Insights

Resetting the Race 

The last couple of weeks have been chaotic to say the least with the attempted assassination of former President Trump and President Biden announcing he will not run for reelection.  All this comes as Congress prepares to hear from Israeli Prime Minister Benjamin Netanyahu and start the mad dash to August recess. So, let’s get into it. Welcome to the Week Ahead! 

The Administration  

President Biden became the first President since LBJ to announce on July 21st, that he would not seek a second term as President of the United States. This raises a whole host of questions. Here is what we know and what we don’t yet know about this historic decision. 

What we know:  

  • President Biden has endorsed Vice-President Harris to be the Democratic nominee for President  
  • Prominent Democrats, including the Clintons, Rep. Jim Clyburn, the campaign arm of the Congressional Black Caucus (CBC) and Congressional Progressive Caucus Chair, Rep. Jayapal (D-WA), have also endorsed Harris  
  • At this point, the Democratic National Committee is planning on moving ahead with the plan to formally nominate their candidate by virtual roll call in the first week of August  

What we don’t know yet:  

  • What will the Democratic National Convention look like? Open Convention? Brokered convention?  
  • Will anyone challenge Harris?  
  • Who will be the Democratic Vice-Presidential nominee?  

President Biden not seeking a second term also raises questions about what the rest of his term will look like. The President is determined to serve through the end of his term, but prominent Republicans are already calling for President Biden to resign effective immediately. We’ve heard rumors that efforts to get President Biden’s cabinet to invoke the 25th Amendment may see a new lease on life following Biden’s announcement. 

President Biden’s remaining months in office may be spent trying to cement his legacy. Something that could make that more challenging is the recent repeal of Chevron Deference Doctrine by the Supreme Court, which ended the long-held practice of giving deference to federal agencies when the laws they are tasked with implementing are not clear. How the Biden Administration navigates in this new post-Chevron era will impact the likelihood that notable health care rules, including a nursing home staffing mandate and one that would regulate lab-developed tests as medical devices, survive legal challenges.  

The Senate  

Waiting on Appropriations 

The big question in the Senate: what is the timeline for marking up the remaining appropriations bills? On July 11, the committee approved the :Legislative Branch, Ag-FDA, and the Military Construction-VA bills unanimously. On July 25, the Committee is scheduled to markup the Commerce-Justice-Science, State and Foreign Operations, and Transportation-House and Urban Development bills.  

What about the rest? If the Appropriations Committee advances the three bills they are scheduled to markup on July 25, that still leaves 6 remaining appropriations bills, including the one for Labor-HHS. Will the Senate Appropriations Committee continue its record of bipartisanship, or will it get caught up by partisan disagreements or political gamesmanship?  

Senate Health Care Hearings This Week  

  • July 24: Senate Homeland Security and Governmental Affairs Committee hearing to consider S. 4667, the Risky Research Review Act, S. 4697, the Healthcare Cybersecurity Act of 2024, and H.R. 3254, the First Responder Access to Innovative Technologies Act 
  • July 25: Senate HELP Committee hearing to authorize an investigation into the bankruptcy of Steward Health and subpoena Chairman and CEO Dr. Ralph de la Torre 

The House  

Health Care Week on Hold? 

Recent talk about a “Health Care Week” in the House where several health care bills would be considered may be put on hold because of the attempted assassination of former President Trump. Conversations we are having on the Hill seem to suggest that the assassination attempt has sucked the oxygen out of the room needed to talk about anything else. It seems likely that any remaining oxygen left this week will focus on the news of Biden’s dropping out of the race and what the new Democratic ticket will look like.  

So what? There are only two legislative weeks left before August recess. After that, election season will be in full swing, and before you know it, we are eating turkey and singing Christmas carols. The time is especially short for House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) who is a champion of many of the bills that might be considered during a “Health Week” and one of the members who is retiring from Congress.  

Appropriations Woes 

The House also must fit appropriations into the already tight schedule, and the recent failure of the House to pass its appropriations bill for the Legislative Branch (usually a light lift) signals there may be trouble ahead. Given these difficulties, it seems likely that the House will need to consider a short-term continuing resolution to keep the government funded from October through the election. That doesn’t mean House leadership is giving up on passing appropriations legislation. On July 22, the House Rules Committee is scheduled to meet to consider four appropriations bills (Financial Services and General Government, Interior and the Environment, Energy and Water, and Agriculture and FDA.  

One more thing: Even if any of the House appropriations bills are DOA in the Democratic Senate, these bills still serve as important markers for what members care about.  

