The Week Ahead

Stay informed with our weekly buzz about what’s going on in Washington, DC.

Week Ahead: From Turkey to a Lame Duck

We know many readers may still be working through Thanksgiving leftovers, but this week, Congress is serving up nothing but lame duck. However, this meal could turn into a food fight real fast, with Congress running out of time to make decisions about government funding, the Farm Bill, and the National Defense Authorization Act. So, let’s get into it. Welcome to the Week Ahead!  

The Administration 

The Biden administration proposed its Contract Year 2026 Medicare Advantage and Part D rule on November 26. This rule is one of the last major ways the Biden administration can leave its mark on the MA and Part D programs, and they didn’t hold back.  The rule proposes allowing Part D plans to cover anti-obesity medications in cases where the beneficiary does not have another health condition beyond obesity or being overweight. Under the new proposal, plans would be able to cover these drugs for beneficiaries who are obese but not those who are overweight. Additionally, Medicaid plans would be prohibited from excluding anti-obesity drugs if used to treat obesity. The rule also includes proposals to strengthen prior authorization and utilization management guardrails under the MA program. The rule, if finalized, would also codify previously issued guidance about implementing the provision of the Inflation Reduction Act that will allow Part D beneficiaries to spread out their out-of-pocket costs monthly instead of paying all at once.  

But here is the kicker: it will be up to the Trump administration to finalize the rule, so what can we expect from the incoming administration on this proposed rule? Well, we know that President-Elect Trump’s nominees to head Health and Human Services (RFK Jr) and the Centers for Medicare and Medicaid Services Administration (Dr. Oz) don’t see eye to eye on anti-obesity medication. 

RFK Jr. has criticized these drugs, but Dr. Oz has expressed support for them. We also know Dr. Oz has been a strong supporter of MA, so if he is confirmed, MA plans may have a more friendly voice within the administration.  

As far as how the Trump administration will handle the implementation of the IRA, it’s about as clear as Thanksgiving gravy! Congressional Republicans have criticized the Medicare price negotiations as price controls. However, President-Elect Trump did pursue several proposals to reduce drug prices. Combine that with the unconventional pick of Dr. Oz to run CMS, and you’ve got a recipe for a potential surprise.  

The Senate  

The Senate Democratic Caucus will hold its leadership elections for the 119th Congress on December 3. The most hotly contested race will be between Senator Amy Klobuchar (D-MN) and Senator Corey Booker (D-NJ) to take over leadership of the Democratic Policy and Communications Committee from retiring Senator Debbie Stabenow (D-MI).  

In addition to the Senate Democratic leadership races, we will be watching for any news related to the makeup of key health care committees in the Senate, including the Senate Finance Committee, which has jurisdiction over Medicare and Medicaid.  

Due to retirements and the results of the 2024 elections, 5 Democratic senators currently serving on the Senate Finance Committee will not be returning for the 119th Congress. Even though the Senate Democratic Conference will have fewer seats on that committee, there will still be a need to fill some of these vacancies. Senator Bernie Sanders (I-VT) made news on November 22 by announcing his desire to serve on the Senate Finance Committee, which would be in addition to his service as the ranking member of the Senate Committee on Health, Education, Labor, and Pensions (HELP) in the next Congress.  

Other Democratic senators who have reportedly expressed interest in joining Senate Finance include Sens. Tina Smith (D-MN), Raphael Warnock (D-GA), and Corey Booker (D-NJ).  

We predict the GOP will gain 2-3 seats on the Senate Finance Committee due to the revised committee ratios. No Republicans currently serving on the Senate Finance Committee are retiring or lost reelection.  

We will also be watching to see if congressional appropriators will respond to the letter from Senator Ted Budd (R-NC) and other senators from states impacted by recent hurricanes, requesting approval of the Biden administration’s request for supplemental funding request for disaster relief.  

Additionally, the Senate HELP Committee is holding a hearing on December 5 about what the Food and Drug Administration is doing to regulate the food and beverage industry in light of the diabetes and obesity epidemics in America.  

