Health Care Policy Update – Weekly Wrap-up and What’s Ahead – July 17, 2023


What’s Ahead: This Week

Hearings and Markups – 

  • Tuesday, July 18
    • House Energy & Commerce Committee, Health Subcommittee, “Innovation Saves Lives: Evaluating Medicare Coverage Pathways for Innovative Drugs, Medical Devices, and Technology.” Additional Information 
  • Wednesday, July 19
    • House Committee on Small Business, Subcommittee on Oversight, Investigations, and Regulations, “Burdensome Red Tape: Overregulation in Health Care and the Impact on Small Businesses.” Additional Information
  • Thursday, July 20

Notable Policy Events – 

  • Tuesday, July 18
  • Tuesday, July 18 – Thursday, July 20
  • Wednesday, July 19
    • Center for American Progress, “Health Equity in Early Childhood Policy.” Additional Information
    • National Institute of Standards and Technology (NIST), “National Artificial Intelligence Advisory Committee Meeting.” Additional information
  • Thursday, July 20

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

Medicare & Medicaid –

  • On July 10, CMS released a report to Congress on Non-Emergency Medical Transportation (NEMT) in Medicaid. The report includes an analysis of Medicaid coverage of NEMT, monthly trends in the use of NEMT versus telehealth services, and a comparison of NEMT services used by states. Report to Congress
  • Also on July 10, Senate HELP Chair Sanders (I-VT) sent a letter to HHS Secretary Becerra asking how Medicare coverage for Alzheimer’s drugs will impact the finances of Medicare and costs for beneficiaries. Press Release Letter
  • On July 13, the Administration for Community Living (ACL) released a blog on Medicaid unwinding, “All Hands On Deck: Medicaid Beneficiaries Must Take Action to Keep Their Coverage.” Blog
  • Also on July 13, CMS published Open Payments Program Year 2022 data. In 2022, CMS published $12.59 billion in payments and ownership and investment interests made by applicable manufacturers and group purchasing organizations (GPOs) to physicians, physician assistants, advanced practice nurses and teaching hospitals. Data
  • Also on July 13, CMS released the Calendar Year (CY) 2024 Physician Fee Schedule, which would make payment and policy changes under Medicare Part B effective on or after January 1, 2024. Comments are due by September 11, 2023.  Press Release Fact Sheet Medicare Shared Savings Program Fact Sheet Health Equity Press Release Proposed rule
  • Also on July 13, CMS released the CY 2024 Hospital Outpatient Prospective Payment Systems (OPPS), which would update outpatient payment rates and policies on or after January 1, 2024. Comments are due September 29, 2023. Fact Sheet Price Transparency Fact Sheet Proposed rule
  • On July 14, House Energy & Commerce Chair Rodgers (R-WA), House Ways and Means Chair Smith (R-MO) and 38 Republican representatives sent a letter to HHS Secretary Becerra and CMS Administrator Brooks-LaSure requesting information on Medicare National Coverage Determination (NCD) processes. Press Release Letter

Payment & Delivery System Models – On July 14, CMS released a request for information (RFI) on episode-based payment models. CMS is seeking to test a model to improve care transitions for beneficiaries and increase engagement of specialists within value-based, accountable care. Comments are due August 17, 2023. RFI

Public Health Prevention, Preparedness, Surveillance & Data –

  • On July 11, the U.S. Government Accountability Office (GAO) released a report finding that deficiencies in HHS’ ability to lead federal efforts to prepare for and respond to public health emergencies hindered the nation’s response to the COVID-19 pandemic.  Report in Brief Report
  • On July 12, CDC announced the reorganization of several offices, including the Office of the Chief Information Officer (OCIO) and Office of Public Health Data, Surveillance, and Technology (OPHDST). Notice for OCIO Notice for OPHDST
  • On July 13, CDC announced the launch of the Bridge Access Program for COVID-19 Vaccines for this fall, to allow adults who are uninsured or underinsured to receive free COVID-19 vaccinations. Press Release
  • Also on July 13, HHS Secretary Becerra sent a letter to COVID-19 vaccine manufacturers thanking them for their partnership and outlining transition to the next phase of vaccine distribution. Letter

Health IT, Privacy, & Digital Health –

  • On July 12, the Office of the National Coordinator for Health IT (ONC) issued a blog on updates to the recently published Approved Standards for 2023 as part of ONC’s annual Standards Version Advancement Process (SVAP). The Approved SVAP Standards for 2023 include the advancement of six standards. Blog
  • Also on July 12, HHS released a report that assessed state changes to Medicaid telehealth policies during the COVID-19 Public Health Emergency (PHE) through May 2022 and identified evidence supporting telehealth policy decisions made during the COVID-19 PHE. Report in Brief Report