House Health Care Hearings  

  • July 22: House VA Subcommittee on Technology Modernization hearing on Assessing Electronic Health Records Modernization  
  • July 23: House Oversight Committee hearing on PBMs 
  • July 23: House Energy and Commerce Health Subcommittee hearing on the CDC 
  • July 24: House Natural Resources Subcommittee on Indian and Insular Affairs Legislative hearing, including legislation related to IHS  

There You Have It 

Did you watch the RNC? If you did, you may have gotten a free Kid Rock performance. That was just one thing that made the final night unique, even though Kid Rock has been a mainstay of previous Republican Conventions. Now we look ahead to the DNC which is set to be interesting for a whole different set of reasons. Make it a great week!  

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How does the Chevron Decision affect health care policy?

On June 28th, the Supreme Court ruled to overturn the “Chevron” deference doctrine (in Loper Bright Enterprises v. Raimondo). The 1984 Chevron defense directs the nation’s courts to defer to a government agency’s interpretation of statute under circumstances where the law was vaguely written. The June 28th ruling shifts the deference away from the executive branch to the judicial branch when congressional intent is implicit. 

Analysts and legal scholars agree that this will have dramatic consequences for health care, calling into question government rules on everything from nursing home care to clinical lab regulation to coverage mandates under the Affordable Care Act (ACA).  

Why will this shift affect so many aspects of health care? First, federal laws are often written vaguely to provide agencies flexibility to implement the changes as needed. That vagueness allows technical and scientific experts to make real-world policy decisions on how to implement what Congress passes. So, 50+ years of healthcare policy in action is now open to challenge, re-writing, and nullification.  

Second, the ruling will unleash a torrent of litigation. One friend of the court brief filed by the American Cancer Society and other organizations stated that this ruling would open a “litigation tsunami” on even long-settled healthcare policy. This could leave regulation with even more holes depending on rulings in different local, state, and federal courts – causing providers, insurers, and other healthcare players to struggle with compliance. 

Third, the ruling could lead to more uncertainty and less stability for players in the healthcare system. For example, even simple things like the government deciding what to pay hospitals or physicians could be subject to long legal battles that could disrupt payments and patient care.  

Lastly, this could significantly delay any enactment of new policies by the agencies and Congress. For example, scholars are pointing out that the FDA is extremely risk adverse and this ruling could significantly delay the release of new drugs and treatments. Congressional experts are also warning that this could slow the Congressional draft/legislating process even more as Congress would have to take more time drafting their legislative language to avoid future legal challenges. This could also pose a significant threat to those issues that need faster rulings – like supplemental appropriations (e.g., funding for things like the war in Ukraine) or regulations surrounding use of Artificial Intelligence (AI).   

We will continue to watch as things unfold, but it is extremely likely that new lawsuits will be filed to stop the nursing home staffing rule, the LDT lab rule, and price negotiations for Medicare drugs.  

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Week Ahead: The Fireworks Aren’t Done Yet

The fireworks are just starting in Washington, DC even if Independence Day celebration is over. Democratic offices on the Hill are still working out the best way to handle President Biden’s debate performance, his subsequent interview with ABC, and questions about his fitness for office. Additionally, there is a new framework on how to implement federal regulations with the repeal of the Chevron Deference doctrine. So don’t put away those lawn chairs and blankets just yet. Welcome to the Week Ahead!

The Administration

We are eagerly waiting for the release of the CY 2025 proposed rules for the Physician Fee Schedule and the Outpatient Prospective Payment System. While we expected them last week, don’t worry the rules aren’t late – they dropped mid-July last year.

The Centers for Medicare and Medicaid Services (CMS) did drop the CY 2025 Home Health Proposed Rule and the CY 2025 End Stage Renal Disease (ESRD) Proposed Rule on June 26 and June 27, respectively. The proposed home health rule included an overall rate reduction of -1.7%. The proposed ESRD rule increases the base rate to $273.20.

Don’t forget – the FY 2025 final rules for inpatient hospitals, skilled nursing facilities, and inpatient rehabilitation facilities are coming out soon.  They are under review at OMB right now.

But what about Chevron? The repeal of the Chevron Deference Doctrine by the Supreme Court on June 28 ends the long-held practice of giving deference to federal agencies when the laws they are tasked with implementing are not clear. This decision could complicate finalizing all sorts of rules, including health care provider payment rules. The Administration condemned the decision as one that will “block common-sense rules that keep us safe, protect our health and environment, safeguard our financial system, and support American consumers and workers.” Leading Democratic members of Congress, including Senate Majority Leader Schumer and House Judiciary Committee Ranking Member Nadler, have also criticized the decision.

