Summary
Congress returns this week to a full plate with about three weeks before lawmakers are scheduled to adjourn for the holiday recess.
- Fiscal Year 2023 funding: The current continuing resolution expires on December 16. Lawmakers are eyeing a one-week extension to allow for more time to figure out the omnibus spending package. The inclusion of other measures in the must-pass legislative vehicle are in flux.
- COVID-19 Response: The Biden Administration is requesting the omnibus spending package include emergency supplemental funding for the COVID-19 response and other public health needs. Specifically, the administration requests $9 billion “to address on-going and emerging COVID-19 needs, restore smallpox vaccine supply used during the monkeypox response, and begin the procurement and distribution of treatments for hepatitis C and pre-exposure prophylaxis to help prevent HIV.” The Biden Administration also requests $1 billion to support the global COVID-19 response. Congressional Republicans have previously blocked the inclusion of additional COVID-19 funding.
- Annual defense policy bill: The Senate will resume consideration National Defense Authorization Act (NDAA), which includes provisions to strengthen environmental health and security. For example, the bill reauthorizes the Centers for Disease Control and Prevention’s ongoing study and assessment on human health impacts of PFAS chemicals in drinking water.
- Same-sex marriage: Today, the Senate will continue to move the Respect for Marriage Act (HR 8404) forward. The bill, which would codify protections for same-sex and interracial marriage, cleared a key procedural vote earlier this month. The House will need to pass the Senate-version of the bill before sending it to Biden’s desk for signature.
- Debt limit: Democrats also plan to pursue legislation to raise the debt limit. Incoming House Speaker Kevin McCarthy signaled House Republicans would use raising the debt limit as leverage to force spending cuts on Medicare and Social Security.
In addition, the House is scheduled to vote on a slate of legislation this week, including a pair of maternal health bills:
- Jackie Walorski Maternal and Child Home Visiting Reauthorization Act of 2022 (R. 8876): The bill would reauthorize the MIECHV program for FY 2023 and FY 2027 and provide a $10 million increase in base funding starting in FY 2023. The bill would also make changes to the program. For example, the Department of Health and Human Services (HHS) would be required to create and annually update an “outcomes dashboard” to help Congress and the public track MIECHV’s success in improving family outcomes in every state or territory. The House Ways and Means Committee passed the bill with overwhelming bipartisan support.
- Pregnant Women in Custody Act (R. 6878): The bill includes several provisions to strengthen and promote the safety of pregnant inmates. The bill would provide a national standard of care to address pregnancy-related needs of incarcerated women during pregnancy, labor, delivery and post-partum periods. The House Judiciary Committee advanced the bill by a voice vote.
Regulatory Update
A number of regulations remain unpublished in the Federal Register despite their recent approval by the Office of Management and Budget (OMB). We detail these items below, which could be released before the year’s end:
- Request for Information on the Essential Health Benefits: The Centers for Medicare & Medicaid Services (CMS) is planning to request feedback on the essential health benefits, possibly in response to the recent court decision that partially struck down the Affordable Care Act’s (ACA’s) requirement that insurers cover certain types of preventive care without cost sharing (details).
- Final Rule for Basic Health Program: CMS is planning to release its final rule for the funding methodology for the program year 2023 basic health program.
- Proposed Rule for the 340B Drug Pricing Program: The Health Resources and Services Administration (HRSA) is planning to issue a proposed rule to replace the Administrative Dispute Resolution (ADR) rule currently in place with new requirements and procedures for the 340B Program’s ADR process.
- Proposed Rule on Substance Use Disorder Patient Records: The HHS Office of Civil Rights (OCR) is planning to issue a proposed rule to better harmonize the 42 CFR part 2 (part 2) confidentiality requirements with certain permissions and requirements of the HIPAA Rules and the HITECH Act.
- Proposed Rule on Opioid Use Disorder: The Substance Abuse and Mental Health Services Administration (SAMHSA) is set to issue a proposed rule that would permanently extend the current COVID-19 flexibility that permits health care providers to prescribe buprenorphine for opioid use disorder via telehealth.