Mental Health and Substance Use Disorder Policy –

  • On July 11, the White House released a national response plan to address the emerging threat of fentanyl combined with xylazine. The plan includes six pillars of action: testing, data collection, evidence-based prevention, harm reduction, and treatment, supply reduction, scheduling and research. Fact Sheet National Response Plan
  • On July 13, HHS announced the addition of Spanish text and chat services to the 988 suicide and crisis lifeline. Specialized services for LGBTQI+ youth and young adults were also added, following a successful pilot test. Press Release

Prescription Drugs, Medical Devices, Biomedical Research, & Health Innovation –

  • On July 13, FDA announced the availability of draft guidance describing the factors FDA considers to determine if an applicant has demonstrated good cause for failure to comply with the required timetable for completion of studies or clinical trials. Draft Guidance
  • Also on July 13, FDA issued a notice requesting applications from patient advocates interested in participating on the Patient Engagement Collaborative (PEC). Applications are due August 14, 2023 or until 75 applications are received. Request for Applications

Veterans & Military Health – On July 11, GAO released a report that recommended the Department of Defense (DOD) fully assess the potential effects of personnel reductions on the military health system before making reduction decisions. Report in Brief Report

Population Health, Public Health & Health Equity –

  • On July 11, HHS released a proposed rule that would protect LGBTQI+ people from discrimination in health and human services programs by clarifying and reaffirming the prohibition on discrimination on the basis of sexual orientation and gender identity in certain statutes. Comments are due September 11, 2023. Press Release Proposed Rule
  • Also on July 11, HHS released a proposed rule that would strengthen key policies in the Child Care and Development Fund intended to lower families’ child care costs, increase child care options, and improve the financial stability of child care providers. Comments are due August 27, 2023. Press Release Proposed Rule
  • On July 12, Vice President Kamala Harris convened a group of disability rights advocates to discuss the transportation accessibility and the Americans with Disabilities Act (ADA). Press Release

Misc. –

  • On July 12, HHS, Consumer Financial Protection Bureau (CFPB), and the Department of Treasury released a RFI on medical credit cards, loans, and other financial products used to pay for health care. Comments are due September 11, 2023. RFI
  • On July 13, HHS announced reorganization updates within the Maternal and Child Health Bureau, Maternal and Child Health Workforce Development. Notice

