Health Care Checkup
February 16, 2023
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THE BIG PICTURE: KEY CONGRESSIONAL & EXECUTIVE BRANCH DEVELOPMENTS
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On Tuesday, the Senate passed the National Security Supplemental Appropriations Act by a vote of 70-29 to provide $95 billion in assistance for Ukraine, Israel, and Taiwan. The legislation faces obstacles in the House as Speaker Mike Johnson has said he has no immediate plan to bring the bill to the floor.
On Wednesday, the Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) jointly issued a Request for Information (RFI) to better understand the practices of group purchasing organizations (GPOs) and drug wholesalers.
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What to Expect Next Week:
The Senate and the House are in recess next week. The Senate will reconvene on Monday, February 26, and the House will reconvene on Wednesday, February 28.
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Congressional:
House Energy and Commerce Health Subcommittee Holds Hearing on 19 Health Bills
On Wednesday, the House Energy and Commerce Health Subcommittee took the first steps toward reauthorizing several programs that expire at the end of the fiscal year, discussing a myriad of public health legislation that looks to improve access to care, lower costs, and reauthorize programs to detect and diagnose diseases. Other bills discussed seek to improve the quality of life for people with disabilities, bolster research for cancers and Alzheimer's, and enhance emergency medical care. Eighteen of the 19 bills considered were bipartisan, and there was very little policy disagreement in the room throughout the multi-hour discussion. Several disease group advocates testified, including representatives from the American Heart Association, the American Cancer Society, and the Alzheimer’s Association. Read more on the hearing and the bills here.
The House Select Subcommittee on the Coronavirus Pandemic Holds Hearing on Vaccine Compensation and Injury
On Thursday, the Select Subcommittee on the Coronavirus Pandemic held a hearing that examined federal programs that monitor the COVID-19 vaccines' safety and compensate for injuries. Officials testified on details about the programs, acknowledged shortcomings with the programs, and asked Congress for additional funding. The Countermeasures Injury Compensation Program still has a backlog of claims. Hearing witness George Reed Grimes, director of the Division of Injury Compensation Programs at the Health Resources and Services Administration, said the agency has closed around 2,200 of an estimated 13,000 COVID-related claims. Of the total claims, 9,682 are related to the vaccines. Grimes said around 40 of the adjudicated claims had evidence of a direct injury. The office had no direct appropriation before 2022, and the Biden administration is asking for $15 million in fiscal 2024. Chairman Brad Wenstrup (R-OH) floated a potential "reserve" workforce to help staff up in emergencies. Read more on the hearing here.
Senators Form Medicare Payment Reform Working Group
Late last week, Senators Catherine Cortez Masto (D-NV), Marsha Blackburn (R-TN), John Thune (R-SD), John Barrasso (R-WY), Debbie Stabenow (D-MI), and Mark Warner (D-VA) announced the formation of a Medicare payment reform working group. The primary goal of this group is to investigate and propose long-term reforms to the physician fee schedule and make necessary updates to the Medicare Access and CHIP Reauthorization Act (MACRA). The group plans to propose policy solutions for "stable physician payments" and "necessary updates" to MACRA (PL 114-10), which aims to pay physicians f based on the quality of care rather than volume. Read the press release here.
Notable Bills Introduced:
Rep. Panetta, Colleagues Introduce Bicameral Legislation to Modernize Health Care System, Improve Access to Digital Health Services
On Tuesday, Representatives Jimmy Panetta (D-CA), Blake Moore (R-UT), Brad Schneider (D-IL), Nicole Malliotakis (R-NY), along with U.S. Senators Bill Cassidy, M.D. (R-LA) and Alex Padilla (D-CA) introduced the Health Accelerating Consumers’ Care by Expediting Self-Scheduling (ACCESS) Act to modernize health care and improve patients’ access to care. The bicameral legislation provides regulatory certainty for digital health services allowing patients to easily search for and book health care appointments online while protecting personal health information. Specifically, the bill would adjust the Anti-Kickback Statute (AKS) to remove regulatory ambiguity which would allow digital health and appointment booking platforms to work together to better serve patients. Read the press release here.
Senator Hassan and Colleagues Introduce Bipartisan Bill to Protect U.S. Health Care Systems from Hackers
On Thursday, Senator Maggie Hassan (D-NH) joined Senators Marco Rubio (R-FL), Angus King (I-ME), and Thom Tillis (R-NC) in introducing the Strengthening Cybersecurity in Health Care Act, which requires the U.S. Department of Health and Human Services Inspector General to perform consistent evaluations of the Department’s cybersecurity systems and report its findings to Congress. There has been a significant increase in cybersecurity attacks against health care systems across the country, including against HHS, according to recent reporting. As the agency tasked with keeping Americans’ personal health information safe, HHS must be equipped to combat the latest hacking crimes. Read the press release here.
