Health Care Checkup
September 16, 2022
THE BIG PICTURE
Talks on a deal to reauthorize U.S. Food and Drug Administration (FDA) user fee agreements, which are set to expire at the end of the fiscal year, are expected to continue into the weekend. Lawmakers indicated this week that they are aiming to get any agreement on user fee reauthorizations added to a continuing resolution (CR) that would fund the government past the September 30 deadline. It is unclear whether some, all, or none of the riders that were added to both the House and Senate Committee bills will make it into this agreement. We will continue to follow this as it unfolds.

On Tuesday, the U.S. Census Bureau released a report, which found that the uninsured rate dropped to 8.3% in 2021, as compared to 8.6% in 2020. The Census Bureau also found that private health insurance coverage remained more prevalent that public coverage in 2021, at 66.0% and 35.7%, respectively. Employer-sponsored coverage was the most common type of private insurance, covering more than half of the U.S. population. More can be found here.

On Wednesday, the House unanimously passed the Improving Seniors’ Timely Access to Care Act via a voice vote. This bill would establish new requirements for the prior authorization process under Medicare Advantage plans. In a bit of a surprise, the Congressional Budget Office (CBO) released a cost estimate of the legislation the same day indicating that H.R. 3173  would cost more than $16 billion over 10 years, much more than was anticipated.

In addition, the House Energy and Commerce Subcommittee on Health held a markup on Wednesday. The bills included in the markup contain measures to increase the compensation available under the Vaccine Injury Compensation Program, and to allow health centers to use grant funding to set up mobile medical clinics. The results of the markup can be found in the “deep dive” section below. 

On Thursday, the House Ways and Means Committee held a hearing on “Preparing America’s Health Care Infrastructure for the Climate Crisis.” MCRT’s summary of the hearing can be found here.

HHS released a new roadmap that outlines ways to better integrate behavioral health care into the larger health care system. These policy solutions include developing a diverse workforce to practice in integrated settings, realizing full financial parity, and investing in behavioral health prevention and recovery.

House Representatives Ami Bera (D-CA) and Larry Bucshon (R-IN) introduced the Supporting Medicare Providers Act of 2022, which would stop the 4.42% cuts in Medicare payments health providers will face on January 1, 2023. The cuts were included in the 2023 Physician Fee Schedule payment rule, which CMS released over the summer. Additional information can be found here.

President Joe Biden announced new steps his administration will take in the fight against cancer. He signed an Executive Order (EO) to promote American developed and manufactured biotechnologies. The White House’s fact sheet on these initiatives can be found here.
What to Expect Next Week: The Senate Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies will hold a hearing titled, “VA’s Electronic Health Record Modernization: An Update on Rollout, Cost, and Schedule.” Additionally, the House Select Subcommittee on the Coronavirus Crisis will convene to hold a hearing on “Examining Long-Term Care in America: The Impact of the Coronavirus in Nursing Homes.”
DEEP DIVE
FDA User Fee Negotiations Continue as the September 30 Deadline Looms
Talks on a deal to reauthorize U.S. Food and Drug Administration (FDA) user fee agreements are expected to continue into the weekend. Lawmakers indicated this week that they are aiming to get the user fee reauthorization deal added to a continuing resolution (CR) that would fund the government past the September 30 deadline. Negotiations between leaders of the House Energy and Commerce Committee and Senate Health, Education, Labor, and Pensions (HELP) Committee have been complicated and contentious for several reasons. The House Committee passed legislation that included a set of riders that were different than those included in the Senate HELP bill. Senate HELP Ranking Member Richard Burr (R-NC) voted against the product that passed HELP, and later introduced his own “clean” user fee reauthorization legislation that included no riders. With time ticking and the underlying CR also the subject of its own tense negotiations, it is unclear which, if any, riders might be included in any user fee agreement added to the CR.

Health Uninsured Rate Down to 8.3% in 2021
On Tuesday, the U.S. Census Bureau released a report, which found that the uninsured rate dropped to 8.3% in 2021, as compared to 8.6% in 2020. The Census Bureau also found that private health insurance coverage remained more prevalent that public coverage in 2021, at 66.0% and 35.7%, respectively. Employer-sponsored coverage was the most common type of private insurance, covering more than half of the U.S. population. More can be found here.
 
House Representatives Bera and Bucshon Introduce Legislation that Would Push Back on 2023 Medicare Physician Fee Cuts
House Representatives Ami Bera (D-CA) and Larry Bucshon (R-IN) introduced the Supporting Medicare Providers Act of 2022, which would stop the 4.42% cuts in Medicare payments health providers will face on January 1, 2023. The cuts were included in the 2023 Physician Fee Schedule payment rule, which CMS released over the summer. Representative Bera said that, “It’s time Congress reforms Medicare provider payments to ensure that we have a stable Medicare payment system so that we can move towards value, not volume.” Additional information can be found here.
 