Legislative Activity –
Votes and Committee Activity–

  • On July 12, the Senate Armed Services Committee released its version of the fiscal year (FY) 2024 National Defense Authorization Act. The bill would authorize $876.8 billion in defense spending for the coming fiscal year. The bill also includes provisions on TRICARE and mental health. Bill text Bill report Executive summary Press release
  • Also on July 12, the House Education and the Workforce Committee held a markup, passing four bills intended to increase transparency in health care. The legislation heads to the full House for consideration. Press release Additional information
    • The Transparency in Billing Act (H.R. 4509) passed by a vote of 39-0. The bill would require group health plans and health insurance issuers offering group health insurance coverage to only pay claims submitted by hospitals that have in place policies and procedures to ensure accurate billing practices. Bill text
    • The Transparency in Coverage Act (H.R. 4527) passed by a vote of 38-1. The bill would promote transparency in health coverage and reform pharmacy benefit management services with respect to group health plans. Bill text
    • The Health DATA Act (H.R. 4527) passed by a vote of 38-1. The bill would ensure plan fiduciaries may access de-identified information relating to health claims. Bill text
    • The Hidden Fee Disclosure Act (H.R. 4508) passed by a vote of 39-1. The bill would clarify and strengthen the application of certain employer-sponsored health plan disclosure requirements. Bill text
  • Also on July 12, the Senate Finance Committee announced it would markup a legislative package focused on addressing pharmacy benefit manager practices on July 26. Press release
  • On July 13, the House Appropriations Committee released the Fiscal Year 2024 bill for the Labor, Health and Human Services, Education, and Related Agencies Subcommittee. The bill provides $147 billion for programs under the jurisdiction of the Subcommittee, which is $60.3 billion (29%) below the FY23 enacted level and $73 billion below the President’s Budget Request. Bill text Press release Bill summary
  • Also on July 13, the House Energy & Commerce Committee, Health Subcommittee held a markup on a package of legislation addressing maternal health, public health threats, and substance use disorder treatment. The legislation heads to the full Committee for consideration. Press release
    • The Telehealth Benefit Expansion for Workers Act of 2023 (H.R. 824) passed, as amended, by a vote of 16-11. The bill would treat benefits for telehealth services offered under a group health plan or group health insurance coverage as excepted benefits. Bill text
    • The Prematurity Research Expansion and Education for Mothers who deliver Infants Early (PREEMIE) Reauthorization Act of 2023 (H.R. 3226) was passed, as amended, by a vote of 26-0. The bill would reauthorize the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act. Bill text
    • The Preventing Maternal Deaths Reauthorization Act of 2023 (H.R. 3838), passed, as amended, by a vote of 28-0. The bill would reauthorize Federal support of States in their work to save and sustain the health of mothers during pregnancy, childbirth, and the postpartum period, to eliminate disparities in maternal health outcomes for pregnancy-related and pregnancy-associated deaths, to identify solutions to improve health care quality and health outcomes for mothers. Bill text
    •  The Action for Dental Health Act of 2023 (H.R. 3843) passed by a vote of 27-0. The bill would reauthorize grants to address dental workforce needs. Bill text
    • The Sickle Cell Disease and Other Heritable Blood Disorders Research, Surveillance, Prevention, and Treatment Act of 2023 (H.R. 3884) passed, as amended, by a vote of 28-0. The bill would reauthorize the program providing for sickle cell disease and other heritable blood disorders research, surveillance, prevention, and treatment. Bill text
    • The Firefighter Cancer Registry Reauthorization Act of 2023 (H.R. 3821) passed by a vote of 28-0. The bill would reauthorize the Firefighter Cancer Registry Act of 2018.  Bill text
    • The National Plan to End Parkinson’s Act (H.R. 2365) passed by a voice vote. The bill would carry out a national project to prevent and cure Parkinson’s, to be known as the National Parkinson’s Project. Bill text
    • The Gabriella Miller Kids First Research Act 2.0 (H.R. 3391) passed, as amended, by a vote of 27-0. The bill would extend the Gabriella Miller Kids First Pediatric Research Program at the National Institutes of Health. Bill text
    • The Preparing for All Hazards and Pathogens Reauthorization Act (H.R. 3321) passed by a vote of 16-12. The bill would reauthorize certain programs under the Public Health Service Act with respect to public health security and all-hazards preparedness and response related to the Administration for Strategic Preparedness and Response. Bill text
    • The Preparedness and Response Reauthorization Act (H.R. 4420) passed by a vote of 16-12. The bill would reauthorize certain programs under the Public Health Service Act with respect to public health security and all-hazards preparedness and response related to the Centers for Disease Control and Protection. Bill text
    • The Public Health Guidance Transparency and Accountability Act  (H.R. 4529) passed by a vote of 14-11. The bill would amend the Public Health Service Act regarding guidance documents of the Centers for Disease Control and Prevention. Bill text
    • The Public Health Emergency Congressional Review Act (H.R. 4381) passed by a vote of 14-12. The bill would amend the Public Health Service Act with respect to the determination, termination, and renewal of public health emergencies. Bill text
    • The CDC Leadership Accountability Act of 2023 (H.R. 3813) passed by a vote of 14-12. The bill would accelerate the applicability of the requirement that the Director of the Centers for Disease Control and Prevention be appointed by the President, by and with the consent of the Senate. Bill text
    • The Medicaid Primary Care Improvement Act (H.R. 3834) passed by a vote of 28-0. The bill would facilitate direct primary care arrangements under Medicaid. Bill text
    • The Support for Patients and Communities Reauthorization Act (H.R. 4531) passed by voice vote. The bill would reauthorize certain programs that provide for opioid use disorder prevention, recovery, and treatment. Bill text
    • The Ensuring Medicaid Continuity for Foster Care Act of 2023 (H.R. 4056) passed by a vote of 17-9. The bill would ensure that medical assistance is available to children in foster care who are placed in a qualified residential treatment program under the Medicaid program. Bill text
    • The Children’s Hospital GME Support Reauthorization Act of 2023 (H.R. 3887) passed by a vote of 15-12. The bill would reauthorize the program of payments to children’s hospitals that operate graduate medical education programs. Bill text