Trahan, Valadao Introduce Bipartisan Legislation to Save Essential Health Systems
On Thursday, Reps. Lori Trahan (D-MA), a member of the House Energy and Commerce Committee’s Health Subcommittee, and David Valadao (R-CA) introduced the Reinforcing Essential Health Systems for Communities Act, bipartisan legislation that would establish an “essential health system” designation in federal law, creating opportunity for more federal funding and support to flow to safety net hospitals that traditionally support more uninsured and low-income patients. Read the press release here.
Executive Branch:
FTC, HHS Seek Public Comment on Generic Drug Shortages and Competition
On Wednesday, the Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) jointly issued a Request for Information (RFI) to understand how the practices of group purchasing organizations (GPOs) and drug wholesalers may be contributing to generic drug shortages. The FTC and HHS are seeking public comment regarding market concentration among large health care GPOs and drug wholesalers, as well as information detailing their contracting practices. The joint RFI seeks to understand how both GPOs and drug wholesalers impact the overall generic pharmaceutical market, including how both entities may influence the pricing and availability of pharmaceutical drugs. Read the press release here.
CMS Issues Additional Guidance on Program to Allow People with Medicare to Pay Out-of-Pocket Prescription Drug Costs in Monthly Payments
On Thursday, the Centers for Medicare & Medicaid Services (CMS) released the second part of the draft guidance for the Medicare Prescription Payment Plan that outlines requirements for Medicare Part D plan sponsors, including outreach and education requirements, pharmacy processes, and operational considerations, for the program’s first year, 2025. The draft guidance is part of the implementation of the Inflation Reduction Act. The draft guidance provides information on outreach, education, and communications requirements to ensure that seniors with Medicare Part D, particularly those who are most likely to benefit from this program, are aware of the Medicare Prescription Payment Plan. Read the press release here.
HHS Expands TEFCA by Adding Two Additional QHINs
On Monday, HHS added two more organizations to its data-sharing initiative known as Trusted Exchange Framework and Common Agreement, the CommonWell Health Alliance and Kno2. The Office of the National Coordinator for Health IT announced that they’ve designated two firms as Qualified Health Information Networks (QHINs), which allows them to immediately begin supporting data exchange under a common agreement. The initiative aims to better connect providers, public health agencies, researchers, and others in medicine through a nationwide network to facilitate sharing of patient information. The designation of these two QHINs brings the total number of QHINs to seven. QHINs are set to adopt a new version of the common agreement in the first quarter of this year. Read the press release here.
HHS Launches Postpartum Maternal Health Collaborative
On Wednesday, HHS Secretary Xavier Becerra and leaders from across HHS met with state leaders and representatives from the National Governors Association (NGA) to announce the launch of HHS Secretary's Postpartum Maternal Health Collaborative. Six states have agreed to participate in the Postpartum Maternal Health Collaborative: Iowa, Massachusetts, Maryland, Michigan, Minnesota, and New Mexico. This new collaborative seeks to bring together state experts, local providers, community partners, and federal experts to develop a better understanding of the challenges being experienced among postpartum women and support new solutions that will improve postpartum mortality. In conjunction with this new HHS collaborative, the National Governors Association launched their Improving Maternal and Child Health in Rural America State and Territory Policy Learning Collaborative. This new initiative will focus on implementing policy changes to improve maternal and child health outcomes in rural America. Read the press release here.
Legal & Other:
Federal Judge Tosses PhRMA’s Suit on Medicare Drug Price Plan
On Monday, a federal court dismissed a lawsuit challenging Medicare drug price negotiations backed by the Pharmaceutical Research and Manufacturers of America, the National Infusion Center Association, and the Global Colon Cancer Association. The US District Court for the Western District of Texas ruled it lacks jurisdiction over the National Infusion Center Association’s legal challenge to the negotiation program. Judge David Alan Ezra wrote in his ruling that given that the association was the only party residing in the district, the rest of the lawsuit was likewise dismissed. Read the court docket here.
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CONGRESSIONAL HEARINGS & EVENTS |
House & Senate Hearings and Markups:
None. The House and Senate are not in session next week.
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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
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1341 G Street NW
Washington, DC 20005
202-585-0258
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