Congress returns just in time to consider a bipartisan agreement to keep the government funded through December. On the other side of Pennsylvania Avenue, Ukrainian President Volodymyr Zelenskyy is coming to meet with President Biden and Vice President Harris about the state of the war against Russia. Let’s see what this consequential week holds. Welcome to the Week Ahead!
The Administration
Yet Another Obamacare Challenge
The Department of Health and Human Services (HHS) has requested the Supreme Court review a court decision that partially blocked enforcement of the Affordable Care Act (ACA) mandate for employers to cover certain preventive health services at no-cost. At issue in this challenge is the ruling by the 5th Circuit Court of Appeals that members of the U.S. Preventative Services Task Force (USPSTF)were not properly appointed under the U.S. Constitution’s appointments clause (governing the appointment of Executive Branch officials). The ACA requires that private insurers cover at no cost services that the USPSTF has rated either “A” or “B” (meaning the panel finds that the services have a substantial or moderate net health benefit.)
Will the Supreme Court take up this challenge, and if they do, how will the new Administration respond? We will also be watching to see to what extent fights about the ACA impact the election, especially with Republican Vice Presidential candidate J.D. Vance’s recent reopening the issue on the campaign trail.
FTC Sues PBMs
In other health care legal news, the Federal Trade Commission (FTC) announced legal action against the three largest pharmacy benefits managers (PBMs), arguing that these entities have engaged in anticompetitive practices designed to increase profits from insulin.
The Biden Administration has made addressing concerns about anti-competitive economic practices a top priority, and the FTC has been a leader in those efforts. The agency has faced both internal and external criticism for being too political, but Lina Khan, the agency’s chair, has won bipartisan praise from at least one Republican – J.D. Vance. This means regardless of who wins the White House in November, Chair Khan will have at least the potential for an ally in either Administration.
The Senate
Rare Pediatric Disease Priority Review Voucher Program Gets HELP Vote
The Senate Health Education, Labor, and Pensions Committee will hold a markup on September 26. This markup includes health care legislation such as S. 4583, which would reauthorize the Rare Pediatric Disease Priority Review Voucher Program through September 30, 2024. A similar version of this bill passed out of the House Energy and Commerce Committee in May and both bills have bipartisan support.
Legislation to reauthorize the Rare Pediatric Disease Priority Review Voucher Program has garnered bipartisan support in both chambers. However, it has also faced criticism based on concerns that not enough oversight is being done to ensure it is meeting its goal of incentivizing the development of rare pediatric disease treatments. We will be watching to see what the Senate HELP Committee will do in regards to legislation to reauthorize this program.
Health Care Hearings
- September 24: Senate Health, Education, Labor and Pensions Committee hearing on Novo Nordisk’s pricing of diabetes and obesity medication
- September 24: Senate Finance Committee hearing on women’s reproductive health care
- September 25: Senate Homeland Security and Governmental Affairs Committee business meeting, including re: S.4667, the Risk Research Review Act
- September 26: Senate Environment and Public Works Superfund, Waste Management, and Regulatory Oversight Subcommittee hearing on the public health impacts of PFAS exposure
- September 26: Senate Health, Education, Labor, and Pensions Committee executive session to consider legislation
The House
More Health Care Bills on the Docket
Just like last week, the House has several health care bills on its schedule for floor action the week of September 23. This list of bills includes legislation related to pediatric drug development (H.R. 3433) and Medicaid coverage for U.S. service members (H.R. 8108) that just passed out of Energy and Commerce on September 18.
Notably absent from the list: Legislation to extend COVID-era telehealth flexibilities, such as the Telehealth Modernization Act (H.R.7623), which also passed out of the Energy and Commerce Committee on September 18. As a reminder, those flexibilities are set to expire at the end of the year. We will be watching for action on this when Congress returns in November.
Healthcare Hearings
- September 25: House Veterans’ Affairs Committee hearing on supporting the Veteran caregiver community
- September 26: House Oversight and Accountability Health Care and Financial Services Subcommittee hearing on recent Biden Administration action related to Medicare Part D
There You Have It
Election season is in full swing, with early voting already underway in three states! Are you registered to vote? If not, get registered here. Make it a great week!
