Health Care Policy Update – Weekly Wrap-up and What’s Ahead – June 12, 2023


 

What’s Ahead: This Week
Hearings and Markups – 

  • Tuesday, June 13
    • House Education & the Workforce Committee, “Examining the Policies and Priorities of the Department of Health and Human Services.” Additional Information
    • House Education & the Workforce Committee, “Markup of the Telehealth Benefit Expansion for Workers Act of 2023 (H.R. 824) and Other Legislation.” Additional Information
    • House Energy & Commerce Committee, Health Subcommittee, “Legislative Solutions to Bolster Preparedness and Response for All Hazards and Public Health Security Threats.” Additional Information
    • House Oversight and Accountability Committee, Select Coronavirus Pandemic Subcommittee, “Oversight of CDC Policies and Decisions During the COVID-10 Pandemic.” Additional Information
    • House Veterans’ Affairs Committee, Health Subcommittee, “Care Coordination: Assessing Veteran Needs and Improving Outcomes.” Additional Information
  • Wednesday, June 14
    • House Energy & Commerce Committee, Health Subcommittee, “Examining Proposals that Provide Access to Care for Patients and Support Research for Rare Diseases.” Additional Information
  • Thursday, June 15
    • Senate Special Committee on Aging, “Before Disaster Strikes: Planning for Older Americans and People with Disabilities in All Phases of Emergencies.” Additional Information
    • Senate HELP Committee, “Mark Up of SIREN Reauthorization Act (S. 265), And Other Legislation.” Additional Information

Notable Policy Events – 

  • Tuesday, June 13
    • U.S. News & World Report, “The Pharmacy’s Evolving Role as Community Health Hub.” Additional Information
  • Wednesday, June 14
    • Bipartisan Policy Center, “Preparing for the Next Pandemic: Insights for PAHPA Reauthorization.” Additional Information
    • Kaiser Family Foundation, “The Health Wonk Shop: Probing the Power and Practices of Pharmacy Benefit Managers.” Additional Information
  • Thursday, June 15
    • Axios, “Bolstering the Health Preparedness Workforce.” Additional Information
    • Office of the National Coordinator for Health IT (ONC), “Health IT Advisory Committee Meeting (HITAC).” Additional Information
    • Punchbowl News, “Pop-Up Conversation with John Joyce: The Future of Healthcare Innovation and Cancer Research.” Additional Information
Weekly Wrap-Up: Notable Health Care Developments from Last Week
Medicare & Medicaid –
  • On June 5, House Energy & Commerce Committee Chair Rodgers (R-WA), Subcommittee on Health Chair Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Griffith (R-VA) sent a letter to HHS Inspector General Grimm raising concerns surrounding improper Medicaid payments and challenges states face in maintaining accurate enrollment during and after the eligibility redetermination process. Press Release Letter
  • On June 8, House Energy & Commerce Committee Ranking Member Pallone (D-NJ) and Senate Finance Committee Chair Wyden (D-OR) sent a letter to HHS Secretary Becerra and CMS Administrator Brooks-LaSure raising concerns regarding reports of improper Medicaid coverage losses due to the eligibility redetermination process. Press Release Letter
  • On June 9, CMS released a press release announcing a list of 43 prescription drugs for which Medicare Part B beneficiary coinsurances may be lower between July 1 – September 30, 2023, due to the Inflation Reduction Act. HHS also released a report on trends in Medicare Part B drugs spending and utilization from 2008-2021.  Press Release Report
Payment & Delivery System Models –

  • On June 8, CMS announced a new advanced primary care model, the Making Care Primary (MCP) Model, that will be tested in eight states. The model will launch July 1, 2024, and run for 10.5 years. A Request for Applications (RFA) will be released later this summer. Press Release MCP Model
  • On June 9, CMS released a blog post, “The CMS Innovation Center’s Strategy to Support High-Quality Primary Care.” The strategy includes creating multiple pathways to support improved financing for advanced primary care, equitable access to high-quality primary care, and sustainable transformation among a heterogeneity of practices. Blog
  • Also on June 9, CMS released detailed quality measure information for 12 Innovation Center models. The quality measure information can be found on the CMS Measures Inventory Tool (CMIT), and shows the measures that CMS uses to promote health care quality and improvement. CMIT

