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Congressional:
Continuing Resolution Negotiations Continue
On Thursday, Speaker Mike Johnson stated that congressional leaders are nearing a deal on a continuing resolution (CR) to fund the government into next year. The legislation must be passed by December 20, when the current government funding resolution expires. Many Medicare, Medicaid, and public health provisions are set to expire at the end of 2024. Negotiations are ongoing between key House and Senate leaders to include an extension of these policies in the CR. As of this writing, the size and scope of the package not have been finalized.
Senate Passes Multiple Health Care Bills
On Tuesday, the Senate unanimously passed four health care bills, three of which are now headed to the President’s desk to be signed into law.
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Reauthorization of the Older Americans Act (S. 4776). The legislation funds meals and medical services such as health screenings and health care transportation. The Senate’s version would reauthorize the act for five years and boost funding from $2.3 billion to $2.76 billion in fiscal year (FY) 2025. The bill now heads to the House.
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Emergency Medical Services for Children Reauthorization Act (H.R. 6960). The legislation reauthorizes through FY2029 the Emergency Medical Services for Children State Partnership Program, which awards grants to state governments and medical schools to support emergency medical services for children who need treatment for trauma or critical care. The bill now heads to President Biden and is expected to be signed into law.
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Paperwork Burden Reduction Act (H.R. 3797). The legislation modifies provisions under the Patient Protection and Affordable Care Act so that employers and health insurance providers are no longer required to send tax forms to covered individuals showing proof of minimum essential coverage (1095-B and 1095-C tax forms) unless a form is requested. The bill now heads to President Biden and it is expected to be signed into law.
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Employer Reporting Improvement Act (H.R. 3801). The legislation would give employers more time to respond to a penalty assessment and allow employers to file some documents related to coverage electronically. The bill now heads to President Biden and it is expected to be signed into law.
Rep. Guthrie Selected to Lead Energy and Commerce Committee
On Monday, the House Republican Steering Committee selected Rep. Brett Guthrie (R-KY) to be the next chairman of the Energy and Commerce Committee. Guthrie was competing against Rep. Bob Latta (R-OH) for the role. Guthrie has led the panel's Health Subcommittee Republicans since 2021, focusing on price transparency, COVID-19 oversight, and opioid-related issues. The full Republican Conference will ratify the steering committee’s selections. As Energy & Commerce Chair, Guthrie will select his replacement for chair of the Health Subcommittee, with Gus Bilirakis (R-FL), Buddy Carter (R-GA), and Morgan Griffith (R-VA) all vying for the role.
Rep. Walberg Selected to Lead Education and Workforce Committee
On Thursday, the House Republican Steering Committee selected Rep. Tim Walberg (R-MI) to be the next chairman of the Education and the Workforce Committee, over Rep. Burgess Owens (R-UT). The House GOP conference is expected to sign off on the selection. The panel has jurisdiction over health care benefits through employers through the Employee Retirement Income Security Act (ERISA). Walberg will replace Rep. Virginia Foxx (R-NC), who is not seeking another term as chair. Walberg has pledged to protect ERISA and offer “opportunities to expand choice and flexibility.” He also said he wants to pass legislation to restore Trump-era rules expanding access to association health plans.
Sens. Schatz, Wicker Lead Group Of 100 Lawmakers in Calling for Extension of Telehealth Expansion
On Monday, Senators Brian Schatz (D-HI) and Roger Wicker (R-MS) led a bipartisan and bicameral group of 100 lawmakers calling House and Senate leadership to further extend Medicare coverage of telehealth services in a year-end appropriations bill. Congress first directed Medicare to cover telehealth services, like urgent care and behavioral health services, during the COVID-19 pandemic in 2020. Lawmakers extended that coverage as part of the fiscal 2023 consolidated appropriations package, but the current extensions expire on December 31 if they are not reauthorized. Read the press release and letter here.
Notable Bills Introduced:
Sens. Warren, Hawley, Reps. Harshbarger, Auchincloss Introduce Bipartisan Bill to Cut Drug Costs, Rein in Pharmacy Benefit Managers (PBMs)
On Wednesday, Senators Elizabeth Warren (D-MA) and Josh Hawley (R-MO), alongside Reps. Diana Harshbarger (R-TN) and Jake Auchincloss (D-MA), introduced the Patients Before Monopolies (PBM) Act. The bipartisan, bicameral bill will prohibit joint ownership of PBMs and pharmacies, require that a parent company in violation of the PBM Act divest its pharmacy business within three years and disgorge revenue received during the period of violation. Read the press release here and the bill here.