The Senate

Nursing Home Staffing Rule Rebuke Possible

Speaking of rules, we are hearing rumors from within the Senate Democratic caucus that a Congressional Review Act vote may occur on the Biden Administration’s rule that would create a nursing home staffing mandate. This rule has come under fire from nursing homes and hospitals, and drawn bipartisan criticism on the Hill, especially in rural districts.

Although many Democratic senators are expected to vote against repealing the mandate, Democratic leadership may be looking to give a pass to vulnerable senators who face tough re-election campaigns in November. We expect the measure to pass in the Senate to pass this measure and to eventually make its way to President Biden’s desk where we expect he will veto the bill. We don’t see a scenario in which there is enough Democratic support to overturn the veto.

Health Care Hearings to Watch

  • July 9: Senate Health, Education, Labor, and Pensions Subcommittee on Children and Families hearing on the impact of high costs (not explicitly health care, but health care costs are certainly a concern members like to talk about)
  • July 11: Senate HELP Committee hearing on medical debt
  • July 11: Senate Special Committee on Aging hearing on health care transparency
  • July 11: Senate Appropriations Markup of Milcon-VA, Ag-FDA, and Legislative Branch Appropriations Acts and FY25 Subcommittee Allocations
  • July 11: Senate Homeland Security and Governmental Affairs Committee hearing on Oversight of Taxpayer-Funded High-Risk Virus Research

The House

Biden’s House Woes

More Democratic Representatives are calling for President Biden to step aside and let someone else face former President Trump in the 2024 election as the House returns from recess. So far, that list includes Reps. Craig, Quigley, Kuster (Nem Democat Coalition Chair), Moulton, Doggett, and Grijalva. The New York Times is also reporting that Reps. Nadler, Adam Smith, Takano, and Morelle have urged House Minority Leader Jeffries to get President Biden to end his reelection bid. These House Democrats join the Democratic Governor of Massachusetts in calling for Biden to let someone else run. Additionally, Sen. Warner of Virginia is reportedly working on building support among Senate Democrats to urge Biden to get out of the race.

Labor-HHS and FDA Appropriations Bills Set to be Marked Up

The House Appropriations Committee is scheduled to markup the Labor, Health and Human Services (HHS), Education, and Related Agencies Appropriations Bill for FY 2025 on July 10. It is also scheduled to markup other appropriation legislation, including its version of the Agriculture, Rural Development, Food and Drug Administration (FDA) Appropriations Bill for FY 2025. We will be watching for details on these bills as we move closer to the markup date, and to see if the bills that emerge include any controversial provisions on hot button issues like abortion.

Ways and Means Goes West

Much like the prospectors who went west during the California gold rush, the House Ways and Means Committee will be heading west for a field hearing in Utah on July 12. But unlike those prospectors looking for gold and silver, the Committee is looking for a different type of treasure. That is how to support medical innovation.

In theory, this is an area that could be a gold mine for bipartisan action. However, it remains to be seen if the committee can strike it rich or if things will be held up by partisan disagreements over how to best get the gold. We expect Republican members to criticize government interference in private-sector innovation, while Democratic members will likely highlight the importance of investing in research to make such innovations possible and the need to ensure those innovations are affordable.

There You Have It

Can you believe it’s already July? As if that was not hard enough to believe, the Republican National Convention begins July 15! Before you know it, summer will end, and the final push to the election will be upon us. So, soak up the sun and the speeches while you can. Make it a great week!

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Week Ahead: Ready or Not Here It Comes – For Testing

The first presidential debate for the 2024 electionis upon us, with President Biden and former President Trump set to take the stage in Atlanta on June 27. As the candidates and the country prepare, we at Chamber Hill Strategies are also watching for the release of two proposed Medicare rules, a possible Ways and Means markup, and more. So, let’s get into it, welcome to the Week Ahead!

The Administration

Summers in Washington bring blazing heat and crowds of tourists. Summer is also when we start seeingthe arrival of more Medicare payment proposed rules. So as the temperature climbs,we are hearing these 2 rules could be released as early as June 28:

  • Proposed CY 2025 Physician Fee Schedule Rule: The PFS is how the Centers for Medicare and Medicaid Services (CMS) pays for physician services, incidental services, non-clinical laboratory diagnostic tests, and radiology services.
  • Proposed CY 2025 Outpatient Prospective Payment System. The OPPS is how CMS generally pays for hospital outpatient department services.