The House  

Since the House of Representatives is the starting point for appropriations bills, let’s check in on where things stand on that front. From what we are hearing, it sounds like the House will be teeing up a short-term (3-4 month) continuing resolution – delaying any funding decisions for FY 2025 until the new Congressional session. 

We also expect this bill will not include anything related to health care beyond the health care extenders. Based on analysis from recent Congressional Budget Office scores, we estimate extending these health care policies for a few months will cost $2-3 billion. Only acting on health care extenders is bad news for advocacy groups, which have been urging Congress to include other policy changes in any year-end legislation. Physician groups have been hoping that Congress might address concerns about how doctors’ pay under Medicare is calculated, but that seems unlikely to happen.  

Additionally, the House Oversight and Accountability Select Subcommittee on the Coronavirus Pandemic will be holding a markup of their final report on December 4. 

There You Have It 

We recently posted about unique Thanksgiving food on LinkedIn. We’d love to hear if any of these (or any others) made it on your table this year. Make it a great week!  

Week Ahead: Seasons of Change

As President-Elect Trump builds out his forthcoming second administration, the changing colors of the leaves and cooler temperatures aren’t the only signs of change this autumn. Washington is still reeling from some surprising picks, such as former Rep. Matt Gaetz (R-FL-1) for Attorney General, Robert Kennedy Jr. for Secretary of Health and Human services, and Pete Hegseth for Secretary of Defense.  But this Congress and administration aren’t done yet – there is still a lot to track in Washington. So, let’s get into it. Welcome to the Week Ahead!  

The Administration 

As President Biden plans for the end of his term (and pardons his last turkey), his administration is focused on immigration and reproductive health care. At this point, however, there is not much that they can do beyond messaging.  

But that doesn’t mean everything is quiet on health care.  

  • On November 15, the Drug Enforcement Agency (DEA) published its intent to extend  telemedicine flexibilities for prescribing of controlled medications through December 31, 2025. 
  • We are also waiting for the proposed Contract Year 2026 Medicare Advantage, Prescription Drug Benefit, and Medicare Cost Plan rule.  Expect this one in December. Biden has made addressing concerns about prior authorization in Medicare Advantage a priority and this has also garnered bipartisan interest on Capitol Hill. So, this is definitely an issue to watch for in the new year.   

The Senate  

Senate Appropriations Committee Ranking Member Sen. Susan Collins (R-ME) wants Congress to focus on wrapping up funding for fiscal year 2025. She noted that congressional leaders need to reach a topline spending agreement by November 22 in order for final bill language to be drafted, reviewed, and passed before the current funding deadline of December 20.  Yes, even with all the effort so far, it takes that long! Can Congress come together this week or will they punt the decision once again? 

One thing we do know is that the Senate will be working through a long list of judicial nominees. Senate Democrats want to fill as many openings as possible before the Senate and the White House come under GOP control.  As of November 17, 2024, there are 45 total vacancies across the court system, with 15 nominations pending. How many can they get across the finish line?  

The House 

House Republicans held their leadership elections on November 13 with no big surprises. It looks like House Democrats are largely set to follow suit on November 19. Watch the race for chair of the Democratic Policy and Communications Committee as Rep. Jasmine Crockett (D-TX-30) is challenging current chair Rep. Debbie Dingell (D-MI-6).  Whoever ends up with the job will have their hands full in determining how the party will message for the next 2 years in the minority.  

Another thing to watch for is if President-Elect Trump is done picking House members from the already thin GOP majority to serve in his administration. Even though the members he has picked so far are generally seen as being from safe GOP districts, special elections can be unpredictable.  

In addition to counting their members, House GOP leadership is certainly going to be listening for any clues from President-Elect Trump about what he wants in terms of year-end government funding and appropriations deals. Any statements from Trump could have a major impact on how the House GOP decides to move forward.  

There You Have it 

If you can believe it, next Thursday is Thanksgiving! Check out this website if you are interested in reading up the history of the Holiday. Make it a great week!  

