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Collins Leaves Big Shoes to Fill at NIH

Francis Collins announced plans to retire from his role as Director of the National Institutes of Health (NIH) on October 5.  This is a big deal for the Biden administration, as this leaves another crucial leadership position vacant, as the administration still has not nominated a Commissioner for the Food and Drug Administration (FDA).

Brief background: The Staunton, Virginia native first came to NIH in 1993 to serve as Director of the National Human Genome Research Institute, a role he held for 15 years.  Under his leadership, the institute made landmark discoveries of disease genes and contributed to the international Human Genome Project, which for the first time fully mapped all genes of the human genome.  Collins was later nominated to lead NIH under then-President Barack Obama and was confirmed by the Senate in 2009. (pongsak-clinic.com)

Why is he retiring?  Even though a public health emergency is still ongoing, Collins told reporters that his “hour-to-hour oversight” is no longer as necessary now that three vaccines are out and case numbers are declining nationwide.  According to reports from PoliticoCollins initially wanted to quit last winter, but National Institute of Allergy and Infectious Diseases (NIAID) Director Anthony Fauci convinced him to stay on a little while longer.

It wasn’t a spur of the moment decision.  Collins said he had been thinking about retirement for the past 3-4 months.  By making the decision now, Collins hopes to facilitate a smooth transition for the next NIH director.

Who’s taking over?  Principal Deputy Director Lawrence Tabak, number two at NIH, is most likely to serve as acting director in the interim.  But it’s unclear if he’s in the running for the top job – Collins said in an October 5 interview that he wants a woman to succeed him.  The only certainty is that Fauci won’t be the next NIH director – he’s already said no to the role.

Whoever takes over will have big shoes to fill.  During his decade-plus at the helm of NIH, Collins:

And whoever becomes the next NIH director has plenty of challenges to look forward to, including:

  • Leading the agency though the next (and hopefully final) phase of the pandemic.
  • Shaping the development of the Advanced Research Projects Agency, or ARPA-H.
  • Overseeing clinical trials for COVID-19 treatments.
  • Defending the administration’s public health policies and handling of the  pandemic on Capitol Hill.

It’s also worth noting that Francis Collins is a bit of a Renaissance man.  Here are some of his other accomplishments outside of leading the world’s largest medical agency.

Collins won’t be the NIH director anymore, but he isn’t leaving NIH.  In fact, he’s planning to return to his laboratory at the National Human Genome Research Institute.

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What Employers Need to Know About the New Vaccine Mandate

The White House says it’s time for the unvaccinated to roll up their sleeves.  To help boost vaccination rates as the Delta variant continues to take its destructive toll across the nation, President Biden laid out a new COVID-19 action plan with some new requirements for private businesses.

How it works: The Biden administration is directing the Occupational Safety and Health Administration (OSHA) to develop a rule that will require all private sector employers with 100 or more employees to ensure their workforce is fully vaccinated and require any unvaccinated workers who remain unvaccinated to show a negative test result at least once a week.  Furthermore, the administration says it will require private employers to provide paid time off for employees to go get vaccinated.  OSHA will issue the rule through an emergency temporary standard (ETS) that will take effect immediately upon publication in the Federal Register.

This requirement is expected to impact 80 million workers in the private sector.

Can OSHA do this?  OSHA has the authority to issue an ETS if it’s been determined that:

  1.  “Employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards,” and
  2. The ETS is “necessary to protect employees from such danger.”

Remember: OSHA mandated that certain health care workers be vaccinated via an ETS issued in June 2021.

And yes, the mandate is constitutional.  In 1905, the Supreme Court ruled 7-2 to uphold a $5 fine for failing to be vaccinated against smallpox in Jacobson v. Massachusetts.  According to the high court, an individual cannot deprive his or her neighbors of their own liberty by allowing the spread of disease.

What happens next? White House Coronavirus Response Coordinator Jeffrey Zients said on September 10 that the ETS will be drafted “over the coming weeks.”  This means OSHA will release the rule much sooner than the ETS for health care workers, which was in development for six months before being published in June of this year.

What employers should do.  While OSHA spends the next few weeks developing an ETS, private businesses can do several things to be prepared.

  • Plan for potential costs, including the cost of testing and time off to be tested.
  • Prepare processes to collect vaccination information.  Put in place a system to request, collect, and maintain vaccination information, and designate a group of employees to verify evidence of vaccination status.
  • Create a testing policy.  Figure out whether your organization will offer on-site testing to workers, allow workers to self-administer tests at home, or get tested by a third party.
  • Consider a mandatory vaccine policy that goes further than the ETS and allows your business to forgo the weekly testing option.
  • Prepare for accommodation requests for employees who do not want to be vaccinated for health or religious reasons.