We are eagerly anticipating the rules governing the Home Health Prospective Payment System and the End-Stage Renal Disease Prospective Payment System, but those are still under review at the Office of Management and Budget.

These proposed rules are vitally important to health care providers and the Medicare beneficiaries they serve. They also provide an opportunity for the Administration to advance health care priorities with a Republican-controlled House and a Senate that lacks a filibuster-proof majority for Democrats. For example, we could see the Administration try to advance payment policies in the PFS that require inclusion of data on social determinants of health. We might also see the Administration include provisions in the OPPS rule designed to encourage hospitals to adopt stronger cybersecurity protections. We will be watching closely for the release of these rules and diving into the details as soon as they come out.

The Senate

The Senate is out of session until after the 4th of July Holiday. We will provide updates when they return the week of July 8.

The House

Ways and Means Looks at Innovative Products

Rumor is that that the House Ways and Means Committee could meet this week to mark up legislation that would extend Medicare coverage for new and innovative technologies and products.  While the markup has yet to be noticed, the Committee’s interest in advancing coverage for newly developed treatments and devices is not a secret in health policy circles. One possible candidate for consideration is H.R. 1691, the Ensuring Patients Access to Critical Breakthrough Products Act, which was introduced last year by Ways and Means member Rep. Brad Wenstrup (R-OH) and fellow committee members, Reps. Suzan DelBene (D-WA), Blake Moore (R-UT), and Rep. Terrie Sewell (D-AL); the bill would extend temporary Medicare coverage to devices approved under the Food and Drug Administration’s Breakthrough Devices Program.  Also, rumored for possible consideration is H.R.5389, National Coverage Determination Transparency Act, which counts committee member Rep. Mike Kelly (R-KY) among its lead cosponsors. The legislation which was introduced by Energy and Commerce Health Subcommittee Chair Rep. Brett Guthrie (R-KY) was approved by the Energy and Commerce Committee in December.

These bills both become prime contenders for a House vote during a possible “health care week” in July.

Other Health Care Hearings on the Radar

  • June 26: House Ways and Means Health Subcommittee hearing on Value-Based Care
  • June 26: House Veterans Affairs’ Oversight Subcommittee hearing on the VA’s Healthcare Network
  • June 27: House Education and the Workforce Health, Employment, Labor, and Pensions Subcommittee hearing on the Employee Benefits Security Administration
  • June 27: House Appropriations Labor, Health and Human Services, Education Subcommittee Markup

There You Have It

Did you know that the first televised debate about a presidential election featured two women? That’s right,in 1956, former First Lady Eleanor Roosevelt, acting as a surrogate for Democratic candidate Adlai Stevenson, debated Sen. Margret Chase Smith, acting as a surrogate for Republican President Dwight Eisenhower. Do you know any other fun facts about presidential debate history? If so, let us know! Make it a great week!

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Week Ahead: Ready or Not Here It Comes

The first presidential debate for the 2024 electionis upon us, with President Biden and former President Trump set to take the stage in Atlanta on June 27. As the candidates and the country prepare, we at Chamber Hill Strategies are also watching for the release of two proposed Medicare rules, a possible Ways and Means markup, and more. So, let’s get into it, welcome to the Week Ahead!

The Administration

Summers in Washington bring blazing heat and crowds of tourists. Summer is also when we start seeingthe arrival of more Medicare payment proposed rules. So as the temperature climbs,we are hearing these 2 rules could be released as early as June 28:

  • Proposed CY 2025 Physician Fee Schedule Rule: The PFS is how the Centers for Medicare and Medicaid Services (CMS) pays for physician services, incidental services, non-clinical laboratory diagnostic tests, and radiology services.
  • Proposed CY 2025 Outpatient Prospective Payment System. The OPPS is how CMS generally pays for hospital outpatient department services.

We are eagerly anticipating the rules governing the Home Health Prospective Payment System and the End-Stage Renal Disease Prospective Payment System, but those are still under review at the Office of Management and Budget.

These proposed rules are vitally important to health care providers and the Medicare beneficiaries they serve. They also provide an opportunity for the Administration to advance health care priorities with a Republican-controlled House and a Senate that lacks a filibuster-proof majority for Democrats. For example, we could see the Administration try to advance payment policies in the PFS that require inclusion of data on social determinants of health. We might also see the Administration include provisions in the OPPS rule designed to encourage hospitals to adopt stronger cybersecurity protections. We will be watching closely for the release of these rules and diving into the details as soon as they come out.

