The new benefits will go into effect in 2023 and will be available through individual and small-group health plans. At a press conference in Colorado, CMS Administrator Chiquita Brooks-LaSure said, “For too long, transgender people have faced barriers that make it difficult for them to access doctors, affordable coverage and medical treatment.” More details can be found here.
 
Senior Energy and Commerce Member Requests Hearing to Provide Oversight on the Implementation of the American Rescue Plan
Congressman Michael Burgess (R-TX) sent a letter to Energy and Commerce Chairman Frank Pallone (D-NJ), asking that the Committee hold a hearing to conduct oversight on the implementation of the American Rescue Plan (ARP). According to Burgess, there have been multiple reports that localities and states have only spent 2.5% of the $350 billion that was appropriated to them through the ARP. Additionally, Burgess said that there have been reports that some funds are not going towards COVID-19 response needs. Additional information can be found here.
 
Senate Finance Committee to Hold Hearing on the Future of Federal Programs Supporting Health Insurance Coverage
On Wednesday, October 20, the Senate Finance Committee will hold a hearing to examine the future of federal programs supporting health insurance coverage in the U.S. The hearing, titled “Health Insurance Coverage in America: Current and Future Role of Federal Programs,” will take place at 10:00 AM ET. Witnesses at the hearing will include Linda J. Blumberg, Ph.D., Institute Fellow, Urban Institute; Sara R. Collins, Ph.D., Vice President for Health Care Coverage and Access, The Commonwealth Fund; Douglas Holtz-Eakin, Ph.D., President, American Action Forum; and Frederick Isasi, J.D., M.P.H., Executive Director, Families USA.
 
Subcommittee on Health of the Committee on Energy and Commerce to Hold Hearing Next Week on 12 Health Bills
Next week, the Subcommittee on Health of the Committee on Energy and Commerce will hold a hearing on Wednesday, October 20, at 10:30 AM ET. The hearing is titled, “Enhancing Public Health: Legislation to Protect Children and Families.” 
 
The hearing will focus on the following bills:
  • H.R. 623, the “Gabriella Miller Kids First Research Act 2.0”
  • H.R. 1193, the “Cardiovascular Advances in Research and Opportunities Legacy Act”
  • H.R. 1956, the “Increasing Access to Quality Cardiac Rehabilitation Care Act of 2021”
  • H.R. 2161, the “Children and Media Research Advancement Act” or the “CAMRA Act”
  • H.R. 3749, the “Katherine’s Law for Lung Cancer Early Detection and Survival Act of 2021”
  • H.R. 4555, the “Oral Health Literacy and Awareness Act of 2021”
  • H.R. 4612, the “Protecting Access to Lifesaving Screenings Act of 2021” or the “PALS Act”
  • H.R. 5487, the “Stillbirth Health Improvement and Education for Autumn Act of 2021” or the “SHINE for Autumn Act of 2021”
  • H.R. 5551, the “Improving the Health of Children Act”
  • H.R. 5552, the “Lead Poisoning Prevention Act”
  • H.R. 5558, the “Prostate Cancer Prevention Act”
  • H.R. 5561, the “Early Hearing Detection and Intervention Reauthorization Act” 
SENATE HEARINGS AND EXECUTIVE SESSIONS
Senate Finance Committee - Hearing
Full Committee Hearing: "Health Insurance Coverage in America: Current and Future Role of Federal Programs."
Wednesday, October 20, at 10:00 AM ET
HOUSE HEARINGS AND EXECUTIVE SESSIONS
House Committee on Energy and Commerce – Hearing
Subcommittee on Health Hearing: "Enhancing Public Health: Legislation to Protect Children and Families"
Wednesday, October 20, at 10:30 AM ET

House Committee on Appropriations - Hearing
Subcommittee on Military Construction, Veterans Affairs, and Related Agencies Hearing: Update on VA's Electronic Health Record Modernization Implementation
Thursday, October 21, at 10:00 AM ET
ADMINISTRATION ANNOUNCEMENTS
Centers for Medicare & Medicaid Services
 
Food and Drug Administration
 
Guidance Documents from the Centers for Disease Control and Prevention

National Institutes of Health
QUICK LINKS
1341 G Street NW
Washington, DC 20005
202-585-0258