Sens. Boozman, Luján Lead Push for Expanded Access to Radiology Services
On Thursday, Sens. John Boozman (R-AR) and Ben Ray Luján (D-NM) introduced the Medicare Access to Radiology Care Act (MARCA), which would allow radiologists to submit claims to Medicare for non-diagnostic services performed by radiologist assistants (RAs) they directly supervise in both the hospital and office setting. While RAs are recognized under Medicare to perform services under direct supervision, the radiology practices that employ them are unable to submit claims to Medicare for RA-performed services in hospitals, where they normally work. Read the press release here and the bill here.
Rep. Miller-Meeks Introduces VA Bill Increasing Veterans' Access to High-Cost Medication
On Tuesday, Rep. Mariannette Miller-Meeks (R-IA) introduced the Providing Veterans Essential Medications Act, legislation that increases access to medications for severely disabled veterans in State Veterans Homes. Currently, the Department of Veterans Affairs (VA) does not pay State Veterans Homes for high-cost medications for severely disabled veterans, which are covered outside the facility. Read the press release here and the bill here.
Sens. Smith and Collins Introduce Bill to Build Health Care Workforce in Rural Areas
On Monday, Senators Tina Smith (D-MN) and Susan Collins (R-ME) introduced legislation to improve access to health care and address the physician shortage in rural areas. The Rural Residency Planning and Development Act of 2024 would authorize the Rural Residency Planning and Development Program to continue providing start-up funding to rural hospitals, medical schools, and other organizations to establish new rural residency programs. Read the press release here and the bill here.
Rep. Tokuda Leads Bipartisan Bill to Support Health Workforce
On Monday, Reps. Jill Tokuda (D-HI) and Carol Miller (R-WV) introduced the Strengthening Pathways to Health Professions Act to increase access to federal programs that help grow the pipeline of healthcare professionals in primary care, mental and behavioral health, and dental services. The legislation would provide tax-exempt status to certain federal scholarship and loan repayment programs at the Health Resources and Services Administration (HRSA), including the Nurse Corps Scholarship and Loan Repayment Programs, the Native Hawaiian Health Scholarship Program, and the Faculty Loan Repayment Program. Read the press release here and the bill here.
President-Elect Trump Transition:
Trump Nominates Andrew Ferguson to Replace Lina Khan as FTC Chair
On Tuesday, President-elect Donald Trump selected Andrew Ferguson, a Republican member of the US Federal Trade Commission, to serve as the agency’s chair, currently held by Lina Khan. Ferguson had also previously served as Virginia’s solicitor general. “Andrew has a proven record of standing up to Big Tech censorship, and protecting Freedom of Speech in our Great Country,” Trump said in a statement posted to his Truth Social network. “Andrew will be the most America First, and pro-innovation FTC Chair in our Country’s History.” Ferguson can assume the role of FTC chair immediately following Trump’s inauguration on January 20 since he is already a commissioner.
Executive Branch:
Biden HHS Extends COVID-19 Vaccine Liability Protections Through 2029
On Wednesday, the Department of Health and Human Services (HHS) announced in a notice it is extending through 2029 liability protections for those producing and administering COVID-19 vaccines, as the HHS noted there remains “a credible risk that COVID-19 may in the future constitute such an emergency.” COVID-19 vaccine injuries are covered under the Countermeasures Injury Compensation Program (CICP) rather than the HHS’ Vaccine Injury Compensation Program (VCIP). The CICP was established to compensate people for injuries or deaths spurred by the administration of measures meant to combat public health emergencies. Read the announcement here.
Legal & Other:
Court Blocks Biden Administration Expansion of the Affordable Care Act for DACA Recipients
On Monday, a federal judge sided with a coalition of state attorneys in blocking a Biden administration rule to provide marketplace health insurance to recipients of the Deferred Action for Childhood Arrivals (DACA) program. North Dakota District Judge Daniel Traynor granted a preliminary injunction, blocking the administration from offering eligibility for ACA plans to more than 200,000 DACA recipients. The Department of Health and Human Services (HHS) released the final rule in May, which modified the definition of “lawfully present” under the ACA, allowing DACA recipients access to government-subsidized health insurance for the first time. However, a group of 19 attorneys general, led by Kansas Attorney General Kris Kobach, challenged the rule, citing a 1996 law prohibiting undocumented immigrants from receiving federal benefits. In his decision, Traynor wrote that the US Department of Health and Human Services likely “acted in excess of statutory authority.” “The authority granted to CMS by the ACA is to ascertain whether an individual meets the requirements for lawful status. It by no means allows the agency to circumvent congressional authority and redefine the term ‘lawfully present,’ Judge Traynor wrote.”
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