Week Ahead: GOP Rides a Red Wave

After what can only be described as an historic campaign and election, members of Congress are returning to Washington with mixed emotions. Republicans return celebrating what has turned out to be a rout for their side, and Democratic members come back trying to figure out how they will respond to the disheartening results. Let’s dig into everything happening this week in Washington. Welcome to the Week Ahead!  

The Administration 

One name above any other is surfacing among Democratic officials and staff in conversations about who is to blame for the election results, and it’s not Vice-President Kamala Harris, Sen. Chuck Schumer (D-NY), or Vladimir Putin. It’s President Joe Biden. Former House Speaker Nancy Pelosi (D-CA-11) summarized these feelings in a podcast interview with the New York Times saying “had the president [Biden] gotten out sooner, there may have been other candidates in the race.” The only thing President Biden can do now is use his remaining time in office, and his bully pulpit, to advocate for the preservation of his policies.  

Meanwhile, President-elect Trump and his team are looking to fill out his forthcoming administration as quickly as possible. Former Presidential Campaign Co-Chair Susie Wiles will be his chief of staff and the first woman to hold this position, and Stephen Miller will be re-joining as deputy chief. Additionally, President-elect Trump has announced that he intends to nominate Rep. Elise Stefanik (R-NY-21) to be the U.S. Ambassador to the United Nations, along with selecting former Acting Director of Immigration and Customs Enforcement Tom Homan as the administration’s border czar. He also reportedly will ask Sen. Marco Rubio (R-FL) to serve as Secretary of State.  

The Senate 

All eyes are on the November 13 vote for Senate Majority Leader, when Republicans will hold a secret ballot to name either Sens. John Thune (R-SD), John Cornyn (R-TX), or Rick Scott (R-FL) to the top spot.  (We have our preference for sure!)  As of this writing, President-elect Trump has not endorsed a candidate.  His signaling to Senate Republicans whom his preference is to govern with could tip the scales for the intra-caucus vote.   

The loss of the Senate majority for the Democratic party means Democrats will lose committee seats and funding for committee offices and staff.  

The initial focus of the Senate in 2025 will be confirming the new administration’s cabinet.  And while 53 seats is a more comfortable majority than recent Congressional sessions, Senate Republicans  don’t have the 60-seat majority needed to overcome the new best friend of Senate Democrats, the filibuster. The fact that Senate Republicans will need Democratic votes to move most major legislative initiatives certainly gives a shot of bipartisan hope through the shrunken Democratic caucus.  

What else will we be watching for in the upper chamber this week? Democratic leaders will also be holding their leadership elections but those are looking likely to maintain Sen. Chuck Schumer (D-NY) as Minority Leader.  Senate Democrats will also be developing a plan to get as many of their judicial nominees through before the end of the session.  

The House 

At the time of writing, Republicans are sitting at somewhere around 214 to 219 seats and they need 218 to maintain the majority. Looking at the races that have yet to be called, it looks like Republicans will beat expectations and hold the House.  

With Republicans looking to have control over the White House and both Houses of Congress for the first time since 2017, we will be watching to see if some House Democrats start seeing greener grass off the Hill. House Democratic leadership will want to prevent as many of these resignations as possible, since they will need every vote to oppose the Republican White House and Senate.  

However, just like in the Senate, Democrats have reasons for some optimism. If past is prologue, a slim Republican majority could cause headaches for Speaker Johnson (R-LA-4), and he may have to depend on Democratic members to get must pass bills over the finish line. House Democrats may also look to assist their counterparts in the Senate by vocalizing opposition to Trump appointments and legislation moving in that chamber.  

A slim majority for Republicans means that there is little room for defections, retirements, or the accepting of appointments in a Trump Administration without putting control of the House in jeopardy.  And with Rep. Elise Stefanik (R-NY-21) and Rep. Michael Waltz (R-FL-6) likely heading to the new administration, Speaker Johnson (R-LA-4) may want to start stocking up on aspirin. 