Public Health Prevention, Preparedness, Surveillance & Data –

  • On June 5, CDC released data finding that about nine million U.S. adults in 2021 reported not taking medications as prescribed because of costs. Brief
  • On June 6, the Administration for Community Living (ACL) announced a new Assistive Technology (AT) Alternative Financing Program (AFP) funding opportunity. The $700,000 one-year AFP grant will support the purchase of AT devices. Applications are due July 24, 2023. Press Release Grant Opportunity
  • On June 7, U.S. Government Accountability Office (GAO) released a report finding that HHS’s national preparedness efforts have fallen short in five key areas of effective national response: (1) clear roles and responsibilities, (2) complete and consistent data, (3) clear and consistent communication, (4) transparency and accountability, and (5) understanding key partners’ capabilities and limitations. GAO has made 155 recommendations to HHS to help address deficiencies since 2007, and 91 of these recommendations have remained unimplemented.  Report
Mental Health and Substance Use Disorder Policy –

  • On June 5, SAMHSA announced that Brian Altman, J.D., will serve as the Director of SAMHSA’s National Mental Health and Substance Use Policy Laboratory (NMHSUPL). Press Release
  • On June 6, SAMHSA published National Model Standards for Peer Support Certification for substance use, mental health and family peer workers. Press Release Model

Medical Devices, Biomedical Research, & Health Innovation –

  • On June 5, HHS announced a new challenge competition intended to demonstrate how the use of the Agency for Healthcare Research and Quality’s (AHRQ) patient safety tools has resulted in safer health care. Challenge submissions are due by October 5, 2023. Press Release
  • On June 6, the FDA announced the availability of draft guidance with updated recommendations for good clinical practices (GCPs) aimed at modernizing the design and conduct of clinical trials. This draft guidance is open for public comment until August 5, 2023. Press Release Draft Guidance
  • On June 7, Senate HELP Committee Chair Sanders (I-VT) sent a letter to HHS Secretary Becerra asking the Administration to reduce the price of an Alzheimer’s treatment currently under review by the FDA. Press Release Letter
  • Also on June 7, the FDA sent to Congress its Report on Drug Shortages for Calendar Year 2022, the tenth annual report, to summarize major actions taken by the agency to prevent or mitigate drug shortages in the United States. Report

Veterans Health and Military Health  –

  • On June 5, the Department of Veterans Affairs (VA) issued a press release on the agency’s efforts to increase its workforce to better deliver care and benefits to Veterans, their families, caregivers, and survivors. Press Release
  • On June 8, the VA Office of Inspector General (OIG) released an issue statement that reflects the information collected in response to the congressional request that directed the OIG to address concerns about the Veterans Benefits Administration’s (VBA) claims backlog. The VBA experienced a backlog due to paused in-person medical exams intended to establish disabilities and levels of impairment from the COVID-19 pandemic. Issue Statement In Brief Issue Statement
  • On June 9, the Biden Administration announced a set of executive actions to increase the economic security of military and veteran spouses, caregivers, and survivors. Fact Sheet

Population Health, Public Health & Health Equity –

  • On June 7, the White House released a summary of the White House Cancer Moonshot Smoking Cessation Forum, which included Administration officials, community and patient advocates, private sector leaders, researchers, health care providers, and public health workers. Forum Readout
  • On June 8, the Administration announced new actions to protect the rights and safety of LGBTQI+ communities, including strengthening youth mental health resources and working with health care providers and medical associations to provide access to safety training. Press Release

Health Systems & Health Care Workforce –

  • On June 7, CMS released a notice announcing the establishment of the Air Ambulance Quality and Patient Safety Advisory Committee and soliciting nominations for membership on the Advisory Committee. Nominations are due June 28, 2023. Notice
  • On June 9, the Health Resources and Services Administration (HRSA) launched the Pediatric Specialty Loan Repayment Program, a $15 million investment to recruit and retain pediatric clinicians. Press Release

