Health Care Policy Update – Weekly Wrap-up and What’s Ahead – June 5, 2023


 

What’s Ahead: This Week
Hearings and Markups – 

  • Tuesday, June 6
    • House Committee on Education and the Workforce, “Mark Up of Telehealth Benefit Expansion for Workers Act of 2023 (H.R. 824), And Other Legislation.” Additional Information
  • Wednesday, June 7
    • House Energy and Commerce Committee, Oversight and Investigations Subcommittee, “Looking Back Before Moving Forward: Assessing CDC’s Failures in Fulfilling its Mission.” Additional Information
    • House Ways and Means Committee, “Mark Up of the Telehealth Expansion Act of 2023 (H.R. 1843), And Other Legislation.” Additional Information
    • Senate Committee on Veterans’ Affairs, “An Abiding Commitment to Those Who Served: Examining Veterans’ Access to Long Term Care.” Additional Information
  • Thursday, June 8
    • Senate Committee on Finance, “Consolidation and Corporate Ownership in Health Care: Trends and Impacts on Access, Quality, and Costs.” Additional Information
    • Senate HELP Committee, “Why Are So Many American Youth in a Mental Health Crisis? Exploring Causes and Solutions.” Additional Information

Notable Policy Events – 

  • Monday, June 5 to Tuesday, June 6
  • Monday, June 5
    • Office of the National Coordinator for Health IT (ONC), “Patient Access to Test Results.” Additional Information
  • Tuesday, June 6 to Friday, June 9
  • Tuesday, June 6
  • Wednesday, June 7 to Thursday, June 8
  • Wednesday, June 7
    • ONC, “ONC Tech Forum: What to Know About Clinical Decision Support through Real World Examples.” Additional Information
    • Politico, “Health Care Summit: Checking the Pulse of America’s Health Care System” featuring Sirona Strategies Partner, Krista Drobac. Additional Information
  • Thursday, June 8
    • Health Care Payment Learning & Action Network, “LAN Spring Series: Primary Care’s Role in Advancing High-Quality Accountable Care.” Additional Information
    • ONC, “HTI-1 Proposed Rule Information Sessions – Brief Overview and Q&A Session.” Additional Information
  • The Hill, “Cancer Care Access and Equity: Breaking Barriers to Innovation.” Additional Information
Weekly Wrap-Up: Notable Health Care Developments from Last Week
Debt Ceiling – On May 31, the House passed the Fiscal Responsibility Act of 2023 (H.R. 3746) by a vote of 314-117. On June 1, the Senate passed the legislation by a vote of 63-36. On June 3, President Biden signed the bill in law. The law raises the debt ceiling until January 1, 2025, and includes spending caps, claws back unused COVID-19 relief funds, among other provisions. Notably, Medicaid work requirements were not included. Bill Text Press Release

Medicare & Medicaid –

  • On May 30, HHS Office of Inspector General (OIG) released a report on Medicare payment for physician services furnished to enrollees while they were inpatients of a skilled nursing facility (SNF) or hospital. Report in Brief Report
  • Also on May 30, CMS released the latest enrollment figures for Medicaid and CHIP. As of February 2023, 86,174,094 and 7,199,700 people are enrolled in Medicaid and CHIP, respectively. Enrollment Figures
  • On May 31, CMS released a final rule removing the staff and patient COVID-19 testing requirements for long term care facilities. Rule
  • On June 1, Sen. Van Hollen (D-MD) and 15 other Senators sent a letter to HHS Secretary Becerra and CMS Administrator Brooks-LaSure asking the Administration to support state-level “Easy Enrollment” initiatives, which enable uninsured low-income families to sign up for health insurance when filing their state income tax returns. Press Release Letter
  • Also on June 1, CMS announced its plans to ensure access to drugs that may slow the progression of Alzheimer’s disease covered by Medicare. Press Release
  • On June 2, CMS announced that Utah submitted a request to amend its section 1115 demonstration to provide twelve months of extended Medicaid coverage to certain postpartum women. The comment period is open through July 2, 2023. Pending Application Comments
  • Also on June 2, CMS released a set of resources designed to support state Medicaid and partner agencies in designing and delivering supports and services that meet the current and future needs of adults with intellectual and developmental disabilities (I/DD) and their aging parents and caregivers. State Strategies State Designs Support Strategies Case Highlights
Payment & Delivery System Models –