The Senate

The Senate is out of session until after the 4th of July Holiday. We will provide updates when they return the week of July 8.

The House

Ways and Means Looks at Innovative Products

Rumor is that that the House Ways and Means Committee could meet this week to mark up legislation that would extend Medicare coverage for new and innovative technologies and products.  While the markup has yet to be noticed, the Committee’s interest in advancing coverage for newly developed treatments and devices is not a secret in health policy circles. One possible candidate for consideration is H.R. 1691, the Ensuring Patients Access to Critical Breakthrough Products Act, which was introduced last year by Ways and Means member Rep. Brad Wenstrup (R-OH) and fellow committee members, Reps. Suzan DelBene (D-WA), Blake Moore (R-UT), and Rep. Terrie Sewell (D-AL); the bill would extend temporary Medicare coverage to devices approved under the Food and Drug Administration’s Breakthrough Devices Program.  Also, rumored for possible consideration is H.R.5389, National Coverage Determination Transparency Act, which counts committee member Rep. Mike Kelly (R-KY) among its lead cosponsors. The legislation which was introduced by Energy and Commerce Health Subcommittee Chair Rep. Brett Guthrie (R-KY) was approved by the Energy and Commerce Committee in December.

These bills both become prime contenders for a House vote during a possible “health care week” in July.

Other Health Care Hearings on the Radar

  • June 26: House Ways and Means Health Subcommittee hearing on Value-Based Care
  • June 26: House Veterans Affairs’ Oversight Subcommittee hearing on the VA’s Healthcare Network
  • June 27: House Education and the Workforce Health, Employment, Labor, and Pensions Subcommittee hearing on the Employee Benefits Security Administration
  • June 27: House Appropriations Labor, Health and Human Services, Education Subcommittee Markup

There You Have It

Did you know that the first televised debate about a presidential election featured two women? That’s right,in 1956, former First Lady Eleanor Roosevelt, acting as a surrogate for Democratic candidate Adlai Stevenson, debated Sen. Margret Chase Smith, acting as a surrogate for Republican President Dwight Eisenhower. Do you know any other fun facts about presidential debate history? If so, let us know! Make it a great week!

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House Ways and Means Hearing on Rural Health access 3.12.24

On March 12, 2024, the House Ways and Means Committee held a hearing titled “Enhancing Access to Care at Home in Rural and Underserved Communities.” Though initially previewed to focus on the Hospital at Home model, the hearing centered entirely on telehealth. Chairman Jason Smith (R-MO) highlighted the benefits of telehealth in his opening statement, while Ranking Member Richard Neal (D-MA) discussed the healthcare achievements of the Biden administration over the past four years. Witnesses included patients, healthcare providers, and policy experts who emphasized telehealth’s potential in rural communities and addressed challenges such as internet access, alternative sites for telehealth, and ensuring patient adherence to treatment regimens.

The hearing also covered Medicare and private plan payments and regulations for telehealth, suggesting payment parity with urban settings and financial incentives for telehealth clinicians. Discussions highlighted the need for changes in Medicare policies requiring a nurse’s presence for at-home infusion services and streamlining multi-state credentialing for care providers. The bipartisan nature of the hearing underscored a shared commitment to revisiting the topic and enhancing healthcare access in rural and underserved communities.

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Navigating Healthcare Transparency: Administration's Push for Medicare Advantage Clarity

Week Ahead: It’s Quiet…Too Quiet

After two tumultuous weeks dominated by historic trials, reactions to an Israeli hostage recuse mission, and a visit to Capitol Hill by former President Trump, this week looks to be a lot quieter. But looks can be deceiving, and things are always going on behind the scenes in this town if you know where to look. So, let’s get to it. Welcome to the Week Ahead!

The Administration

OMB on the Clock to Review DEA Rule on Prescribing Controlled Substances Via Telehealth

The Office of Management and Budget (OMB) has received a proposed rule from the Drug Enforcement Agency (DEA) that would allow individuals to be prescribed certain controlled substances from a practitioner utilizing telehealth even if they had not had an in-person evaluation from the practitioner. The proposed rule would only apply to non-narcotic schedule III-V controlled medications when certain circumstances are met.