Introduced Legislation –

  • On July 10, Reps. Walberg (R-MI) and Kuster (D-NH) introduced the Proper Leadership to Align Networks (PLAN) for Broadband Act (H.R. 4505), which would direct the Assistant Secretary of Commerce for Communications and Information to develop a National Strategy to Close the Digital Divide. Sens. Wicker (R-MS), Lujan (D-NM), Thune (R-SD), and Welch (D-VT) introduced the companion legislation in the Senate (S. 2238). Press release
  • Also on July 10, Reps. Davis (D-NC), Kiggans (R-VA), and Ciscomani (R-AZ) introduced the Veterans Caregiver Application and Appeals Reform (CARE) Act of 2023 (H.R. 4518), which would modify the program of comprehensive assistance for family caregivers of veterans. Sen. Tester (D-MT) and six bipartisan cosponsors introduced the companion legislation in the Senate (S. 1792) on June 1, 2023. Press release
  • On July 11, House Energy and Commerce Chair Rodgers (R-WA) introduced the Public Health Guidance Transparency and Accountability Act of 2023 (H.R. 4529), which would amend the Public Health Service Act regarding guidance documents of the CDC. Bill Text
  • Also on July 11, Reps. Guthrie (R-KY) and Kuster (D-NH) introduced the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Reauthorization Act (H.R. 4531), which would reauthorize certain programs that provide for opioid use disorder prevention, recovery, and treatment. Section-by-section Press release
  • Also on July 11, Rep. Boyle (D-PA) introduced the Medicare and Social Security Fair Share Act (H.R. 4535), which would increase funding for Social Security and Medicare. Press release
  • Also on July 11, Sens. Booker (D-NJ), King (I-ME), and Romney (R-UT) introduced the Public Health Response and Emergency Detection Through Integrated Wastewater Surveillance (PREDICT) Act (S. 2237), which would require the Secretary to award grants, contracts, or cooperative agreements to eligible entities to establish, maintain, or improve activities related to the detection and monitoring of infectious diseases through wastewater for public health emergency preparedness and response purposes. Bill text Press release
  • Also on July 11, Sens. Warnock (D-GA), Padilla (D-CA), Booker (D-NJ), Smith (D-MN), and Menendez (D-NJ) introduced the Kira Johnson Act (S. 2239), which would prevent maternal mortality and severe maternal morbidity among Black pregnant and postpartum individuals and other underserved populations, provide training in respectful maternity care, and reduce and prevent bias, racism, and discrimination in maternity care settings. Bill text Press release
  • Also on July 11, Sen. Baldwin (D-WI) and 13 cosponsors introduced the Palliative Care and Hospice Education and Training Act (PCHETA) (S. 2243), which would increase the number of permanent faculty in palliative care at accredited allopathic and osteopathic medical schools, nursing schools and other programs, including social work, physician assistant, and chaplaincy education programs, to promote education and research in palliative care and hospice, and to support the development of faculty careers in academic palliative and hospice care. Bill text One pager Press release
  • On July 12, Rep. Manning (D-NC) and nine cosponsors introduced the Advancing Maternal Health Equity Under Medicaid Act (H.R. 4585), which would provide a higher Federal matching rate for increased expenditures under Medicaid for maternal health care services. Bill text Press release
  • Also on July 12, Sens. Cortez Masto (D-NV), Tillis (R-NC), Wyden (D-OR), and Crapo (R-ID) introduced the Medicare PBM Accountability Act (S. 2254), which would establish pharmacy benefit manager reporting requirements with respect to prescription drug plans and MA-PD plans under Medicare part D. Bill text Press release
  • Also on July 12, Sens. Sullivan (R-AK) and Hassan (D-NH) introduced the Leveraging Integrated Networks in Communities through the VA to Address Social Needs (LINC VA) Act (S. 2259), which would require the Secretary of Veterans Affairs to carry out a pilot program to establish community integration network infrastructure for services for veterans, to require the collection from veterans of information related to social determinants of health. Press release
  • On July 13, Reps. Caraveo (D-CO) and Finstad (R-MN) introduced the Rural Wellness Act (H.R. 4603), which would provide for the prioritization of projects that provide behavioral and mental health treatment services in selecting grantees under certain rural development programs, and extend the substance abuse disorder set-aside and priority under the programs. Press release
  • Also on July 13, Reps. Carter (R-GA) and Bishop (D-GA) introduced the Healthy Moms and Babies Act (H.R. 4605), which would improve maternal health coverage under Medicaid and CHIP. Sens. Grassley (R-IA) and Hassan (D-NH) introduced the companion legislation in the Senate (S. 948) on March 22. Bill text Press release
  • Also on July 13, Sen. Markey (D-MA) introduced the (S. 2288), which would provide coverage of medically necessary home resiliency services under Medicare. Press Release Bill text
  • Also on July 13, Sen. Cassidy (R-LA) introduced the Community Health Care Reauthorization Act (S. 2308), which would extend funding for teaching health centers that operate GME programs, community health centers, and the National Health Service Corps. Bill text Press release
  • Also on July 13, Sens. Booker (D-NJ) and Rubio (R-FL) introduced the SNAP Nutrition Security Act (S. 2326), which would improve diet quality and nutrition security. Bill text Press release