Summary
Big Picture. Congress is back in session, but only for a short period before it recesses again for the midterm election break. The House is scheduled to recess by Friday, while the Senate is scheduled to recess by October 2, but may recess sooner. During this time, the House is focused on advancing legislation related to Russia sanctions, data centers, and cryptocurrency, while the Senate will continue with nominations, including Chris Klomp to be Deputy Secretary of Health and Human Services.
Artificial intelligence (AI) is also gaining attention from Congress as AI executives recently agreed that industry needs to slow down the development of the technology. However, due to a lack of consensus on how to regulate AI on Capitol Hill, action is unlikely before the midterm election. In the Senate, bipartisan discussions among Majority Leader John Thune (R-SD) and Sen. Amy Klobuchar (D-MN) have recently picked up around legislation addressing catastrophic risks from advanced AI models, although key provisions, including federal preemption of state laws and requirements for model testing, remain under negotiation. Commerce Committee Ranking Member Maria Cantwell (D-WA) has pushed back on the emerging framework, arguing that a federal standard should not preempt stronger state protections and calling for independent testing of advanced models. Speaker Mike Johnson (R-LA) stated that Americans should not panic on AI regulation, while House Minority Leader Hakeem Jeffries (D-NY) emphasized that AI will be a high priority during the Democrats’ weekly caucus meeting this week.
Health Policy to Watch.
- E&C Committee to Examine Bills on Medicare Payment and Health Care Cybersecurity: On Tuesday, the Energy & Commerce Subcommittee on Health will convene a legislative hearing to consider legislative proposals to reform Medicare provider payment and bolster health care cybersecurity, including R. 9693, Patients First Act of 2026 and H.R. 8163, Provider Reimbursement Stability Act of 2026, as well as the H.R. ___, the Health Care Cybersecurity and Resiliency Act of 2026.
- Anti-Fraud Legislation: The House Ways & Means Committee is also expected to hold a markup this week, which may include the Protecting Taxpayers from Health Care Fraudsters Act.
The House bill is similar to the bipartisan Health Care Fraud Prevention and Enforcement Act (S. 5326), introduced by Senate Finance Committee Ranking Member Ron Wyden (D-OR) and Chairman Mike Crapo (R-ID), along with Sens. Catherine Cortez Masto (D-NV) and Chuck Grassley (R-IA). However, the House bill temporarily increases funding levels, while the Senate version proposes a permanent increase. It also includes a partisan summary of findings on health care fraud, blaming the Biden-Harris administration for increased health care fraud. This indicates that the bill may only be supported by House Republicans. Still, its similarities with the bipartisan Senate bill may signal a viable path forward, possibly during the lame duck session.
Summary of key provisions:
- Provides additional funding to the Health Care Fraud and Abuse Control (HCFAC) Program, the HHS Office of Inspector General, the Federal Bureau of Investigation, Medicare Integrity Program, and the Medicare-Medicaid Data Matching Program;
- Expands the authority of HCFAC to use mandatory funding to conduct investigations in the ACA Health Insurance Marketplace and related private insurance programs, in addition to Medicare and Medicaid; and
- Expands the Medicare-Medicaid Data Match Program to also identify cases of suspected fraud in CHIP.
The markup may also feature H.R.4093, the Apples to Apples Comparison Act of 2025, and H.R.6130, the Alzheimer’s Screening and Prevention Act (ASAP) Act.