Some milestones this week in the COVID-19 saga, some major Biden Administration personnel changes coming, and bipartisan Congressional interest in protecting patients’ access to care. Finally, a postponed Senate Health, Education, Labor, and Pensions Committee Executive Session on PBMs and prescription drugs will reconvene next week. 

The Biden Administration announced that it will terminate COVID-19 vaccine requirements for Federal employees, Federal contractors, and international air travelers at the end of the day on May 11, the day the COVID-19 public health emergency (PHE) is scheduled to end. Further, the Department of Health and Human Services (HHS) said that it will end COVID-19 vaccine requirements for Head Start educators, and CMS-certified health care facilities. The White House’s press release can be found here.

Also this week, the World Health Organization (WHO) announced that “COVID-19 is now an established and ongoing health issue which no longer constitutes a public health emergency of international concern (PHEIC).” The WHO Director-General made the declaration based on advice from the International Health Regulations Emergency Committee.

On Friday, the Centers for Disease Control and Prevention (CDC) Director Dr. Rochelle Walensky will step down from her role, effective June 30. Walensky has led the CDC since January 2021. In a letter to President Joe Biden, Walensky said, “The end of the COVID-19 public health emergency marks a tremendous transition for our country, for public health, and [her] tenure as CDC Director.” President Biden’s statement on Walensky’s departure can be found here.

It was also announced on Friday that Neera Tanden will become the White House Domestic Policy Adviser when Susan Rice leaves the role at the end of May. Biden stated that he is “pleased to announce that Neera Tanden will continue to drive the formulation and implementation of [his] domestic policy, from economic mobility and racial equity to health care, immigration and education.”

The Senate Finance Committee held a hearing this week titled, “Barriers to Mental Health Care: Improving Provider Directory Accuracy to Reduce the Prevalence of Ghost Networks.” The hearing delved into “ghost networks,” which Chair Ron Wyden (D-OR) described as “provider directories maintained by insurance companies that are often inaccurate and unusable by American families who need mental health care.” Mehlman Consulting’s summary of the hearing can be found here.

A bipartisan group of House Representatives—Don Bacon (R-NE), Sanford Bishop (D-GA), Josh Gottheimer (D-NJ), Marie Gluesenkamp-Perez (D-WA), Jen Kiggans (R-VA), Gabe Vasquez (D-NM), Brittany Pettersen (D-CO) and Mikie Sherrill (D-NJ)—sent a letter to President Joe Biden, urging his Administration to preserve telehealth flexibilities related to the COVID-19 PHE. In December, Congress passed the Consolidated Appropriations Act of 2023 (CAA), which extended many telehealth flexibilities through December 31, 2024. However, the group is asking the Administration to protect measures that were not included in the CAA. The full letter can be found here.

The U.S. Department of Health and Human Services (HHS) announced that it will launch an investigation into two hospitals that violated the Emergency Medical Treatment and Labor Act (EMTALA). According to the agency, two hospitals did not provide necessary emergency medical care to a woman “not because of the clinical judgment of her providers, but because the hospital policies would not allow an abortion to be performed.” The agency vowed that CMS will ensure hospitals come into compliance with EMTALA, and will take further actions when needed. Additional information can be found here.

A new report published by the Robert Wood Johnson Foundation found that the No Surprises Act (NSA) “appears to be protecting patients from the most pervasive forms of balance billing and getting consumers ‘out of the middle’ of payment disputes between providers and payors.” The NSA was enacted in December 2020 and aims to protect consumers from costly surprise medical bills from out-of-network providers and facilities in the “emergency, air ambulance, and in-network hospital settings.” The full report can be found here. 

The Biden Administration announced that it will terminate COVID-19 vaccine requirements for Federal employees, Federal contractors, and international air travelers at the end of the day on May 11, the day the COVID-19 PHE ends. Further, HHS said that it will end COVID-19 vaccine requirements for Head Start educators, and CMS-certified health care facilities. The White House’s press release can be found here.

Also this week, the World Health Organization (WHO) announced that “COVID-19 is now an established and ongoing health issue which no longer constitutes a public health emergency of international concern (PHEIC).” The WHO Director-General made the declaration based on advice from the International Health Regulations Emergency Committee.

The Centers for Disease Control and Prevention (CDC) Director Dr. Rochelle Walensky will step down from her role, effective June 30. Walensky has led the CDC since January 2021. In a letter to President Joe Biden, Walensky said, “The end of the COVID-19 public health emergency marks a tremendous transition for our country, for public health, and [her] tenure as CDC Director.” President Biden’s statement on Walensky’s departure can be found here.