Reproductive & Maternal Health –

  • On June 7, HHS Secretary Becerra released a statement on the 58th anniversary of the Supreme Court’s Griswold v. Connecticut decision, a decision that was foundational to establishing the constitutional right to contraception. He stressed the importance of access to essential health care and fundamental freedoms and highlighted previous HHS actions to protect access to birth control and provide evidence-based information. Press Release
  • On June 8, HHS released the STI Federal Implementation Plan, which details how various agencies and departments are taking a comprehensive approach to address the growing threat of sexually transmitted infections (STIs) in America. Press Release STI Federal Implementation Plan
  • On June 9, Senate HELP Committee Ranking Member Cassidy (R-LA) sent a letter to the Chair of the Equal Employment Opportunity Commission (EEOC) to request information on the EEOC’s failure to propose rules on worker accommodations as required by the Pregnant Workers Fairness Act (PWFA). Press Release Letter

Legislative Activity –
Votes and Committee Activity – 

  • On June 6, the House Education & the Workforce Committee held a markup on the bills below. The bills now head to the full House for consideration. Press Release
    • The Self-Insurance Protection Act (H.R. 2813) was passed, as amended, by a vote of 24-18. The bill would exclude from the definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans. Bill Text
    • The Association Health Plans Act (H.R. 2868) was passed, as amended, by a vote of 23-18. The bill would clarify the treatment of certain association health plans as employers. Bill Text
  • On June 7, the House Ways & Means Committee held a markup and advanced six health bills. The bills now head to the full House for consideration. Press Release
    • The Telehealth Expansion Act of 2023 (H.R. 1843) passed, as amended, by a vote of 30-12. The bill would permanently extend the exemption for telehealth services from certain high deductible health plan rules. Bill Text Joint Committee on Taxation (JCT) Description One Pager
    • The Paperwork Burden Reduction Act (H.R. 3797) passed, as amended, by a vote of 38-0. The bill would provide an alternative manner of furnishing certain health insurance coverage statements to individuals. Bill Text JCT Description One Pager
    • The Small Business Flexibility Act (H.R. 3798) passed by voice vote. The bill would inform employers of flexible health insurance benefits. Bill Text One Pager
    • The Custom Health Option and Individual Care Expense (CHOICE) Arrangement Act (H.R. 3799) passed, without amendment, by voice vote. The bill would provide for health reimbursement arrangements integrated with individual health insurance coverage. Bill Text JCT Description One Pager
    • The Chronic Disease Flexible Coverage Act (H.R. 3800) passed, as amended, by a vote of 34-6. The bill would codify Internal Revenue Service guidance relating to treatment of certain services and items for chronic conditions as meeting the preventive care deductible safe harbor for purposes of high deductible health plans in connection with health savings accounts. Bill Text JCT Description One Pager
    • The Employer Reporting Improvement Act (H.R. 3801) passed, as amended, by a vote of 37-0. The bill would streamline and improve the employer reporting process relating to health insurance coverage and protect dependent privacy. Bill Text JCT Description One Pager