The DEA currently has temporary telehealth flexibilities in place through the end of the year. If the agency does not finalize its proposed rule before then, patient advocates argue that those who have been utilizing the flexibilities will face barriers to prescriptions for conditions such as ADHD.

The Senate

Senate Finance Chair Readies Rural Maternal Health Bill

Senate Finance Committee Chair Ron Wyden (D-OR) announced on June 14 that he will be holding a press call on June 17 to preview legislation he plans to introduce to address concerns about the availability of maternal health services in rural areas. The press call is scheduled for 2 PM EST.

Both rural and maternal health care are areas with huge potential for bipartisanship. But the devil is in the details…

While the House is Away the Senate will Play…Detective

What do you do if you’re in the Senate, but the House is out of session? Of course, you can vote on nominations. But It’s a lot more fun to hold investigations on hot button issues that are sure to make headlines. We are tracking a couple of such investigations in 2 committees this week.

  • Senate Health, Education, Labor, and Pensions (HELP) Committee
    • o   Chair Bernie Sanders (I-VT)was ready to hold a vote to subpoena Novo Nordisk’s President of North American Operations to testify about the company’s pricing of Ozempic and Wegovy in the United States.
    • However, Chair Sanders dropped his threat after the company’s global CEO Lars Fruergaard Jørgensen said he will testify at a hearing scheduled for September, according to Inside Health Policy.
    • This sets the stage for a potentially dramatic hearing 2 months before the 2024 elections.
    • But Novo Nordisk is not out of the woods yet, because the HELP Committee is still scheduled to vote to authorize an investigation into the company at a hearing scheduled for June 18.
  • Senate Homeland Security and Governmental Affairs Committee (HSGAC)
    • HSGAC is scheduled to hold a hearing on the origins of the COVID-19.
    • We’ve seen a lot of action on this issue in the House Oversight Committee, with Republicans and Democrats often disagreeing about what the focus of those efforts should be (even issuing conflicting reports).
    • But this is the Senate.  And the Senate is controlled by Democrats. Will we see bipartisan agreement about needed actions to understand the origins of COVID-19, unlike the partisan outcomes of the House hearings?

The House

The Ways to End a Month and What it Means

The House is in recess, so we are looking ahead to when they return. As we wait, we are tracking rumors that the Ways and Means Committee may be planning a markup related to innovation and medical coverage issues.

So What?

After July ends, we go to August recess and the unofficial final push to the November elections. As that date gets closer, many members of Congress will start having more things to do outside of Washington (and we are not talking about field hearings). These rumored hearings might be some of the last ones we see from the committee until after the elections or even until after the end of the year.

There You Have It

One of the reasons this week is so quiet is because Wednesday, June 19 is Juneteenth, the federal holiday that marks the date when the news of emancipation reached slaves in Texas in 1865. As we take time to celebrate this important date, we look back on progress so far and recognize the work that still needs to be done to form a more perfect union with liberty and justice for all.  Make it a great week!

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Meet Josh Knaak: Passionate Public Policy Professional 

We caught up with our associate Josh Knaak to learn what drives him, his experiences on Capitol Hill and on the campaign trail, and why he is valuable to our clients.  

What inspired you to get involved in politics and public policy?  

I first became involved in politics after several of my friends and family were the victims of crime. This inspired me to get involved in local politics. I realized that I enjoyed working to find solutions to problems, and politics and public policy provided me a way to be a part of the solution.  

What drew you to Chamber Hill Strategies? What are you most looking forward to in your new role? 

I heard about Chamber Hill Strategies from various colleagues on Capitol Hill who told me great things about the firm, including the daily newsletter PolicyCrush, and Jennifer Bell’s positive reputation.  I also knew that Chamber Hill Strategies is a leading health care-focused lobbying firm and I wanted to be part of continuing to build on that legacy.   I’m excited to dive deeper into health care policy and use my working knowledge of the legislative process and current Congressional players to serve the needs of our clients.  

What has your day-to-day schedule looked like so far as an Associate at Chamber Hill Strategies? 

One of my main responsibilities right now is to produce PolicyCrush, our daily news service that gives readers an at-a-glance resource of the most important announcements in health care.  It’s a thrill to create something that thousands of readers around the country rely on – including readers in the federal government. I use a high-refined curation to cull through what’s important and what’s not important for our readers to know about the public and private sectors.  We cover Congress and the Administration. Medicare, Medicaid, health insurance, health tech, quality and innovation.  It’s a lot of ground to cover and the rapid pace of information keeps me and our dedicated subscriber base on our toes!  

