Summary
Big Picture. The House plans to vote on the Senate-passed budget reconciliation package to fund immigration enforcement and border patrol, as well as a slate of anti-fraud bills. Meanwhile, the Senate is focused on reauthorizing FISA, which expires June 12. There could also be Senate action on the House-passed Iran war powers resolution.
Health Policy to Watch
-
- The House Energy and Commerce Subcommittee on Health will examine a slate of health care transparency bills and discussion drafts in a legislative hearing on Wednesday. It is unclear what legislative vehicle will be used to advance these measure, or whether action will come during the lame duck session or next year. Regardless, the committee is laying the groundwork for the opportunity. Amid the prevailing partisanship, price transparency remains one of the few areas with bipartisan support.
- Among the anti-fraud bills under consideration is H.R. 8464, which would empower federal agencies to withhold federal funds, such as Medicaid payments, when an elevated risk of fraud has been identified. It aligns with the kinds of policies that House Budget Committee Jodey Arrington (R-TX) has been pushing to include in a potential reconciliation 3.0.
- The FY 2027 appropriations process continues. Tomorrow, the House Appropriations Committee will mark up the Labor-HHS-Education bill. It includes a $1.9 billion recission of user fees collected from qualified health plans used to support the federal exchange. Last week, the House passed the Agriculture-FDA bill mostly along party lines. It cuts the WIC Cash Value Voucher for fruits and vegetables by ten percent to begin resetting to the pre-pandemic levels. The Senate Appropriations Committee postponed a markup of their Ag-FDA bill last Thursday.
- CMS is expected to soon release a proposed rule on the Medicare Drug Price Negotiation Program that would formalize key policy questions previously left to guidance, particularly how to define a qualifying single source drug for selection. The rule could address whether fixed-dose combination products and reformulations are aggregated with original products, an approach CMS previously floated in guidance but declined to finalize. It may also clarify clinically meaningful differences and set more durable standards for future negotiation cycles.
Regulatory Update
Completed OMB Review
- Medicaid Work Requirements. Interim Final Rule: Establishing State Community Engagement Requirements for Certain Individuals Under Section 1902(xx) of the Social
- Drug and Device Manufacturers. Notice: Drug and Device Manufacturer Communications With Payors, Formulary Committees, and Similar Entities–Questions and Answers; Revised Draft Guidance for Industry; Availability
- SNAP Cost Sharing. Proposed Rule: Supplemental Nutrition Assistance Program: Changes in Federal-State Administrative Cost Sharing
- WIC. Final Rule: Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Online Ordering and Transactions and Food Delivery Revisions to Meet the Needs of a Modern, Data-Driven Program
- Medicaid Work Requirements. Interim Final Rule: Establishing State Community Engagement Requirements for Certain Individuals Under Section 1902(xx) of the Social
- Drug and Device Manufacturers. Notice: Drug and Device Manufacturer Communications With Payors, Formulary Committees, and Similar Entities–Questions and Answers; Revised Draft Guidance for Industry; Availability
Recently Arrived at OMB
- 340B. Prerule: Notice Regarding 340B Rebate Model Pilot Program
- Short-Term Insurance. Proposed Rule: Short-Term, Limited-Duration Insurance
- 340B. Prerule: Notice Regarding 340B Rebate Model Pilot Program
- Short-Term Insurance. Proposed Rule: Short-Term, Limited-Duration Insurance
Pending OMB Review
Coverage and Payment:
- Medicaid Tax Waivers. Proposed Rule: Amending the Indirect Hold Harmless Threshold of Health Care-Related Taxes Security Act
- Managed Care. Proposed Rule: Strengthening the Integrity of Medicaid and CHIP Managed Care, Financing, and Access to Care
- Medicare. Proposed Rules: CY 2027 policy changes and payment rates for hospital outpatient departments, physicians, home health providers, and ESRD facilities
- Marketplace. Proposed Rule: Exchange Pre-Enrollment Eligibility Verification
- ERISA. Proposed Rule: Default Electronic Disclosures by Group Health Plans Under ERISA
- Essential Health Benefits. Notice: Request for Information: Comprehensive Review of the Essential Health Benefits Framework and Typical Employer Standard
- Drug Price Negotiation. Proposed Rule: Medicare Drug Price Negotiation Program
Nutrition
- Work Requirements. Proposed Rule: Supplemental Nutrition Assistance Program: Modification to Work Requirements for Able-Bodied Adults
- Categorical Eligibility. Proposed Rule: Supplemental Nutrition Assistance Program: Reforming Categorical Eligibility
Other Issues
- Pharmaceuticals. Notice: Oncology Pharmaceuticals: Streamlined Nonclinical Safety Studies for Biologics and Conjugated Products
- Accrediting Organizations. Final Rule: Strengthening Oversight of Accrediting Organizations (AO), Burden Reduction, and Related Provisions
- Immigration. Interim Final Rule: Unaccompanied Children Program Foundational Rule; Update to Include Proof of Identity and Income Verification Standards
- Medication-Assisted Treatment. Final Rule: Implementation of the SUPPORT Act: Dispensing and Administering Controlled Substances for Medication-Assisted Treatment
- HIPAA. Final Rule: HIPAA Privacy Rule: Changes to Support Coordinated Care and Individual Engagement and Reduce Regulatory Burdens
- Discrimination. Final Rule: Rescinding Portions of Department of Health and Human Services Title VI Regulations to Conform More Closely with the Statutory Text and to Implement Executive Order 14281