Health Care Checkup
April 16, 2021
THE BIG PICTURE
On Wednesday, President Biden signed H.R. 1868 into law. The bill will extend the suspension of Medicare sequestration through December 31, 2021. The sequester would have otherwise reduced payments to most providers and health plans by 2%. The bill will also make some technical Medicare reimbursement changes relating to rural health clinics and hospitals receiving disproportionate share payments.
 
On Tuesday, House Speaker Nancy Pelosi (D-CA) wrote a letter to President Biden, inviting him to address a joint session of Congress on Wednesday, April 28.
 
Also on Tuesday, Energy and Commerce (E&C) Chair Frank Pallone, Jr. (D-NJ), E&C Ranking Member Cathy McMorris Rodgers (R-WA), and E&C Health Subcommittee leaders Anna Eshoo (D-CA) and Brett Guthrie (R-KY), wrote a letter to the Department of Health and Human Services (HHS) Secretary Xavier Becerra. In the letter, the lawmakers urged Becerra to ensure that HHS conducts “vigorous oversight and enforces full compliance” with the Hospital Price Transparency Final Rule, which went into effect on January 1, 2021.
 
This week, Chiquita Brooks-LaSure and Andrea Palm went before the Senate Finance Committee, where their nominations were considered. Brooks-LaSure was nominated to be the Administrator of the Centers for Medicare and Medicaid Services (CMS), and Andrea Palm was nominated to be Deputy Secretary of HHS. Brooks-LaSure was questioned on topics including telehealth flexibilities, dual-eligible care coordination, and Medicaid waiver flexibilities. Palm was frequently questioned about the migrant crisis at the border. A date has not yet been set by the Senate Finance Committee for a vote on their confirmations.
 
The House Energy and Commerce Subcommittee on Health held a hearing titled, "An Epidemic within a Pandemic: Understanding Substance Use and Misuse in America." The lawmakers discussed policy priorities to help combat the ongoing substance use crisis in America. MCRT’s summary of the hearing can be found here.
 
The U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) recommended the pause of Johnson & Johnson’s (J&J) COVID-19 vaccine due to cases of a rare and dangerous blood clot that developed in six individuals who received the vaccine. On Wednesday, the CDC’s Advisory Committee on Immunization Practices (ACIP) met to discuss the agencies’ recommendation to pause use of the J&J vaccine. ACIP decided that it needs additional time to evaluate the data and asses the risks before it votes on a recommendation. The expert panel is expected to meet again within the next week and will likely vote on a recommendation then.
 
Rosa DeLauro (D-CT), Chairwoman of the House Appropriations Committee, and Senator Patty Murray (D-WA), Chairwoman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, reintroduced the Healthy Families Act. The bill would allow workers at businesses with 15 or more employees to earn up to seven days of paid sick leave each year.
What to Expect Next Week: The Senate Health, Education, Labor and Pensions Committee will hold a hearing on Tuesday, titled “COVID-19 Recovery: Supporting Workers and Modernizing the Workforce Through Quality Education, Training, and Employment Opportunities." Also on Tuesday, the Senate Appropriations Committee will hold a hearing on the American Jobs Plan. Next Friday, ACIP will reconvene to discuss J&J’s COVID-19 vaccine. The virtual meeting can be viewed here and will run from 11:00 a.m. to 5:00 p.m. ET. 
DEEP DIVE
President Biden Signs Medicare Sequestration Bill into Law
 
On Wednesday, President Biden signed H.R. 1868 into law. The bill will extend the suspension of Medicare sequestration through December 31, 2021. The sequester would have otherwise reduced payments to most providers and health plans by 2%. The bill will also make some technical Medicare reimbursement changes relating to rural health clinics and hospitals receiving disproportionate share payments. Since the Senate’s version of the bill was signed into law, the House’s efforts to wipe the statutory PAYGO scorecard did not come to fruition. Senator Susan Collins (R-ME), a sponsor of the bill, said that “At a time when our country is relying so heavily on our health care providers to help get us back to normal, we cannot ignore the financial realities they face.” The original moratorium on the cuts expired on March 31, so the Centers for Medicare and Medicaid Services (CMS) temporarily halted claims processing while it awaited further guidance from Congress.
 
Lawmakers Write Letter to HHS Secretary Seeking Hospital Transparency Rule
 
On April 13, Energy and Commerce (E&C) Chair Frank Pallone, Jr. (D-NJ), E&C Ranking Member Cathy McMorris Rodgers (R-WA), and E&C Health Subcommittee leaders Anna Eshoo (D-CA) and Brett Guthrie (R-KY), wrote a letter to the Department of Health and Human Services (HHS) Secretary Xavier Becerra. In the letter, the lawmakers urged Becerra to ensure that HHS conducts “vigorous oversight and enforces full compliance” with the Hospital Price Transparency Final Rule, which went into effect on January 1, 2021. The leaders reported concerns about “troubling reports of some hospitals either acting slowly to comply with the requirements of the final rule, or not taking any action to date to comply.” The rule, which was originally published in November 2019, requires hospitals to make public a “file containing a list of all the standard charges for all items and services, and to display charges for the hospital’s 300 most shoppable services in a consumer-friendly format.” The letter cites to a Health Affairs article, which found that 65 out the nation’s 100 largest hospitals were “unambiguously non-compliant” with the rule between January and February 2021. More information can be found here.
 