Prepare for enforcement.  OSHA inspections can be conducted without notice, and the agency has a robust system in place to handle whistleblower-style complaints from employees.

Get ready for lawsuits. The debate over vaccine mandates won’t end after the ETS is issued.  Arizona became the first state to file a lawsuit against the administration on September 16, and 24 Republican state attorneys general threatened to take legal action in a September 16 letter.  Still, employers should continue preparing for the new ETS as OSHA continues to move forward full steam ahead.

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What Happened, What You Missed: September 20-24

Walensky Overrides CDC Advisory Panel, Approves Booster Doses for At-Risk Workers

Late Thursday, Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky  took the unusual step of overriding a recommendation from the Advisory Committee on Immunization Practices (ACIP) on whether adults aged 18-64 with frequent exposure to the virus should receive a COVID-19 booster shot.  While ACIP members felt there is not enough data to show that boosters are necessary for at-risk workers like nurses and teachers, Walensky said providing boosters for these individuals would help the US prepare for the “next stage in the pandemic.”  She also pointed out that the decision would align the CDC with an FDA decision made earlier this week on boosters for high-risk workers.  Walensky did however approve other recommendations made by ACIP to allow individuals over age 65 and people with chronic health conditions to receive a third booster dose.

Pfizer Releases Vaccine Data for Kids, J&J Posts Booster Shot Data

Pfizer announced on September 20 that a two-dose regiment of its COVID-19 vaccine administered three weeks apartment generated a strong immune response in children aged 5-11, according to topline results from a phase 2/3 clinical trial.  The trial used a third of the vaccine dose that is currently approved for people 12 and older.  Pfizer plans to file the full results to the FDA soon, teeing up an emergency use authorization for children within the next several weeks.  The following day, Johnson & Johnson announced that a second “booster” dose of its single-dose COVID-19 vaccine generated a strong immune response.

House Advances Doomed Appropriations, Debt Ceiling Bill

On September 21, the House approved legislation to fund the federal government through December 3, 2021 and suspend the debt ceiling through December 22, 2022.  The combined appropriations-debt ceiling bill, which passed on a 220-211 party line vote, could be considered in the Senate as soon as Monday, September 27.  However, the measure is certain to fail in the upper chamber due to a lack of support from Republican Senators.  Instead, Republicans are urging Democrats to pass a debt ceiling suspension by attaching it to the human infrastructure package , which Democrats say is not possible due to “parliamentary obstacles.”  Government funding expires on October 1, while Treasury Secretary Janet Yellen says the government could begin to default on its debt sometime next month.

CMS Final Rule Extends Open Enrollment, Boosts User Fees

In its third part of its 2022 Notice of Benefit and Payment Parameters rule, the Center for Medicare and Medicaid Services (CMS) finalized proposals to extend the open enrollment deadline for Affordable Care Act (ACA) plans through January 15, 2022 and create a new monthly special enrollment period geared toward low-income individuals.  The final rule also increases the user fee for 2022 to 2.75% for insurers in the federally run exchange and 2.25% for state-based exchanges..  According to CMS, the user fees are intended to support consumer outreach activities, including the Navigator program.

ICYMI: Capitol Fence Goes Up, Capitol Fence Goes Down

Metal fencing that was erected in advance of a rally last Saturday went down almost as quickly as it came up.  The rally, which was organized to support the hundreds of people arrested for the January 6 riot, ultimately attracted more law enforcement and news media than actual protestors.  Work crew began to disassemble the fencing on Sunday afternoon, and by Monday afternoon, the fencing was completely gone.

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How a New HHS Office Wants to Tackle Climate Change…and Public Health

The Biden administration means business on climate change.  As its latest climate-friendly move, the administration formed the Office of Climate Change and Health Equity (OCCHE) on August 30.  What does this new office mean in the fight against rising global temperatures?

About OCCHE

The mission of OCCHE is to advocate for environmental justice and equitable health outcomes and use the regulatory and statutory powers of HHS to fight climate change.  OCCHE will:

  • Address health disparities made worse by climate change.
  • Identify communities vulnerable to climate change.
  • Promote training opportunities to build the climate and health workforce.
  • Advance research on the public health benefits of addressing climate change.

Go deeper:  Biden laid out his vision in a January 27 Executive Order on Tackling the Climate Crisis at Home and Abroad.