Can you share more about your experience on Capitol Hill? What lessons did you learn there that will help you succeed at Chamber Hill?  

My experience on the Hill featured work in both the House and Senate. I gained experience tracking legislation, meeting with lawmakers from both chambers of Congress, developing voting recommendations, formulating memorandums for legislative staff, and assembling committee binders. I always love learning new things and my experience on the Hill taught me a lot about how Congress operates, the legislative process, and the importance of interpersonal relationships. These are all important areas to learn about for anyone who wants to make a difference in public policy. I can apply my knowledge about Congress and the legislative process to help me communicate with clients about what is going on in Washington. I can also utilize the relationships I cultivated during my time on the Hill to advance the interests of our clients. 

Do you have a particular experience from your time on the Hill that sticks out to you?  

One experience I won’t forget happened during my tenure with Senator Cassidy’s (R-LA) office. Sen. Cassidy is a member of the Senate Veterans’ Affairs Committee. So, while I was with his office, I took the opportunity to meet with other Senators of the Senate Veterans’ Affairs Committee. I enjoyed talking with them about their ideas to improve the quality of life for our Veterans. 

What specific areas of health care interest you? 

I am interested in learning how I can help Veterans who have fought in the wars of Afghanistan and Iraq are still facing health issues. Many of the Veterans who fought in these  wars are struggling to get access to the health care they need. I am also interested in the cost of prescription drugs.  

Is there anything else you think clients or prospective clients should know about you?  

Not only am I diligent and responsive, but I’m also an energic person who knows his way around Capitol Hill.   

If you would like to learn more about how Josh and the rest of the Chamber Hill Strategies team can help meet your advocacy needs, please contact us. 

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Week Ahead: Trying Times in Washington

Not two weeks have passed since the historic felony conviction of former President Trump, and now we could be heading towards another historic felony conviction, this time for Hunter Biden, the son of the current president. If these last few weeks have shown us anything, they show us that history stops for no one. So, let’s get to it. Welcome to the Week Ahead!

The Administration

JUUL Catches a Break from FDA

The Food and Drug Administration (FDA) announced the agency is rescinding its marketing denial orders (MDOs) against JUUL Labs, Inc. tobacco products, including e-cigarettes on June 6. These MDOs, issued on June 23, 2022, called for JUUL tobacco products to be removed from the market. Weeks later, FDA issued an administrative stay on the MDOs on July 5, 2022, because “certain scientific issues warranted additional review.” In its June 6 update, FDA cited this review and recent court decisions as the basis for the recession. The agency was clear in its announcement that the decision is not an authorization or denial of JUUL’s marketing applications and that the applications are once again under review.

JUUL wasted no time in celebrating the announcement and noted that JUUL products would be on the market during the review process.

Now What? 

  • Health advocacy groups, such as the American Lung Association and the Campaign for Tobacco-Free Kids, expressed disappointment regarding the decision.  What next steps will they take to pressure the FDA to pull JUUL products from the market?
  • What will congressional opponents of e-cigarettes do in response to this decision?  Appropriations season is underway, and opponents could use funding legislation to direct or block agency action.

Save the Date: June 20 is when the Supreme Court is scheduled to hear a request from the FDA to overrule a previous court ruling that found FDA had to consider applications for e-cigarettes one at a time, and could not just reject all of them, according to Inside Health Policy.

The Senate

Stillbirth Prevention Act up for UC?

We are hearing that the Senate could move by unanimous consent to pass H.R.4581, Maternal and Child Health Stillbirth Prevention Act of 2024. This bill would allow Maternal and Child Health Services Block Grant funds to be used for stillbirth research and prevention activities. Since this bill has already passed the House, the bill would go to the President’s desk if passed.

But this bill isn’t out of the woods yet. The UC process is dicey because a single senator can stop the process at any point. Senators have been known to block bills even if they agree with the underlying premise but have another issue (i.e. procedural concerns, concerns about related bills not getting a vote).

Health Care Hearings in the Senate

  • June 12: Senate Finance Committee hearing on youth residential treatment facilities
  • June 12: Senate Judiciary Committee hearing on youth vaping

The House

E&C Mark-Up Watch

What we are hearing: The House Energy and Commerce is expected to put out a notice of a mark-up on June 12 of several health care bills. These bills could be on a range of different topics, but we expect them to be non-controversial.

Just because these bills are non-controversial does not mean they are insignificant. Even bills that may not produce rage-inducing headlines can still involve significant appropriations in public health programs and major changes to the health care system. Plus, those non-controversial bills have the best shot of becoming law. Speaking of which…

Health Care Week? 

