What’s Ahead: This Week

Hearings and Markups –

  • Tuesday, December 12 
    • Senate HELP Committee, “Hearing on the SUPPORT for Patients and Communities Reauthorization Act (S. 3393) and Other Legislation.” Additional Information
  • Wednesday, December 13
    • House Energy & Commerce Committee, “Leveraging Agency Expertise to Foster American AI Leadership and Innovation.” Additional Information
  • Thursday, December 14
    • Senate Special Committee on Aging, “Understanding a Growing Crisis: Substance Use Trends Among Older Adults.” Additional Information
    • Senate HELP Committee, “What is Fueling the Diabetes Epidemic?” Additional Information

Notable Policy Events – 

  • Monday, December 4
    • America’s Health Insurance Plans, “Product and Clinical Collaborations Build Stronger Medicare Advantage Benefits.” Additional Information – Free, Virtual
  • Monday, December 11
  • Tuesday, December 12
    • Alliance for Health Policy, “Navigating Complex Systems: Care and Policies for Dual-Eligible Beneficiaries.” Additional Information
  • Wednesday, December 13
    • CMS, “CMS 2024 Marketplace Open Enrollment Webinar.” Additional Information
    • Duke Margolis Center for Health Policy, “Emerging CMMI Models: Aligning to Reduce Burden & Achieve Person-Centered Care in 2024.” Additional Information
    • The Hill, “Medicare Drug Price Negotiation: How to Ensure Access & Equity.” Additional Information
  • Thursday, December 14 to Friday, December 15
    • Medicaid and CHIP Payment and Access Commission (MACPAC), “December 2023 Public Meeting.” Additional Information
    • Office of the National Coordinator for Health Information Technology (ONC), “2023 ONC Annual Meeting.” Additional Information

Weekly Wrap-Up: Notable Health Care Developments from Last Week

Medicare & Medicaid–

  • On December 7, CMS released a second set of health equity data briefs which help describe the composition of Medicaid and CHIP. Mental health Briefs Well-Child Visit Briefs Section 1915(c) Waiver Briefs
  • On December 8, Sens. Cassidy (R-LA), Warren (D-MA), Blackburn (R-TN) and Cortez Masto (D-NV) sent a letter to CMS Administrator Brooks-LaSure raising concerns about shortfalls in CMS’s data collection and reporting practices for Medicare Advantage plans. Press Release Letter

Marketplaces – On December 6, CMS released a fact sheet reporting that nearly 7.3 million Americans have signed up for 2024 individual market health insurance coverage through the Marketplaces since the start of the 2024 Marketplace Open Enrollment Period (OEP) on November 1. Fact Sheet

Health IT, Privacy, & Digital Health –

  • On December 4, the Office of the National Coordinator for Health IT (ONC) published a blog on a 2020 Leading Edge Acceleration Project (LEAP) in Health IT awardee, MedStar Health Research Institute, that developed enhanced data platforms they refer to as ‘FHIR Factories’ to better provide researchers with access to EHR data. Blog
  • On December 6, HHS released a paper that outlines its cybersecurity strategy for the health care sector. The concept paper builds on the National Cybersecurity Strategy, focusing specifically on strengthening resilience for hospitals, patients, and communities threatened by cyber-attacks. Press Release Paper
  • On December 7, ONC published a blog on the launch of a new United States Core Data for Interoperability (USCDI)+ platform intended for organizing and building out the various USCDI+ datasets. Blog USCDI+ Platform

Mental Health and Substance Use Disorder Policy – On December 8, the White House Office of National Drug Control Policy (ONDCP), HHS, and the Department of Housing and Urban Development (HUD) issued a joint letter to public health departments and health care systems to expand access to naloxone and other life-saving overdose reversal medications in the communities they serve. Press Release Letter

Prescription Drugs & Health Innovation –

  • On December 4, FDA Commissioner Califf published a blog on the importance of clinical trial transparency and FDA oversight. Blog
  • On December 7, HHS released a report that used IQVIA data from 2017 through 2022 to identify the level of competition in different prescription drug markets. Report in Brief Report
  • On December 8, FDA approved the first cell-based gene therapies for the treatment of sickle cell disease in patients 12 years and older. Press Release

SDOH & Health Equity – On December 8, HHS published a study which found that adults from some racial and ethnic populations benefit substantially more than others from tobacco control policies. Press Release

Health Systems & Health Care Workforce – On December 7, Senate Budget Committee Chair Whitehouse (D-RI) and Ranking Member Grassley (R-IA) opened an investigation into the effects of private equity ownership of hospitals, raising concerns that financial transactions may have impacted quality of care for patients. Press Release

Miscellaneous

  • On December 6, the Office of Management and Budget (OMB) released the Unified Agenda and Regulatory Plan for Fall 2023, which reports on the actions administrative agencies plan to issue in the near and long term. Regulatory Agenda
  • On December 7, the Biden Administration announced a series of actions to promote competition in health care, including increasing Medicare Advantage transparency, releasing ownership information of federally qualified health centers (FQHCs) and rural health clinics (RHCs), and a proposed framework for agencies on the exercise of march-in rights on taxpayer-funded drugs. Fact Sheet Press Release
  • On December 8, the White House Office of Intergovernmental Affairs, National Economic Council, and Domestic Policy Council convened over 80 federal and state officials to discuss the importance of reducing medical debt as part of the President’s Bidenomics agenda to lower costs for American families. Readout

