Summary
This week Congress is in a mad dash to finish legislative priorities before recessing for three weeks of winter break. Ukrainian President Volodymyr Zelensky will address an all-Senators meeting on Tuesday, as well as meet with House leaders, to try and inject some life into the stalling negotiations on the President’s emergency foreign aid supplemental request that would provide additional funds to Ukraine, Israel, Taiwan, and our own Southern border. The Senate is expected to vote on the conferenced National Defense Authorization bill by Wednesday and send it to the House, where Speaker Johnson will need Democratic votes for passage.
This afternoon the House is also expected to bring up the Lower Costs, More Transparency Act (HR 5378), the PREEMIE Reauthorization Act (HR 3226), and the SUPPORT Act (HR 4531) on suspension votes. This means that the bills will be able to bypass the Rules Committee but will require a two-thirds vote to pass. The Lower Costs, More Transparency Act will, among other things, increase transparency of hospital prices, clinical diagnostic laboratory test prices, imaging prices, ambulatory surgical center prices, health coverage prices, and pharmacy benefit manager (PBM) practices; create parity in Medicare payments for hospital outpatient department services furnished off-campus; prohibit spread pricing in Medicaid; reauthorize Community Health Centers, the Teaching Health Center GME program, National Health Service Corps; and the Special Diabetes Program; delay the Disproportionate Share Hospital (DSH) reductions under Medicaid; and increasing plan fiduciary access to health data and requiring hidden fee disclosures. While the bill has the bipartisan support of the leaders of the Energy & Commerce and Education and the Workforce Committees, Ranking Member of the House Ways and Means Committee, Rep. Richard Neal (D-MA), is not supportive of the bill because private equity reporting and transparency requirements were not included. This bill is expected to be part of negotiations for a broader health care package early next year.
Hearings and Markups:
Senate Health, Educations, Labor, and Pensions (HELP) Committee: On Tuesday the Senate HELP Committee will markup legislation to reauthorize the opioid treatment and prevention programs created under the SUPPORT Act (S.3393), the Modernizing Opioid Treatment Access Act (S.644), the Advancing Research in Education Act (S.3392), and Screens for Cancer Act (S.1840).
House Education and the Workforce Committee: Also on Tuesday, the House Education and the Workforce Committee will hold a markup of several workforce bills, including A Stronger Workforce for America Act (H.R.6655), which includes provisions to offer employment and training opportunities specifically addressing the prevention and treatment of opioid use disorders, encompassing addiction treatment, mental health care, and pain management for areas significantly impacted by widespread opioid use, addiction, and overdoses, where the demand for such activities exceeds the resources available at the State and local levels.
House Energy & Commerce Committee: On Wednesday the House Energy and Commerce Committee will hold a hearing featuring witnesses from the Department of Energy (DOE), Department of Health and Human Services (HHS), and Department of Commerce to discuss the federal government’s role in addressing the AI in the marketplace
Regulatory Update
The Office of Management and Budget (OMB) is reviewing the following rules.
Medicare, Medicaid, or Both:
- Appeals Process – The propose rule, pursuant to a court order, would establish new appeals processes for Medicare beneficiaries who have an inpatient hospital admission changed to outpatient by a hospital.
- Healthcare System Resiliency and Modernization – The proposed rule would establish culturally competent and person-centered requirements for all provider and supplier types that participate in Medicare and Medicaid programs
- Alternative Payment Models – The proposed rule would implement a new Medicare payment model titled, Increasing Organ Transplant Access (IOTA) Model.
- Medicare Advantage and Part D – The proposed rule would make changes for CY 2025 for MA capitation rates and Part C and Part payment policies. Additionally, the proposed rule would provide draft CY 2025 Part D redesign program instructions.
Other Topics:
- Conscience Rights in Health Care – The final rule would safeguard the rights of federal conscience and religious nondiscrimination while protecting access to care, including abortion.
- Health Data Interoperability – The final rule would implement certain provisions of the 21st Century Cures Act and make several enhancements to the ONC Health IT Certification Program to advance interoperability, improve transparency, and support the access, exchange, and use of electronic health information.
- No Surprises Act – The final rule would set forth requirements related to the fees for the Federal independent dispute resolution process.