Introduced Legislation –

  • On June 5, Reps. Pence (R-IN), Carson (D-IN), Buschon (R-IN), Schrier (D-WA) introduced the Diagnostic Testing Preparedness Plan Act (DTPP) (H.R. 3795), which would require the development of a diagnostic testing preparedness plan to be used during public health emergencies. Bill Text Press Release
  • Also on June 5, Reps. Fallon (R-TX) and Bishop (D-GA) introduced the Veterans Mental and Behavioral Health Quality of Care Act (H.R. 3811), which would conduct a study on the quality of care difference between behavioral and mental health care provided by health care providers of the Department of Veterans Affairs compared to non-Department providers. Press Release
  • Also on June 5, Rep. Meng (D-NY) and eight bipartisan cosponsors introduced the Mental Health Workforce and Language Access Act (H.R. 3817), which would increase language access to behavioral health services at eligible health centers. Bill Text Press Release
  • Also on June 5, Reps. Trahan (D-MA), Burgess (R-TX), Crenshaw (R-TX), and Lee (D-NV) introduced the Disease X Act of 2023 (H.R. 3832), which would establish a program at BARDA for developing medical countermeasures for viral threats with pandemic potential. Bill Text One Pager Press Release
  • On June 6, Reps. Burgess (R-TX), DeGette (D-CO), Carter (R-GA), Kelly (D-IL), Cammack (R-FL), and Castor (D-FL) introduced the Preventing Maternal Deaths Reauthorization Act of 2023 (H.R. 3838), which 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, and identify solutions to improve health care quality and health outcomes for mothers. Press Release
  • Also on June 6, Reps. Dunn (R-FL) and Kuster (D-NH) introduced the Increasing Transparency in Generic Drug Applications Act (H.R. 3839), which would increase transparency in generic drug applications. Press Release
  • Also on June 6, Reps. Kelly (D-IL) and Simpson (R-ID) introduced the Dental Health Act (H.R. 3843), which would reauthorize grants to address dental workforce needs. Press Release
  • Also on June 6, Reps. Bonamici (D-OR), Brown (D-OH), Tlaib (D-MI), Vargas (D-CA), Thanedar (D-MI) and Del. Norton (D-DC) introduced the SUPPORT for SNAP Act (H.R. 3847), which would improve nutrition assistance for people experiencing homelessness. Bill Text Press Release
  • Also on June 6, Reps. Dingell (D-MI), Fitzpatrick (R-PA), Wasserman Schultz (D-FL), and Allred (D-TX) introduced the Access to Breast Cancer Diagnosis Act of 2023 (H.R. 3851), which would prohibit group health plans and health insurance issuers offering group or individual health insurance coverage from imposing cost-sharing requirements with respect to diagnostic and supplemental breast examinations. Bill Text Press Release
  • Also on June 6, Rep. Kuster (D-NH) and 10 cosponsors introduced the Humane Correctional Health Care Act (H.R. 3860), which would provide a consistent standard of health care to incarcerated individuals. Sen. Booker (D-NJ) introduced the companion legislation in the Senate (S. 1820). Bill Text Press Release
  • Also on June 6, Rep. Sherrill (D-NJ) and 17 bipartisan cosponsors introduced the Expanded Telehealth Access Act (H.R. 3875), which would expand the scope of practitioners eligible for payment for telehealth services under the Medicare program. Press Release
  • Also on June 6, Sens. Gillibrand (D-NY) and Capito (R-WV) introduced the Supporting Families Through Addiction Act (S. 1810), which would establish a grant program for family community organizations that provide support for individuals struggling with substance use disorder and their families. Press Release
  • Also on June 6, Sen. Shaheen (D-NH) and seven bipartisan cosponsors introduced the Special Diabetes Program Reauthorization Act of 2023 (S. 1832), which 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. Press Release
  • On June 7, Rep. Crenshaw (R-TX) introduced the (H.R. 3887), which would reauthorize the program of payments to children’s hospitals that operate graduate medical education programs. Bill Text Press Release
  • Also on June 7, Reps. Kildee (D-MI), Blumenauer (D-OR), Slotkin (D-MI), Sewell (D-AL), Moore (D-WI), and Evans (D-PA) introduced the Bob von Schwedler Permanent Health Coverage Tax Credit Expansion Act (H.R. 3912), which would make the health coverage tax credit permanent. Press Release
  • Also on June 7, Reps. Morelle (D-NY) and Fitzpatrick (R-PA) introduced the Screening for Communities to Receive Early and Equitable Needed Services (SCREENS) for Cancer Act (H.R. 3916), which would reauthorize and improve the National Breast and Cervical Cancer Early Detection Program for fiscal years 2024 through 2028. Press Release
  • On June 8, Sen. Smith (D-MN) and eight cosponsors introduced the Mental Health Services for Students Act (S. 1884), which would revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. Press Release