Legislative Activity 

Votes and Committee Activity –

  • On December 6, the House Energy & Commerce Committee held a markup and advanced several notable health care bills. The bills now go to the House for consideration. Markup Details Markup Memo
    • The National Coverage Determination Transparency Act (H.R. 5389) passed, as amended, by a vote of 46-0. The bill would ensure transparency in the national coverage determination process under the Medicare program. Bill Text
    • The Coverage Determination Clarity Act of 2023 (H.R. 5396) passed, as amended, by a vote of 45-0. The bill would prohibit Medicare local coverage determinations from restricting access to care. Bill Text
    • The Supporting Innovation for Seniors Act (H.R. 5388) passed as amended, by a vote of 43-0. The bill would provide coverage of certain technologies and medical devices under the Medicare program. Bill Text
    • H.R. 5380 passed, as amended, by a vote of 43-0. The bill would increase data transparency for supplemental benefits under Medicare Advantage. Bill Text
    • The Expanding Access to Diabetes Self-Management Training Act of 2023 (H.R. 3842) passed, as amended, by a vote of 46-0. The bill would improve access to diabetes outpatient self-management training services, and require the Center for Medicare and Medicaid Innovation to test the provision of virtual diabetes outpatient self-management training services. Bill Text
    • The Joe Fiandra Access to Home Infusion Act of 2023 (H.R. 5397) passed, as amended, by a vote of 46-0. The bill would provide coverage of external infusion pumps and non-self-administrable home infusion drugs under the Medicare program. Bill Text
    • The Physician Fee Schedule Update and Improves Act (H.R. 6545) passed, as amended, by a vote of 46-0. The bill would make improvements to the physician fee schedule under the Medicare program. Bill Text
    • The Medicare Telehealth Privacy Act of 2023 (H.R. 6364) passed, as amended, by a vote of 44-0. The bill would maintain certain telehealth flexibilities relating to provider privacy under the Medicare program. Bill Text

Introduced Legislation –

  • On December 4, Sens. Sanders (I-VT) and Cassidy (R-LA) introduced the SUPPORT Act (S.3393), which would reauthorize the SUPPORT for Patients and Communities Act. Bill Text
  • On December 5, Rep. Chavez-DeRemer (R-OR) introduced the Opioid Crisis Workforce Act (H.R. 6587), which would amend the Workforce Innovation and Opportunity Act to enhance technical assistance and support for communities impacted by substance use disorders. Bill Text Press Release
  • Also on December 5, Reps. Dingell (D-MI) and Moolenaar (R-MI) introduced the PACE Expanded Act (H.R. 6590), which would improve access to the Program of All-Inclusive Care for the Elderly. Press Release
  • Also on December 5, Reps. Lieu (D-CA), Latta (R-OH), Kamlager-Dove (D-CA), and Crenshaw (R-TX) introduced Tyler’s Law (H.R. 6600), which would issue guidance on whether hospital emergency departments should implement fentanyl testing as a routine procedure for patients experiencing an overdose. Bill Text Press Release
  • Also on December 5, Rep. Schakowsky (D-IL) and eight cosponsors introduced the Affordable Drug Manufacturing Act (H.R. 6607), which would establish an Office of Drug Manufacturing. Sens. Warren (D-MA) and Merkley (D-OR) introduced the companion legislation in the Senate (S.3398). Bill Text One-Pager Press Release
  • Also on December 5, Sen. Moran (R-KS) introduced the Rural Emergency Hospital Adjustment Act (S. 3394), which would expand the eligibility for designation as a rural emergency hospital under the Medicare program. Press Release
  • Also on December 5, Sen. Fischer (R-NE) and 10 bipartisan cosponsors introduced the Protecting Rural Seniors’ Access to Care Act (S. 3410), which would prohibit the Secretary of Health and Human Services from finalizing a proposed rule regarding minimum staffing for nursing facilities, and to establish an advisory panel on the nursing home workforce. Rep. Fischbach (R-MN) and 19 cosponsors introduced the companion legislation in the House (H.R. 5796) on September 29. Bill Text Press Release
  • Also on December 6, Sens. Lujan (D-NM), Cornyn (R-TX), Kaine (D-VA), Durbin (D-IL), and Shaheen (D-NH) introduced the Strengthening Communities of Recovery Act (S. 3424), which would reauthorize the program for strengthening communities of recovery for individuals with substance use disorders. Bill Text One-Pager Press Release
  • On December 7, Reps. Craig (D-MN), Gonzales (R-TX), Trone (D-MD), and Salazar (R-FL) introduced the Kid PROOF Act (H.R. 6663), which would amend the SUPPORT for Patients and Communities Act to authorize the use of certain grants to prevent suicide or overdose by children, adolescents, and young adults. Bill Text Press Release
  • Also on December 7, Reps. Eshoo (D-CA) and McCaul (R-TX) introduced the Innovation in Pediatric Drugs Act of 2023 (H.R. 6664), which would encourage innovation in the development of pediatric drugs. Press Release
  • Also on December 7, Reps. Kuster (D-NH) and Bacon (R-NE) introduced the Rehabilitation and Recovery During Incarceration Act (H.R. 6675), which would provide mental health and substance use services to incarcerated individuals. Sen. Booker (D-NJ) introduced the companion legislation in the Senate (S. 3451). Press Release
  • Also on December 7, Sens. Casey (D-PA) and Murphy (D-CT) introduced the Addressing Social Isolation and Loneliness in Older Adults (SILO) Act (S. 3437), which would authorize grants and training to support area agencies on aging and other community-based organizations in addressing social isolation among older individuals and adults with disabilities. One-Pager Press Release
  • Also on December 7, Sens. Padilla (D-CA), Tillis (R-NC), and Klobuchar (D-MN) introduced the Local 9-8-8 Response Act of 2023 (S. 3444), which would amend the Communications Act of 1934 to improve the accessibility of 9-8-8. Bill Text One-Pager Press Release