Summary
Congress is back from recess this week. House committees plan to convene to discuss the federal response to COVID-19 and the creation of a national federal data privacy standard. As for floor activity, the House plans to vote on several bipartisan bills relating to communications infrastructure and cybersecurity and a bipartisan resolution responding to the earthquake in Turkey and Syria. The House is also expected to vote on Republican messaging measures – a bill intended to limit federal regulations and a resolution disapproving a final rule on investments. The Senate is scheduled to vote on a slate judicial nominations. Lastly, the Medicare Payment and Access Commission (MedPAC) and Medicaid and CHIP Payment and Access Commission (MACPAC) will both meet later this week.
Committee Activity
On Tuesday, the House Select Subcommittee on the Coronavirus Pandemic will hold a roundtable to “thoroughly examine the federal government’s response to the COVID-19 pandemic.” The panel features physicians who have publicly criticized the federal COVID-19 response and the Centers for Disease Control and Prevention. The roundtable is the first event convened by Chair Brad Wenstrup (R-OH) and appears unlikely to lead to viable policymaking.
On Wednesday, the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce will convene a hearing to discuss the creation of a national data privacy standard. Last July, E&C advanced the American Data Privacy and Protection Act (H.R. 8152) in a 53-2 bipartisan vote. ADPPA will likely serve as a starting point for a federal data privacy bill in this Congress. Notably, ADPAA would apply to sensitive covered data, including any health data outside of HIPAA’s purview (e.g., third-party health apps).
MedPAC
On Thursday and Friday, MedPAC will discuss draft recommendations for the June 2023 report to Congress on:
- Reforming Medicare’s wage index systems,
- Addressing high prices of drugs covered under Medicare Part B,
- Establishing a prototype design for a post-acute care prospective payment system, and
- Aligning payment rates for select services across ambulatory settings.
Commissioners will also consider alternative approaches for setting Medicare Advantage county benchmarks.
MACPAC
On Thursday, MACPAC will convene sessions on coverage, payment, and delivery. Specific topics include:
- Coverage: Providing pre-release Medicaid services to adults leaving incarceration, unwinding of continuous coverage requirements and other flexibilities;
- Payment: Countercyclical disproportionate share hospital (DSH) allotments; and
- Delivery: Experiences of full-benefit dually eligible beneficiaries in integrated care models, state flexibilities to coordinate care in the absence of full-risk capitation, and External Quality Review findings.
Commissioners will also discuss a proposed rule issued by the Centers for Medicare and Medicaid Services that requires the disclosure of certain ownership, managerial, and other information regarding Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities (WHG summary).