Summary
Yesterday afternoon, the Senate released the text of an $118 billion border security and foreign aid supplemental bill that would, among other things, tighten the standard for migrants to receive asylum and allow the border to automatically shut down if migrant crossings hit specific daily numbers. The bill provides $60 billion for war efforts in Ukraine, $14 billion in security assistance for Israel, $10 billion in humanitarian assistance to civilians in Gaza, the West Bank, Ukraine and other conflict zones, and $20 billion to address operational needs and provide additional resources to the border. Senate Majority Leader Chuck Schumer (D-NY) is expected to bring up the bill for a procedural vote on Wednesday, however, it is yet to be determined if there are enough bipartisan votes for passage. Meanwhile Speaker of the House, Mike Johnson (R-LA) said on Sunday that the bill is “dead on arrival” in the House, and this week the House would consider a $17 billion assistance bill for Israel.
While the Senate is debating the most comprehensive immigration reform in years, the House Rules Committee is expected to take up H.Res. 863, articles of impeachment for Homeland Secretary Alejandro Mayorkas. If this resolution is advanced to the House floor, and manages to pass the razor thin Republican majority, the Senate will be forced to hold a trial on whether to convict Mayorkas and remove him from office. While a Senate acquittal would be expected, this could take up a substantial amount of time on the Senate floor when there are less than four weeks until the first continuing resolution expires.
Finally, the House may also bring up H.R. 485, the Protecting Healthcare for All Patients Act, pending advancement by the Rules Committee. The bill, which passed out of the Energy & Commerce Committee last March on a party-line basis, prohibits all federal health care programs, including the Federal Employees Health Benefits Program, and federally funded state health care programs from using prices that are based on quality-adjusted life years (i.e., measures that discount the value of a life based on disability) to determine relevant thresholds for coverage reimbursements, or incentive programs (Impact summary of Committee Markup).
Hearings
- House Ways and Means Committee: On Tuesday, the House Ways and Means Committee will hold a hearing to examine drug shortages in the United States., focusing on the impacts on patient access to care.
- House Energy & Commerce Committee: On Tuesday the House Energy and Commerce Subcommittee on Oversight and Investigations will hold a hearing to examine the importance of the Food and Drug Administration (FDA)’s Foreign Drug Inspection Program, why it hasn’t been widely restarted in countries like India and China, and how this trend affects domestic production.
- Senate HELP Committee: On Thursday the Senate Health, Education, Labor, and Pensions Committee will hold a hearing to examine the cost of prescription drugs featuring testimony from Merck, Johnson & Johnson, and Bristol Myers Squibb CEOs.
- Senate Finance Committee: On Thursday, the Senate Finance Committee will hold a hearing to examine artificial intelligence (AI) and health care, focusing on promise and pitfalls.
Markups
- House Oversight Committee on Accountability: On Tuesday the House Oversight Committee will mark up a PBM reform bill, H.R. 6283, the Delinking Revenue from Unfair Gouging (DRUG) Act.
Regulatory Update
The Office of Management and Budget (OMB) completed reviewing a final rule that would make regulatory changes to safeguard the confidentiality of substance use disorder records, as required by the CARES Act. 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).
- Payment Update – The proposed rule would revise the Medicare hospital inpatient and long-term care hospital prospective payment system (April 2024).
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).
- Eligibility and Enrollment – The final rule would implement changes to align enrollment and renewal requirements for most individuals in Medicaid and promote maintenance of coverage (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).
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)