Just when we thought bipartisanship was dead, rumors of a bipartisan “health care week in the House” keep hopes alive. This rumored health care week would most likely occur in the second week of July and would be marked by votes on health care legislation. What bills would be included? Although we don’t know for sure, we bet that any bills coming out of that expected E&C markup would be prime contenders.

Now that we’ve talked about what might happen, here’s a look at the health care hearings in the House this week:

  • The show-stopper will be CMMI Director Liz Fowler on the hot seat at the June 13 House Energy and Commerce Health Subcommittee hearing on the CMS Innovation Center.  Director Fowler, a Hill alum, will try to defend the results-to-date of the evergreen funding the learning lab received from the ACA.
  • June 13: House VA Committee hearing on spinal cord injuries and disorders in the veteran community
  • June 13: House Budget Committee hearing on Medicare and Social Security

There You Have It

Flag Day is June 14! Check out these interesting facts about Flag Day. Let us know if you know any other fun facts about the Stars and Stripes. Make it a great week!

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Week Ahead: Of Convictions and Congress

Donald Trump made history on May 30 as the first former President to be convicted of a felony. Congress now returns for the first time since that conviction, and many lawmakers will be focusing their attention on the fallout from the verdict. We won’t add to the pile of punditry that has already been printed but will instead focus on the latest health care policy news.  Welcome to the Week Ahead!

The Administration

ACLA Tests the Legal Waters with LDT Lawsuit

As the former president prepares his appeal, the Food and Drug Administration (FDA) is preparing for a legal fight of its own. On May 29, the American Clinical Laboratory Association (ACLA) announced it was filing a lawsuit against the FDA to stop the agency’s Final Rule to regulate laboratory-developed tests (LDTs) as medical devices. The ACLA argues that Congress never gave the FDA the authority to regulate these tests.

So what?  The lawsuit is just the latest effort by the ACLA to stop this rule from going into effect. We expect the lab industry to follow the lawsuit with increased lobbying. Some Republicans on the House Energy and Commerce Committee have expressed concerns about potential unintended consequences from the rule, but what will become of efforts to pull back the rule?

Senate

Multiplan Madness

Senate Finance Committee Chair Wyden (D-OR) and Senate HELP Committee Chair Sanders (I-VT) are looking to get answers from Mutliplan regarding concerns about certain practices the company uses when negotiating out-of-network payment rates for insurers. Specifically, the Senators are concerned these practices increase costs for patients and may be allowing insurers to skimp on fulfilling their obligations to patients. They requested a response by June 5. Here are some things to watch for:

  • Will the two Democratic chairs get any help from their GOP Ranking Members?
  • Will we see any corresponding action in the House?

Senate Health Care Hearings 

  • June 4: Senate HELP Committee hearing on the Impact of Abortion Bans on Women’s Health
  • June 5: Senate Special Committee on Aging and Senate VA Committee hearing on Services for Veterans and Their Caregivers

The House

Checking in with Ways and Means

Work continues behind the scenes at the House Ways and Means Committee on provisions that could find their way in a late year, post-election health care package:

  • Telehealth: It sounds like a 2-year extension of telehealth flexibilities is picking up steam and is likely before year’s end. While advocates would love action before the November elections, it’s unclear at best if Congress can agree on addressing the issue sooner than December.
  • Rural health: In addition to the bills passed out of the Committee at its May 8 markup, the Committee is hoping to move additional rural bills before summer’s end. Any measures cleared by the Committee will be in play to move in a larger health package during the lame duck session.
  • Medicare physician payment: With Congress waiting for the release of the Medicare physician fee schedule in late June, it’s hard to see any significant movement on Medicare payment legislation before the election. In addition, word is that there is growing interest among policymakers in H.R. 6371, the Provider Reimbursement Stability Act, which would address Medicare’s budget neutrality requirement.

House Health Care Hearings

  • June 3: House Oversight and Accountability Select Subcommittee on the Coronavirus Pandemic hearing with Dr. Fauci
  • June 4: House Energy and Commerce Oversight and Investigations Subcommittee hearing on 340B Drug Pricing Program
  • June 4: House Natural Resources legislative hearing, including H.R. 6395, Recognizing the Importance of Critical Minerals in Healthcare Act of 2023

There You Have It

Summer is officially here! Have any big summer travel plans? Favorite summer- time activities? Let us know! Make it a great week!

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