Why it matters:  The health care industry accounts for 8.5% of the country’s carbon emissions. Climate change disproportionately impacts on vulnerable populations, making sick patients ever sicker.  Thus, health care stakeholders should take seriously OCCHE’s intention to collaborate with business and industry groups for environmental justice and health equity outcomes.  HHS Secretary Xavier Becerra predicted OCCHE “will become a permanent fixture within HHS.”

The Most Important Public Health Issue of Our Time

OCCHE’s Interim Director Dr. John Balbus, formerly of the National Institute for Environmental Health Science referred to climate change as the “most important public health [issue] of our time.”  Yet, the administration’s Fiscal Year 2022 budget request for HHS only allocates $6 million for OCCHE.  Additionally, Mataka said the office could issue new regulations or guidance, although OCCHE is unlikely to engage in regulatory action until it develops more knowledge about the relationship between climate change and wellness.

The Climate Change/Public Health Connection

The underlying causes of climate change – transportation, food, socioeconomic systems – are virtually the same as the underlying causes of health disparities.  Climate change has also shown to be more impactful on disadvantaged communities, including low-income individuals, the elderly, and people with chronic illnesses.  While the Biden administration is trying to address climate change on a large scale, they are sending a clear message by establishing OCHHE that the federal government has a specific role in protecting the health of vulnerable populations due to climate change.  In turn, the administration is expecting health care providers to step up and examine their own role in contributing to climate change.  Further actions that OCCHE and other public health organizations may take on include gathering data on climate-related health behaviors, analyzing the health impact of climate-related policies, and studying the health benefits of reduced carbon emissions.

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What Happened, What You Missed: September 6-10

Biden Announces Sweeping Vaccination Mandate for Health Care Workers

On September 9, President Joe Biden announced plans to mandate vaccinations for all health care workers at facilities that receive federal funding.  The announcement was a major component of a six-part planned aimed at addressing a nationwide surge in COVID-19 cases.   The vaccination mandate for health care workers is an extension of last month’s announcement on vaccination requirements for nursing home employees.  Biden also announced plans to require all federal employees to get vaccinated and require employers with 100 or more employees to mandate COVID-19 vaccines.  He further urged schools to use previously allocated funding to expand COVID-19 testing and called for an international summit on the global response to the COVID-19 pandemic.

HHS Releases Report on Proposals to Address High Drug Prices

On September 9, the Department of Health and Human Services (HHS) released a comprehensive plan to reduce drug prices in response to a July 9  Executive Order on Promoting Competition in the American Economy.  The report was initially released to members of Congress on August 23 but not made public until yesterday.  Among the report’s chief proposals is allowing the HHS secretary to negotiate Medicare Part B and Part D drug prices directly with pharmaceutical manufacturers and make those prices available to other purchasers.  The report also calls for promoting biosimilars and generics to foster competition and a cap on catastrophic spending under Part D.  Many of the report’s recommendations have already been included in Democrats’ $3.5 trillion Build Back Better Act.

Speaker Pelosi Rebuffs Calls to “Pause” $3.5T Infrastructure Bill

Despite calls from Sen. Joe Machin (D-WV) to take a “strategic pause” to rework the $3.5 trillion “human” infrastructure bill, House Speaker Nancy Pelosi (D-CA) supported House members to continue holding hearings to mark up the legislative text this week. Both Manchin and his moderate Democratic colleague Sen. Kyrsten Sinema (D-AZ) have stated that they will not support a $3.5 trillion bill, with Manchin specifying he won’t back more than $1.5 trillion in spending.  During the week, the Education and Labor; Science, Space, and Technology; Small Business; Veterans Affairs; and Ways and Means committees have already marked up portions of the reconciliation bill relevant to their jurisdiction.

SCOTUS to Return to In-Person Arguments in October

On September 9, the Supreme Court announced it will return to hearing oral arguments in the court building starting next month.  Since May 2020, the Supreme Court has been holding oral arguments exclusively by telephone. The court building will remain closed to the public and access to the courtroom will be limited to the Justices, certain Supreme Court personnel, and journalists with press credentials.  However, live audio feeds for those unable to sit in the courtroom will continue

ICYMI: Fencing Returns to US Capitol

Metal fencing will be reinstalled around the US Capitol as a security precaution ahead of a planned rally on September 18.  The rally is expected to feature far-right activists protesting the treatment of those arrested in connection with the January riot at the US Capitol.  Fencing was initially erected around the US Capitol immediately following the January 6 riot before finally being removed in July.  To prepare for the rally, Speaker Nancy Pelosi (D-CA) has been holding briefings with congressional leadership on security preparations. However, the US Capitol Police has so far decline to comment on or confirm the fencing and other security measures.

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