Summary
The Senate returns from a two-week spring recess today and the House will return tomorrow. The big agenda item this week will occur on Wednesday when House Speaker Mike Johnson (R-LA) delivers the House passed articles of impeachment against Secretary of Homeland Security Alexander Mayorkas to the Senate. On Thursday all Senators will be sworn in as jurors and Senate Majority Leader Chuck Schumer (D-NY) is expected to introduce a motion seeking the immediate dismissal of the case against Mayorkas. A simple majority vote is needed to dismiss the case, which if all the Democrats stick together should be easily done.
Beyond the impeachment, Majority Leader Schumer sent out a “dear colleague” letter on Friday outlining the Senate’s schedule in the coming weeks and months. In addition to pressuring House Speaker Johnson to finally pass a foreign aid supplemental package, Senator Schumer highlighted the need to reauthorize both FISA and the Federal Aviation Administration, his intention to provide the federal support necessary to rebuild the Francis Scott Key Bridge in Baltimore, as well as “make progress on bipartisan bills that enhance our national security, advance online safety for kids and promote innovation, expand the Child Tax Credit, work on a path forward on Tik Tok legislation, combat the fentanyl crisis, hold failed bank executives accountable, address rail safety, ensure internet affordability, safeguard cannabis banking, outcompete the Chinese government, lower the cost of prescription drugs like insulin while expanding access to health care, and more.” This is a lofty list, and the Senate won’t likely get to all the priorities this spring.
Meanwhile, on a committee level the FY 2025 budget remains front and center as the Appropriations and Authorizing Committees will continue with hearings focused on the Administration’s budget request. Additionally, this week the Senate Finance Committee will be looking at how physicians are reimbursed by Medicare and the Energy & Commerce Committee will be looking at patient access to telehealth services. Both hearings will start to lay the groundwork for a potential health package after the election during the lame duck session.
Hearings
Senate Finance Committee: On Tuesday the Senate Finance Committee Subcommittee on healthcare will hold a hearing to examine opportunities to improve substance use disorder (SUD) care in federal health programs. On Thursday, the full Committee will hold a hearing to examine how Medicare can incentive providers to better treat and manage chronic conditions.
House Energy & Commerce Committee: On Wednesday the House Energy and Commerce Health Subcommittee will hold a hearing to examine legislation that would support patients’ access to telehealth services and ensure that technological innovations provide value for both patients and the Medicare program. Included in the legislative telehealth proposals are bills that would make pandemic-era telehealth flexibilities and reimbursements permanent for Medicare beneficiaries and providers.
Regulatory Update
The Office of Management and Budget (OMB) completed reviewing the FY 2025 proposed rule for policy and payment updates for acute care hospitals inpatient and long-term care hospitals (April 2024).
OMB is also reviewing the following rules:
Medicare
- Alternative Payment Models – The proposed rule would implement a new Medicare payment model titled, Increasing Organ Transplant Access (IOTA) Model (was set for December 2023).
- Nursing Homes – The final rule would establish minimum staffing standards for long-term care facilities and establish Medicaid institutional payment transparency reporting requirements (September 2026).
Medicaid
- Disproportionate Share Hospital Program – The final rule would implement requirements under section 203 of the Consolidated Appropriations Act, 2021 (CAA), which relate to Medicaid shortfall and third-party payments (February 2024).
- Access to Care – A pair of final rule intended to access to care and quality outcomes for Medicaid and CHIP beneficiaries enrolled in managed care delivery systems and fee-for-service Medicaid (April 2024).
- Drug Rebate Program – The final rule would establishes requirements related to manufacturers’ misclassification of covered outpatient drug products under the Medicaid Drug Rebate Program (MDRP). In addition, it finalizes beneficiary protections, as well as MDRP program integrity and administration changes (June 2024).
Commercial Insurance
- Association Health Plans – The final rule would make changes the definition of employer under ERISA-Association Health Plans (April 2024)
Other Topics
- Healthcare System Resiliency and Modernization – The proposed rule would revise and update national emergency preparedness requirements for Medicare- and Medicaid-participating providers and suppliers (was set for December 2023).
- Reproductive Health Care Privacy – The final rule would modify the HIPAA Privacy Rule to support reproductive health care privacy (March 2024).