Summary
It has been two weeks since Rep. Kevin McCarthy was ousted as Speaker and we are no closer to having a functioning House of Representatives. Last week shortly after Majority Leader Steve Scalise (R-LA) barely beat Rep. Jim Jordan (R-OH) by 14 votes in an internal GOP vote for Speaker, he dropped out of the race claiming he couldn’t win a floor vote. On Friday another election was held where Mr. Jordan won the party’s nomination beating out new candidate Rep. Austin Scott (R-GA) 124-81. There is tentatively a floor vote scheduled for Tuesday, and Mr. Jordan spent the weekend trying to win over his detractors. To win the Speakership a candidate needs 217 votes, something no one has been close to achieving. The party is deeply divided, and with now just a month to go before the government runs out of funding, and a crisis in the Gaza strip, the lack of leadership in the House is an increasing concern.
The Senate returns from recess this afternoon and will likely spend the week on nominations and trying to pass the appropriations package that includes the Agriculture Department, Military Construction and Veterans’ Affairs, the Department of Transportation, and the Department of Housing and Urban Development. Senate Majority Leader Chuck Schumer (D-NY) is also reportedly starting to put together an emergency spending package to assist efforts in Israel and Ukraine. An official request from the White House is expected to come this week.
Even without a Speaker, House Committees will be returning to work this week. The Ways and Means Committee will be holding field hearing in North Carolina on Tuesday on “Access to Health Care” and the Energy & Commerce Subcommittee on Health will be holding a hearing on Thursday titled, “What’s the Prognosis?: Examining Medicare Proposals to Improve Patient Access to Care & Minimize Red Tape for Doctors.”
Meanwhile the Senate Finance Committee is scheduled to hold a hearing on Wednesday titled, “Medicare Advantage (MA) Annual Enrollment: Cracking Down on Deceptive Practices and Improving Senior Experiences.” Also on Wednesday, the Senate HELP Committee will finally be holding a confirmation hearing for Dr. Monica Bertagnolli, President Biden’s nominee to be Director of the National Institutes of Health. A renowned cancer surgeon, Dr. Bertagnolli was previously the Director of the National Cancer Institute.
Regulatory Update
The Office of Management and Budget (OMB) is reviewing the following rules:
- CMS Enforcement of State Compliance with Medicaid Reporting and Renewal Requirements –The interim final rule would establish rules regarding CMS enforcement of states’ compliance with reporting requirements and renewal requirements during the period that begins on July 1, 2023 and ends on June 30, 2024. The interim final rule may codify existing guidance and provide more details on how CMS may enforce the requirements. The interim final rule was not included in the Spring 2023 Unified Agenda.
- Annual Rulemaking for Commercial Insurers – Proposed rules for the CY 2025 Policy and Technical Changes to Medicare Advantage and Part D (expected in October 2023) and CY 2025 Notice of Benefit and Payment Parameters (expected in November 2023)
- Annual CY 204 Medicare Payment Updates – Final rules for home health, hospital outpatient and ambulatory surgical centers, end-stage renal disease, and the physician fee schedule.
- 340B Program – Final rule on the Hospital Outpatient Prospective Payment System: Remedy for 340B-Acquired Drugs Purchased in Cost Years 2018-2022.
- Surprise Billing Regulations – A proposed rule to amend requirements for the independent dispute resolution (IDR) process
- Conscience Rights in Health Care – Final rule to safeguard the rights of federal conscience and religious nondiscrimination while protecting access to care, including abortion.
- Skilled Nursing Facilities – Final rule to require the disclosure of certain ownership, managerial, and other information regarding Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities. Interestingly, the Unified Agenda forecasted action in February 2026.