A bipartisan group of House Representatives—Don Bacon (R-NE), Sanford Bishop (D-GA), Josh Gottheimer (D-NJ), Marie Gluesenkamp-Perez (D-WA), Jen Kiggans (R-VA), Gabe Vasquez (D-NM), Brittany Pettersen (D-CO) and Mikie Sherrill (D-NJ)—sent a letter to President Joe Biden, urging his Administration to preserve telehealth flexibilities related to the COVID-19 Public Health Emergency (PHE). In December, Congress passed the Consolidated Appropriations Act of 2023 (CAA), which extended many telehealth flexibilities through December 31, 2024. However, the group is asking the Administration to protect measures that were not included in the CAA. These include: allowing practitioners to work from home while conducting telehealth appointments, but listing their enrolled practicing location as the billing address; allowing prescriptions to be delivered by DEA-registered practitioners; allowing out-of-state providers to practice telehealth across state lines; continuing to allow health care trainees be supervised in academic medical settings remotely; allowing insurance companies to modify their policies twice in one year if the action expands telehealth coverage or increases telehealth usage; designating telehealth as an excepted benefit for individuals; and making the Medicare billing codes that are slated to expire at the end of 2023 permanent. The full letter can be found here.

The Senate Finance Committee held a hearing this week titled, “Barriers to Mental Health Care: Improving Provider Directory Accuracy to Reduce the Prevalence of Ghost Networks.” The hearing delved into “ghost networks,” which Chair Ron Wyden (D-OR) described as “provider directories maintained by insurance companies that are often inaccurate and unusable by American families who need mental health care.” Wyden’s staff conducted a “secret shopper” study to gather insight into the issue. His staff made “over 100 phone calls to make an appointment with a mental health care provider for a family member with depression across 12 Medicare Advantage insurance plans in six states.” Wyden said that his staff were “only able to get an appointment 18 percent of the time.” The Chair asserted that “insurance companies should face strict consequences if their products don’t live up to the billing.” More on the hearing can be found here, the secret shopper report can be found here, and Mehlman Consulting’s summary can be found here.

The U.S. Department of Health and Human Services (HHS) announced that it will launch an investigation into two hospitals that violated the Emergency Medical Treatment and Labor Act (EMTALA). According to the agency, two hospitals did not provide necessary emergency medical care to a woman “not because of the clinical judgment of her providers, but because the hospital policies would not allow an abortion to be performed.” HHS Secretary Xavier Becerra stated that he sent a letter to hospital and provider associations across the U.S., reminding them of their legal duty to offer necessary stabilizing medical care to patients. The agency vowed that CMS will ensure hospitals come into compliance with EMTALA, and will take additional actions when needed. Additional information can be found here.

A new report published by the Robert Wood Johnson Foundation found that the No Surprises Act (NSA) “appears to be protecting patients from the most pervasive forms of balance billing and getting consumers ‘out of the middle’ of payment disputes between providers and payors.” The NSA was enacted in December 2020 and aims to protect consumers from costly surprise medical bills from out-of-network providers and facilities in the “emergency, air ambulance, and in-network hospital settings.” To evaluate how well the law is working, researchers conducted 32 structured interviews with federal and state regulators and other relevant stakeholders. Despite challenges related to the continued ongoing litigation surrounding the independent dispute resolution (IDR) process, researchers found that “providers, hospitals, and payors have taken critical steps to adjust operational processes to mitigate the risk of consumers receiving balance bills for services covered by the NSA.” The full report can be found here. 

House Committee on Veterans' Affairs - Hearing

Subcommittee on Technology Modernization

“Electronic Health Record Modernization Deep Dive: Pharmacy” (Rescheduled)

Tuesday, May 9 at 3:00 PM ET

Senate Committee on Health, Education, Labor, and Pensions – Hearing

“The Need to Make Insulin Affordable for All Americans”

Wednesday, May 10 at 1:00 PM ET

House Committee on Ways and Means - Hearing

Subcommittee on Health

“Examining Policies that Inhibit Innovation and Patient Access”

Wednesday, May 10 at 2:00 PM ET

House Committee on Energy and Commerce - Hearing

Subcommittee on Oversight and Investigations

“Examining the Root Causes of Drug Shortages: Challenges in Pharmaceutical Drug Supply Chains”

Thursday, May 11 at 10:30 AM ET

House Committee on Energy and Commerce - Hearing

Subcommittee on Health

“Preparing for and Responding to Future Public Health Security Threats”

Thursday, May 11 at 10:00 AM ET

Senate Committee on Health, Education, Labor, and Pensions – Executive Session

S. 1067, S. 1114, S. 1214, and S. 1339

Thursday, May 11 at 10:00 AM ET

Senate Finance Committee – Hearing

“Cross-border Rx: Pharmaceutical Manufacturers and U.S. International Tax Policy”

Thursday, May 11 at 10:00 AM ET

House Committee on Oversight and Accountability - Hearing

Subcommittee on Health Care and Financial Services

“FDA Oversight Part II: Responsibility for the Infant Formula Shortage”

Thursday, May 11 at 2:00 PM ET

Senate Committee on Health, Education, Labor, and Pensions – Field Hearing

Roundtable: “How Can We Improve Health Workforce Diversity and Address Shortages? A Conversation with Historically Black College and University Leaders and Students”

Friday, May 12 at 10:00 AM ET