Summary
The House is on recess until September 9, calling it quits a week earlier than planned after it became clear that they could not pass any additional appropriations bills. They managed to move five of the 12 annual spending bills, but with a slim majority and several Republican hold outs, Speaker Mike Johnson (R-LA) pulled the remaining bills and recessed for the summer. The Senate Appropriations Committee is expected to finish marking up the last of their fiscal year 2025 bills this week, but floor action is not going to happen anytime soon. When Congress returns, they will need to pass a Continuing Resolution (CR) to fund the government past September 30, the end of the fiscal year. It is expected the CR will run through the elections, but it is unclear if Speaker Johnson will push for a December date, or for the CR to go into next year.
For the last days of session before summer recess, this week the Senate will consider a package of online safety bills that include the Kids Online Safety Act (KOSA) and the Children’s Online Privacy Protection Act (COPPA) that are meant to hold Big Tech companies accountable for the harms their platforms can inflict on minors.
Hearings and Markups
- Senate Banking Committee: On Tuesday the Senate Banking, Housing, and Urban Affairs Subcommittee on Economic Policy will hold a hearing to examine banning noncompete agreements, focusing on benefits for workers, businesses, and the economy.
- Senate HELP Committee: On Wednesday the Senate Health, Education, Labor, and Pensions Committee will hold a markup to consider S.4776, to amend the Older Americans Act of 1965 to authorize appropriations for FY 2025 through 2029, S.4762, to amend the Public Health Service Act to reauthorize programs and research relating to autism, and S.4755, to reauthorize traumatic brain injury programs.
- Senate Commerce, Science and Transportation Committee: On Wednesday the Senate Commerce Committee will hold a markup of more than 30 bills including eight measures on artificial intelligence (AI)-related issues such as the CREATE AI Act to establish a national research hub, the TEST AI Act, and the AI Research, Innovation and Accountability Act.
- Senate Appropriations Committee: On Thursday the Senate Appropriations Committee will hold a markup of the Energy and Water Development and Related Agencies Appropriations Act, the Defense Appropriations Act, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, the Department of Homeland Security Appropriations Act, and the Financial Services and General Government Appropriations Act.
New Data and Health Technology Administration
Last week the Department of Health and Human Services (HHS) announced that the technology and data policy and strategy role of the Assistant Secretary for Administration will be moved to the Office of the National Coordinator for Health Information Technology (ONC). HHS intends for the reorganization to better align technology, cybersecurity, data, and artificial intelligence (AI) strategy and policy. ONC will now have dual names as the Assistant Secretary for Technology Policy and the Office of the National Coordinator for Health Information Technology (ASTP/ONC). ASTP/ONC will include the Office of Policy, Office of Standards, Certification, and Analysis, Office of the Chief Operating Officer, and Office of the Chief Technology Officer. The Office of the Chief Technology Officer will include the Office of the Chief AI Officer, Office of the Chief Data Officer, and a new Office of Digital Services. Finally, the 405(d) public-private partnership on cybersecurity will move to the Assistant Secretary for Preparedness and Response (ASPR).
Regulatory Update
The Office of Management and Budget (OMB) completed reviewing several final rules for Medicare FY 2025 payment updates to skilled nursing facilities, inpatient rehabilitation facilities, hospice providers, and psychiatric facilities
OMB is reviewing the following rules:
Medicare
- Fiscal Year (FY) Payment Updates – The FY 2025 final rules for hospitals and long-term care hospitals(August 2024).
Medicaid
- 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).
Private Insurance
- ACA Marketplace – The proposed rule would set payment parameters and provisions related to the risk adjustment programs; cost-sharing parameters; and user fees for issuers offering plans on Federally-facilitated Exchanges and State-based Exchanges using the Federal platform. It would also provide additional standards for several other ACA programs (September 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).
- Tobacco Control – The final rule would prohibit the sale of tobacco products to persons younger than 21 years of age (was set for April 2024).
- Retail Pharmacy Standards – The final rule would require pharmacies and vendors to modify the currently adopted National Council for Prescription Drug Programs (NCPDP) standards to the Telecommunications Standard Implementation Guide Version F6 (F6); Batch Standard Implementation Guide version 15; and Batch Standard Subrogation Implementation Guide version 10 (was set for February 2024).