House Energy and Commerce Subcommittee on Health Holds Markup
On Wednesday, the House Energy and Commerce Subcommittee on Health held a markup on five health bills. These bills include measures to increase the compensation available under the Vaccine Injury Compensation Program, and to allow health centers to use grant funding to set up mobile medical clinics. Another bill that was included in the markup, the Improving Seniors’ Timely Access to Care Act, was unanimously passed by the full House Chamber on Wednesday. This bill would establish new requirements for the prior authorization process under Medicare Advantage plans. In a bit of a surprise, the Congressional Budget Office (CBO) released a cost estimate of the legislation the same day indicating that H.R. 3173  would cost more than $16 billion over 10 years, much more than was anticipated.
The results of the Subcommittee’s markup are below:
  1. The Improving Seniors’ Timely Access to Care Act of 2021 (H.R. 3173) (Passed by Voice Vote)
  2. The Vaccine Injury Compensation Modernization Act of 2021 (H.R. 3655) (Passed by Voice Vote)
  3. The Maximizing Outcomes through Better Investments in Lifesaving Equipment for (MOBILE) Health Care Act (H.R. 5141) (29 Y- 0 N)
  4. The Improving Trauma Systems and Emergency Care Act (H.R. 8163) (Passed by Voice Vote)
  5. The Flint Registry Reauthorization Act (H.R. 6737) (16 Y-12 N)

President Biden Announces New Cancer Moonshot Initiatives
On Monday, President Joe Biden announced new steps his administration will take in the fight against cancer. He signed an Executive Order (EO) to promote American developed and manufactured biotechnologies. The EO will also expand the National Institutes of Health’s (NIH) Cancer Research Data Ecosystem, a national database that “encourages data sharing to support cancer care for individual patients and enables discovery of new treatments.” Biden also announced that appointment of Dr. Renee Wegrzyn as the inaugural director of the Advanced Research Projects Agency for Health (ARPA-H). ARPA-H will be modeled after the Defense Advanced Research Projects Agency (DARPA) and will aim to improve the U.S. government’s ability to speed biomedical and health research to fight against cancer and other diseases. The White House’s fact sheet on these initiatives can be found here.
 
Oregon to Launch First Medicaid Mobile Crisis Intervention Services
On Monday, the Centers for Medicare and Medicaid Services (CMS) announced that it approved the first mobile intervention program for those experiencing mental health and/or substance use crises. The new Medicaid state plan amendment will allow for these individuals to receive stabilization services through a behavioral health specialist. This new Medicaid option became available for states in April 2022 and CMS urges states to apply for approval. CMS hopes that by mobilizing mental health and substance use professionals to respond to individuals experiencing mental health and/or substance use crises, there will be less burden on law enforcement. Additional information can be found here.
 
HHS Announces New Actions in Support of President Biden’s Executive Order on a National Biotechnology and Biomanufacturing Initiative
The Department of Health and Human Services (HHS) will take action on an Executive Order that President Joe Biden signed on a National Biotechnology and Biomanufacturing Initiative (NBBI). According to HHS, the NBBI will “drive research and development, improve access to quality federal data, grow domestic manufacturing capacity, expand market opportunities for biobased products, train a diverse and skilled workforce, streamline regulatory processes for products of biotechnology, advance biosafety and biosecurity to reduce risk, protect the U.S. biotechnology ecosystem, and build a thriving and secure global bioeconomy with partners and allies.” HHS will collaborate with other agencies to facilitate these advancements. More on the NBBI can be found here.
 
HHS Releases Roadmap to Better Integrate Mental Health and Substance Use Care into the Health Care System
HHS released a new roadmap that outlines ways to better integrate behavioral health care into the larger health care system. These policy solutions include developing a diverse workforce to practice in integrated settings, realizing full financial parity, and investing in behavioral health prevention and recovery.
SENATE HEARINGS AND EXECUTIVE SESSIONS
Senate Appropriations Committee - Hearing
Subcommittee on Military Construction, Veterans Affairs, and Related Agencies: VA’s Electronic Health Record Modernization: An Update on Rollout, Cost, and Schedule
Wednesday, September 21 at 10:00 AM ET
HOUSE HEARINGS AND EXECUTIVE SESSIONS
House Committee on Education and Labor - Hearing
Subcommittee on Health, Employment, Labor, and Pensions Hearing: Examining the Administration of the Unemployment Insurance System
Wednesday, September 21 at 10:15 AM ET

House Select Subcommittee on the Coronavirus Crisis - Hearing
Select Subcommittee on the Coronavirus Crisis Hearing: "Examining Long-Term Care in America: The Impact of the Coronavirus in Nursing Homes"
Wednesday, September 21 at 2:00 PM 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
QUICK LINKS
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