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Find our analysis on legislation, regulations, MedPAC meetings, and more. 

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!

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. 

They Say Health Care Policy is a Marathon, Not a Sprint

It’s Patriots’ Day, and our very own Jennifer Bell is taking this whole marathon-not-a-sprint thing seriously by tackling the Boston Marathon again. In DC this week, the drone and missile attack on Israel from Iran will dominate floor activity even as Congress has a slew of hearings ahead of the April 22 break for Passover. So, let’s see what the week holds – welcome to the Week Ahead!

The Administration

The Iranian attack will have big implications for Washington – putting pressure on Congress to move on stalled foreign aid packages and on the Biden administration to stand with Israel as some progressive critics call for him to condition aid on efforts to prevent civilian casualties.

Everybody Wants to Rule the World…

What’s happening: On the health care front, the hospital lobby is criticizing the FY 2025 Inpatient Prospective Payment System Proposed Rule for not keeping up with inflation. The proposed rule came out just ahead of this week’s American Hospital Association Annual Meeting.

What’s on deck:  While still under review at OMB, we are keeping our eyes peeled for the Medicaid access rule. We aren’t feeling the final versions of the laboratory-developed test rule or the minimum-staffing standards for long-term care rule coming out this week since OMB is still conducting stakeholder meetings.

The Senate

Senate Subcommittee Weighs in on HHS Budget

What’s happening:  With the 2024 appropriations process now in the rearview mirror, the Senate Appropriations Committee will hold several budget-related hearings this week—including one with Health and Human Services Secretary Xavier Becerra. Sec. Becerra will be testifying on the President’s proposed FY2025 HHS budget before the Senate Labor, Health and Human Services Subcommittee on April 16.

Why it matters: This will be the 4th appearance by the Secretary on the budget, with one additional one later in the week in the House. Will the Secretary be pressed on the administration’s response to the cyberattack on Change Healthcare or funding related to the Medicare drug negotiations in the Inflation Reduction Act? Will he be checked out as rumors fly about his potential exit to run for governor of California?  We are betting the Secretary will be fully engaged.

Another Impeachment Senate Hearings 

What’s Happening: While leaders debate how to respond to the attacks on Israel, we doubt the Senate will have much appetite to take up impeachment articles against Homeland Security Secretary Alejandro Mayorkas. The House voted to impeach the Secretary in February, but they have yet to send the articles over to the Senate.

Senate Hearings 

Other notable hearings this week include:

  • April 16: Senate Aging Committee hearing on the Long-Term Care Workforce
  • April 17: Senate HELP Primary Health and Retirement Security Subcommittee hearing on food as medicine
  • April 17: Senate Armed Services Subcommittee on Personnel hearing on servicemembers’ access to safe, quality pharmaceuticals
  • TBD: Last week, during a Senate Finance Health Subcommittee hearing on substance use disorder care in federal health care programs, Subcommittee Chair Ben Cardin (D-MD) said that Committee Chair Ron Wyden (D-OR) plans to have a full hearing on opioids and fentanyl

The House

Mike Gets a Win
 
What’s happening: Last week, the House of Representatives passed legislation to renew the Foreign Intelligence Surveillance Act (FISA) after opposition from some Republicans caused previous votes to fail.

Why it matters: Beyond the significance of the legislation itself, this vote shows (at least for now) that Speaker Mike Johnson (R-LA) can still get things through Congress. Before the weekend, the question was about whether he could maintain control of his caucus as he seeks to pass potential Ukraine aid legislation.  Now, with the schedule to be dominated by yet-to-be-announced legislation regarding Israel, we expect threats to oust the Speaker will die down for a few days at least.

Jam-Packed Tuesday

What’s happening: The House is starting the week off hot with several health care-related hearings.

  • April 16: House Energy and Commerce Health Subcommittee hearing on cybersecurity in the health care sector following the Change Healthcare attack
  • April 16:  House Education and Workforce HELP Subcommittee hearing on ERISA
  • April 16:  House Energy and Commerce Oversight and Investigations Subcommittee hearing on Medicare and Medicaid fraud
  • April 16:  House Veterans’ Affairs Health Subcommittee Markup of health care legislation

Why it Matters: Even though the House is spending a lot of floor time on issues than health care these days, health care legislation is still on the front burner in the committees.

Becerra Returns to the House 

What’s happening: HHS Sec. Becerra is scheduled to testify before the House Energy and Commerce Health Subcommittee on April 17 about the FY25 HHS budget.

Does it matter?  Even as Energy and Commerce gets its time with the Secretary, the bigger impact on the President’s budget proposal is arguably last week’s selection of Rep. Tom Cole (R-OK) as the new House Appropriations Chair.

House Energy & Commerce Subcommittee Considers Privacy Legislation 

What’s happening: The House Energy and Commerce Innovation, Data, and Commerce Subcommittee is scheduled to consider several legislative proposals related to data privacy on Wednesday. Among the proposals to be considered is a draft of the American Privacy Rights Act, which includes provisions related to health care data.

Why it matters: This bill was introduced by House Energy and Commerce Chair Cathy McMorris-Rodgers (R-WA) and Senate Commerce Committee Chair Maria Cantwell (D-WA). That means this bill is bipartisan, bicameral, and has support from two committee chairs. These facts bolster chances for success. The question is, will that be enough to move this bill during an election year?

So, there you have it!  Did you get your taxes in?  Did you know 2 states celebrate Patriots’ Day?  Reach out to us if you know the other one that is not Massachusetts. Here’s to a great week!

The Week Ahead: March Madness – Washington, DC Version

Let’s start with 3 questions about timing this week.  See if you can guess the answers! 