CDC and FDA Recommend Pause on Administration of Johnson & Johnson COVID-19 Vaccine
 
On April 12, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) issued a joint statement on Johnson & Johnson’s (J&J) COVID-19 vaccine. The agencies said that they are conducting research into six reported U.S. cases of a “rare and severe” type of blood clot in individuals who received the J&J vaccine. The type of blood clot associated with the six cases is called cerebral venous sinus thrombosis (CVST) and was seen in combination with low levels of blood platelets. On Wednesday, the CDC’s Advisory Committee on Immunization Practices (ACIP) met to discuss the agencies’ recommendation to pause use of the J&J vaccine. ACIP decided that it needs additional time to evaluate the data and asses the risks before it votes on a recommendation. The expert panel is expected to meet again within the next week and will likely vote on a recommendation then.
 
Biden Administration Announces Actions it is Taking to Combat High Rates of Maternal Mortality in the U.S.
 
During Black Maternal Health week, the Biden Administration announced several initiatives it has undertaken to address the black maternal health crisis in the U.S. The U.S. continues to have some of the highest rates of maternal mortality in the developed world, especially among black and Hispanic populations. The Administration reports that “Black women are roughly two to three times more likely to die from pregnancy complications than non-Hispanic white women.” The Administration noted several steps it has taken to help address this crisis, including devoting more funds to reducing maternal mortality, approving the first Medicaid Section 1115 Waiver to extend Medicaid coverage to women in the 12-month postpartum period and investing an additional $12 million for maternal obstetrics care in rural communities. 
 
Senate Finance Committee Holds Confirmation Hearings
 
This week, Chiquita Brooks-LaSure and Andrea Palm went before the Senate Finance Committee, where their nominations were considered. Brooks-LaSure was nominated to be the Administrator of the Centers for Medicare and Medicaid Services (CMS), and Andrea Palm was nominated to be Deputy Secretary of HHS. Brooks-LaSure was questioned on topics including telehealth flexibilities, dual-eligible care coordination, and Medicaid waiver flexibilities. Various Senators asked Brooks-LaSure about whether she would make telehealth flexibilities, that have been enacted throughout the pandemic, permanent once the public health emergency is over. Brooks-LaSure said that she wants to look into CMS’ authority for making the flexibilities permanent. Palm was frequently questioned about the migrant crisis at the border. A date has not yet been set by the Senate Finance Committee for a vote on their confirmations.
 
Congresswomen Reintroduce Bill that Mandates Paid Sick Leave
 
On Tuesday, Rosa DeLauro (D-CT), Chairwoman of the House Appropriations Committee, and Senator Patty Murray (D-WA), Chairwoman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, reintroduced the Healthy Families Act. The bill would allow workers at businesses with 15 or more employees to earn up to seven days of paid sick leave each year. Businesses that currently provide paid sick leave to their employees would not have to change their policies, “as long as they meet the minimum standards of the Healthy Families Act.” The bill was originally introduced in 2019 and did not pick up much steam, but the Congresswomen are noting that the pandemic has highlighted the need for employers to provide their employees with paid sick leave. Senator Murray said, “This pandemic has made clear what Congresswoman DeLauro and I have been saying for years—paid sick days are critical for the health and economic security of workers, their families, and our country. As we build back from this pandemic, we cannot settle for an economy that forces workers to choose between their health and their paycheck or pushes women out of the workforce because they have to stay home with a sick child.”

Biden Expected to Address a Joint Session of Congress
 
President Biden is slated to address a joint session of Congress on Wednesday, April 28. House Speaker Nancy Pelosi (D-CA) invited Biden in a letter that she sent him Tuesday evening. In the letter, Pelosi wrote “Nearly 100 days ago, when you took the oath of office, you pledged in a spirit of great hope that ‘Help Is on The Way.’ Now, because of your historic and transformative leadership, Help Is Here! In that spirit, I am writing to invite you to address a Joint Session of Congress on Wednesday, April 28, to share your vision for addressing the challenges and opportunities of this historic moment.” Stay tuned, as we will report on the address the week of April 26. 
SENATE HEARINGS AND EXECUTIVE SESSIONS
Senate Health, Education, Labor and Pensions Committee - Hearing
Full Committee Hearing: "COVID-19 Recovery: Supporting Workers and Modernizing the Workforce Through Quality Education, Training, and Employment Opportunities."
Tuesday, April 20 at 10:00 AM ET
                 
Senate Appropriations Committee - Hearing
Full Committee Hearing: The American Jobs Plan: Infrastructure, Climate Change, and Investing in Our Nation’s Future
Tuesday, April 20 at 10:30 AM ET

Senate Judiciary Committee - Hearing
Criminal Justice and Counterterrorism Subcommittee Hearing: "Behavioral Health and Policing: Interactions and Solutions."
Wednesday, April 21 at 10:00 AM ET
 
Senate Health, Education, Labor and Pensions Committee - Hearing
Full Committee Hearing: "Protecting U.S. Biomedical Research: Efforts to Prevent Undue Foreign Influence."
Thursday, April 22 at 10:00 AM ET
HOUSE HEARINGS AND EXECUTIVE SESSIONS
House Committee on Appropriations - Hearing
Subcommittee on Commerce, Justice, Science, and Related Agencies Hearing: Oversight of the Economic Development Administration's Role in Pandemic Response
Wednesday, April 21 at 10:00 AM ET
ADMINISTRATION ANNOUNCEMENTS
Centers for Medicare & Medicaid Services
 
Food and Drug Administration
 
Guidance Documents from the Centers for Disease Control and Prevention

National Institutes of Health
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