Washington Healthcare Update - August 2024 #2

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This Week in Washington: Congress remains in recess.

Status of Key Health Issues in Congress

  • Telehealth Extension
  • PBM Reform
  • Insulin $35 Cap
  • Drug Patent Reform
  • BIOSECURE Act
  • Medicaid
  • Transparency
  • Site-Neutral Payments
  • Restore Medicare Physician-Fee Schedule Cuts
  • 340B

Note

  • Newsletter Update

What’s Up Next for Congress

Congress will need to address appropriations for the next fiscal year. The administration is expected to send a list of “exceptions” which are programs expected to run out of money shortly. Congress returns on Sept. 9.

As Congress left for the August recess, the House and Senate left unfinished many issues that both Democrats and Republicans had said they wanted to accomplish in this Congress. With the failure to be farther along in the appropriations process, attention will need to focus on developing and passing a Continuing Resolution to fund the government, when Congress returns after Labor Day. The chart below provides the status of the key health care issues and legislation that Congress has developed.

Status of Key Health Issues In Congress

 

Policy Issue

House of Representatives

Senate

Telehealth Extension

House Energy and Commerce Committee:

H.R. 7858, Telehealth Enhancement for Mental Health Act of 2024

– Reported out on 05/16/24

House Ways and Means Committee:

H.R. 8261, Preserving Telehealth, Hospital and Ambulance Access Act

– Reported out on 05/08/24

H.R. 1843, Telehealth Expansion Act of 2023

– Reported out on 06/13/23

Senate HELP Committee:

S. 644, Modernizing Opioid Treatment Access Act

– Reported out on 02/01/24

 

 

PBM Reform

House Energy and Commerce Committee:

H.R. 2880, Protecting Patients Against PBM Abuses Act

– Reported out on 12/06/23

H.R. 3561, PATIENT Act of 2023

– Reported out on 05/24/23

H.R. 5393, To amend title XVIII of the Social Security Act to ensure fair assessment of pharmacy
performance and quality under Medicare Part D and for other purposes

– Reported out on 12/06/23

H.R. 5385, Medicare PBM Accountability Act

– Reported out on 12/06/23

H.R. 5378, Lower Costs, More Transparency Act

– Passed the House on suspension calendar on 12/11/23

Senate Finance Committee:

S. 2973, Modernizing and Ensuring PBM Accountability Act

– Reported out on 12/07/23

Senate Commerce, Science and Transportation Committee:

S. 127, Pharmacy Benefit Manager Transparency Act of 2023

– Reported out on 12/13/23

Senate HELP Committee:

S. 1339, Pharmacy Benefit Manager Reform Act

– Reported out on 05/11/23

Senate Judiciary Committee:

S. 113, Prescription Pricing for the People Act of 2023

– Reported out on 03/01/23

Insulin $35 Cap

 

 

Senate HELP Committee:

S. 146, Cap Insulin Prices Act

– Referred to committee on
01/30/23

S. 727, Insulin for All
Act of 2023

– Referred to committee on 03/09/23

S. 1269, Improving
Needed Safeguards for Users of Lifesaving Insulin Now Act of 2023

– Referred to committee on
04/25/23

S. 954, Affordable Insulin Now Act of 2023

– Referred to committee on
03/23/23

Drug Patent Reform

 

Senate Judiciary Committee:

S. 79, Interagency Patent Coordination and Improvement Act of 2023

– Reported out on 03/01/23

S. 142, Preserve Access to Affordable Generics and Biosimilars Act

– Reported out on 02/09/23

S. 148, Stop STALLING Act

– Reported out on 02/09/23

S. 150, Affordable Prescriptions for Patients Act of 2023

– Reported out on 02/09/23

– Passed the Senate on 07/11/24

BIOSECURE Act

House Committee on Oversight and Accountability:

H.R. 7085, BIOSECURE Act

– Referred to committee on 01/25/24

H.R. 8333, BIOSECURE Act

– Reported out on 05/15/24

 

Senate Homeland Security and Governmental Affairs Committee:

S. 3558, Prohibiting Foreign Access to American Genetic Information Act of 2024

– Reported out on 03/06/2024

Medicaid

House Energy and Commerce Committee:

H.R. 8112, To amend title XIX of the Social Security Act to further require certain additional
provider screening under the Medicaid program

– Reported out on 06/12/24

H.R. 8111, Medicaid Program Improvement Act

– Reported out on 06/12/24

H.R. 8089, Medicare and Medicaid Fraud Prevention Act of 2024

Reported out on 06/12/24

H.R. 4758, Accelerating Kids’ Access to Care Act

– Reported out on 06/12/24

H.R. 3836, Medicaid Primary Care Improvement Act

– Reported out on 09/01/23

– Passed the House on 03/05/24

H.R. 2666, Medicaid VBPs for Patients Act

– Reported out on 05/24/23

H.R. 485, Protecting Health Care for All Patients Act of 2023

– Reported out on 03/24/23

– Passed the House on 02/07/24

H.R. 4531, Support for Patients and Communities Reauthorization Act

– Reported out on 07/19/23

– Passed the House on
12/12/23

House Energy and Commerce Committee Subcommittee on Health:

H.R. 7573, Stop Unfair Medicaid Recoveries Act

– No action yet

Senate Finance Committee:

S. 3430, Better Mental Health, Lower-Cost Drugs and Extenders Act of 2023

– Reported out on 12/07/23

Transparency

House Ways and Means Committee:

H.R. 4822, Health Care Price Transparency Act of 2023

– Reported out on 09/29/23

H.R. 8816, American Medical Innovation and Investment Act of 2024

– Reported out on 06/27/24

House Energy and Commerce Committee:

H.R. 3290, To amend title III of the Public Health Service Act to ensure transparency and
oversight of the 340B drug discount program

– Reported out on 05/24/23

H.R. 5378, Lower Costs, More Transparency Act

– Passed the House on suspension calendar on 12/11/23

H.R. 3561, PATIENT Act of 2023

– Reported out on 05/24/23

H.R. 5393, To amend title XVIII of the Social Security Act to ensure fair
assessment of pharmacy performance and quality under Medicare part D, and for
other purposes

– Reported out on 12/06/23

Senate HELP Committee:

S. 2840, Bipartisan Primary Care and Health Workforce Act

– Reported out on 11/08/23

Site-Neutral Payments

House Energy and Commerce Committee:

H.R. 3561, PATIENT Act of 2023

– Reported out on 05/24/23

H.R. 5378, Lower Costs, More Transparency Act

– Passed the House on suspension calendar on 12/11/23

House Ways and Means Committee:

H.R. 4822, Health Care Price Transparency Act of 2023

– Reported out on 09/29/23

 

Restore Medicare Physician-Fee Schedule Cuts

 

Senate Finance Committee:

04/11/24: Committee held hearing concerning Medicare PFS Cuts

05/17/24: Committee released a white paper on physician payment reform

340B

House Energy and Commerce Committee:

H.R. 3290, To amend title III of the Public Health Service Act to ensure transparency and oversight of the 340B drug discount program.

– Reported out on 05/24/23

H.R. 8574, 340B Affording Care for Communities and Ensuring a Strong Safety-net Act

– Referred to committee on 05/28/24

House Energy and Commerce Committee Subcommittee on Health:

H.R. 7635, The 340B PATIENTS Act of 2024

– Referred to subcommittee on 03/15/24

Senate HELP Committee:

S. 1133, 340B Accountability Act of 2023

– Referred to committee on 03/30/23

S. 1182, 340B Reporting and Accountability Act

– Referred to committee on 04/18/23

Note

The next Washington Healthcare Update will be published on September 16.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© McGuireWoods Consulting

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