  • What happened on time?   Selection Sunday for the NCAA Men’s and Women’s Basketball Tourneys – one of our favorite events of the year! 
  • What happened early?  Cherry blossoms.  The National Park Service declared peak blooms hit on March 17 – the second earliest peak on record. 
  • What happened late? Well, sort of, we still don’t have a clear path to fund the government past March 22.  Better late than never?! 

 

The Administration 

Health and Human Services Sec. Xavier Becerra will makes a second set of appearances this week on the President’s Budget.  His testimony before the Senate Finance Committee last week touted the Administration’s efforts to lower prescription drug costs and increase the number of people insured under the Affordable Care Act.  Expect more pointed questions in the House Appropriations Committee about funding priorities and the House Ways and Means Committee about Medicare and health savings accounts on March 20. 

 

What hasn’t yet come up in these hearings is the Administration’s response to the cyberattack on Change Healthcare, a unit of UnitedHealth Group that processes 15 billion health care transactions annually and touches 1 in every 3 patient records.  CMS, the HHS Office of Civil Rights, and the Department of Labor have all sent out notices of assistance within their jurisdiction.  The American Hospital Association has indicated the response to date has been woefully inadequate. 

 

The Senate 

The mad dash this week is to make sure the government remains funded past March 22 and before both the Senate and House will go back to their states and districts for a 2-week district work period.  While appropriations leaders have been working through the weekend, there’s no paper yet.  

 

We will be keeping our eyes peeled for any updates on the AI front, as the Gang of Four was predicting releasing their lessons learned from the various AI Insight Forums held over the last few months.  While the leaders will release a set of findings and suggested direction, the work of legislating will be left to the committees. 

 

The House 

If it feels like déjà vu all over again, you’re not alone.  We have 1 week to go to fund 6 major departments including HHS, Education, Labor, Homeland Security, Defense, State, and Treasury.  Funding for Homeland Security is one of the sticking points.  We had been anticipating the possibility of certain health care policy riders being attached, such as pharmacy benefit manager reform, hospital price transparency, and community health center funding, but it looks like these proposals may have to wait until after the election. 

 

  • Don’t forget – Rep. Ken Buck (R-CO-4) is retiring on March 22 – shrinking the GOP majority to a mere 5 votes (218-213). The margin will likely shrink further when New Yorkers go to the polls on April 30 to select a replacement, likely a Democrat, for the recently retired Rep. Brian Higgins (D-NY-26).  

 

Besides Sec. Becerra’s appearance before the House Ways and Means Committee, we will be watching closely as the House Energy and Commerce Health Subcommittee rips into FDA’s controversial proposed rule to regulate lab developed tests on March 21. The full Committee may also be marking up a number of health and non-health bills. 

 

So, here we go – March Madness – DC style.  If you have a free minute, don’t forget that MedPAC and MACPAC sent up their annual March Reports to Congress!  If you remember being able to receive those pubs by mail, let us know….  

 

 

The Week Ahead: President’s Budget Release and More

The daffodils are in full bloom in Washington and Congress and the administration are trying to make the most of the next 2 weeks before taking a break for the Easter holiday.  There’s a lot going on in DC, so let’s get to it!

The Administration

All eyes on are the President’s annual budget release which will set out the President’s priorities for the government heading into the November elections.

  • Pay attention to what the President is proposing that can be done through Executive Order or regulation vs. what needs Congressional action.  While the “dead on arrival” phrase is often used in Washington, some things will be deader than dead, if that’s a thing, but anything the President can do on his own is fair game.

On March 1, President Biden gave his third State of the Union address, leaning into issues that energize the Democratic base and remind viewers and voters of his accomplishments.  For health care, he:

  • promised to restore Roe v. Wade as the law of the land, noting how red states have restricted access to IVF
  • expressed his desire to extend the Medicare insulin cap at $35/month to those with commercial insurance
  • made the case for expanding the number of prescription drugs subject to Medicare negotiations beyond current law

The Senate

The Senate took a victory lap over the weekend by passing a package of 6 bills to fund the government through September, including the Food and Drug Administration.  Congress now has 2 weeks to figure out how to fund the rest of the government before the March 22 deadline to avoid a partial government shutdown.

  • As an aside, how many times have we typed those words – avoiding a government shutdown – in the last few years?  We’ve lost count….

With immigration remaining at the forefront, the next set of bills, including Defense, Homeland Security, and Health and Human Services, won’t come so easily.

For health care, the Senate Finance Committee will host Sec. Becerra for a discussion of the President’s budget on March 14.  Yes, there will be partisanship but that isn’t what most interests us….

  • Watch for Senators’ priorities as they comment on the budget – this shows what each is championing and what might be able to move forward yet this year.

The House

The House comes back to take up 11 bipartisan bills coming out of the Transportation and Infrastructure Committee under suspension of the rules. But partisan tensions are sure to resume later in the week as the House brings up a resolution denouncing the Biden Administration’s immigration policy.

For health care, the focus is on the committees this week.  On March 12, the House Energy & Commerce Committee will be meeting to markup and move 19 bipartisan health-related bills, covering a wide range of issues, including maternal health, dementia treatment, cancer screening and a host of other initiatives. One bill of note that has garnered considerable attention is the “Dr. Lorna Breen Health Care Provider Protection Reauthorization Act” (H.R. 7153), which seeks to raise awareness and provide resources to address the mental health issues facing the health care workforce.

Also, on March 12, the House Ways & Means Committee will hold a full committee hearing titled, “Enhancing Access to Care at Home in Rural and Underserved Communities,” which will include testimony from both patients and providers about the challenges in improving access to in-home care and to modernizing the delivery of care in rural and other underserved communities.

There You Have It

We at Chamber Hill Strategies, are counting down the days:

  • 10 days left of winter
  • 11 days till the men’s NCAA basketball tourney starts
  • 12 days to avoid a government shutdown

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