  • On May 30, CMS released an evaluation report for the Maternal Opioid Misuse (MOM) model, which addresses fragmentation in the care of pregnant and postpartum Medicaid beneficiaries with opioid use disorder (OUD) through state-driven transformation of the delivery system surrounding this vulnerable population. Report MOM Model
  • On May 31, CMS released an evaluation report for the Oncology Care Model (OCM), which aims to provide higher quality, more highly coordinated oncology care at the same or lower cost to Medicare. Evaluation Report Oncology Care Model
  • Also on May 31, CMS released the fifth annual report for the comprehensive care for joint replacement (CJR) model. Fifth Report CJR Model

Health IT, Privacy, & Digital Health –

  • On May 31, ONC published a blog on findings in the 2022 American Health Association (AHA) Information Technology Supplement survey. ONC’s analysis of the survey data found that 51 percent of the hospitals surveyed are aware of the Trusted Exchange Framework and Common Agreement (TEFCA) and plan to participate. Blog
  • Also on May 31, ONC posted a Request for Proposals (RFP) to rebid the Recognized Coordinating Entity (RCE) contract for TEFCA. RFP
Mental Health and Substance Use Disorder Policy – On June 1, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced funding to states, tribes, and college campuses for youth suicide prevention programs. Press Release

Misc. –

  • On May 30, the FDA released a statement proposing a new, easy-to-read medication guide for patients known as the Patient Medication Information guide. Statement Patient Medication Information
  • Also on May 30, Reps. Fitzpatrick (R-PA) and Dingell (D-MI) led 42 of their colleagues in a letter to HHS Secretary Becerra asking the department to convene a task force to address the growing public health crisis of emergency department patient boarding. Press Release Letter
  • On June 1, HHS released a series of reports on Advancing Primary Prevention in Human Services to create opportunity, support, or intervene before negative health or social outcomes occur. Policy and Funding Brief Administrators and Practitioners Brief Lived Experience Brief
  • Also on June 1, HHS announced $65 million to help ensure communities in hurricane-prone areas have continuous access to primary care services during future emergencies. Press Release
  • Also on June 1, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) released a summary of a two-day workshop that explored new approaches to enforcement of the antitrust laws in the pharmaceutical industry. Press Release Summary

Legislative Activity –

Introduced Legislation –

  • On May 31, Rep. Castor (D-FL) introduced the Advancing Student Services in Schools Today (ASSIST) Act (H.R. 3761), which would provide for an increased Federal medical assistance percentage for State expenditures on certain behavioral health services furnished under the Medicaid program. Sen. Warnock (D-GA) and six cosponsors introduced the companion legislation in the Senate (S. 1774).  Bill Text Press Release Section-By-Section
  • Also on May 31, Sens. Carper (D-DE) and Sullivan (R-AK) introduced the Kickstarting Innovative Demonstrations Support (KIDS) Health Act of 2023 (S. 1769), which would establish a demonstration project testing Whole Child Health Models. Bill Text Press Release
  • Also on May 31, Sens. Hirono (D-HI), Cortez Masto (D-NV), and Booker (D-NJ) introduced the Stop Mental Health Stigma in Our Communities Act (S. 1773), which would provide for a national outreach and education strategy and research to improve behavioral health among the Asian American, Native Hawaiian, and Pacific Islander population, while addressing stigma against behavioral health treatment among such population. Bill Text Press Release
  • Also on May 31, Sens. Heinrich (D-NM), Cornyn (R-TX), and Padilla (D-CA) introduced the Mental Health Workforce and Language Access Act (S. 1784), which would increase language access to behavioral health services at eligible health centers. Bill Text Press Release
  • On June 1, Sens. Bennet (D-CO) and Blackburn (R-TN) introduced the Protecting Air Ambulance Services for Americans Act (S. 1803), which would revise payment for air ambulance services under the Medicare program. Bill Text Press Release Bill Summary