Both sides of the aisle are also looking ahead to leadership elections with Republicans set to meet on November 13 and Democrats on November 19. The Republican leadership elections were looking like they’d be uneventful, but with Rep. Stefanik’s impending departure as House Republican Conference Chair, there are already three declared candidates for the position (Rep. Lisa McClain (R-MI-9), Rep. Kat Cammack (R-FL-3), and Rep. Erin Houchin (R-IN-9)). Republican Conference Vice-Chair Rep. Blake Moore (R-UT-1) is also rumored to be throwing his hat in the ring. Committee seats and committee leadership won’t be decided this week – those decisions will happen closer to December when the House Republican Steering Committee and Democratic Steering and Policy Committees meet.  

And hey, let’s not forget about that upcoming December 30 deadline to fund the government!  

There You Have It 

No matter who you voted for on November 5, one thing we can all agree on is honoring our Veterans. We at Chamber Hill Strategies are grateful to those who have served our country and for those who wear the uniform even now.  Make it a great week! 

Week Ahead: Last Week, Best Week?

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!  

Week Ahead: Debates, Deadlines, and Democracy!

With the first (only?) Harris vs. Trump debate behind us, Congress is looking to get a funding deal as they try to get back on the campaign trail ahead of the election. We are hearing the chances are increasing for a bipartisan continuing resolution, but with this Congress in this election cycle, anything is possible. With that, let’s get into it. Welcome to the Week Ahead!  

The Administration 

The Department of Health and Human Services’ Office of Research Integrity ( HHS ORI) is scheduled to publish a rule on September 17 that finalizes the 2024 Public Health Service (PHS) Policies on Research Misconduct, which has not been updated for 19 years. HHS noted that many public comments on this rule expressed general support for better execution and oversight of research misconduct proceedings.  

Oversight of federally funded research has also recently received bipartisan interest in Congress. On September 9, the House of Representatives passed the BIOSECURE Act (H.R.8333) by a vote of 306-81. This bill would prohibit federal agencies from awarding contracts, loans, or grants to biotech companies owned by foreign adversaries. We will be watching to see if this bipartisan interest in oversight of federal funding of research continues into the next Administration and the next Congress.  

The Senate  

Schumer Plans Second Vote on IVF Bill 

Senate Majority Leader Chuck Schumer (D-NY) announced that the Senate plans to hold a second vote on legislation to protect access to vitro fertilization (IVF), a type of fertility treatment. Sen. Schumer has criticized Republicans for previously opposing bringing the legislation up for a vote in June (although Sens. Lisa Murkowski (R-AK) and Susan Collins (R-ME) did vote to bring the bill up for debate).  

We do not expect the bill to move forward this time around, and we suspect Sen. Schumer knows it won’t either. But it is a good opportunity for the Majority Leader to highlight the issues of abortion access and reproductive health, which have generally been seen as winning issues for Democrats following the overturning of Roe v. Wade 

SFC Highlights IRA Ahead of November  

Speaking of highlighting issues before the election, the Senate Finance Committee is scheduled to hold a hearing on the impact of the Inflation Reduction Act on health care costs. As is often the case with congressional hearings, you can identify how the majority feels about the issue or issues being addressed in the hearing by the title: “Lower Health Care Costs for Americans: Understanding the Benefits of the Inflation Reduction Act.”  

We expect Democrats on the committee to use the hearing to praise the Biden-Harris (with perhaps more emphasis on Harris) Administration for implementing the law and highlight how Medicare is already in the process of negotiating drug prices for Medicare beneficiaries to reduce costs. Expect Republicans to counter with charges that the law implements price controls that deny seniors access to innovative treatments and will cause health plans to raise premiums.  

Other Senate Health Hearings     

  • 9/18: Senate Homeland Security and Governmental Affairs Committee business meeting (agenda includes S.4667, the Risky Research Review Act, to create a board to oversee potentially risky scientific research) 
  • 9/19: Senate Health, Education, Labor, and Pensions Committee executive session to consider contempt resolutions against Steward Health Care CEO for refusal to testify  

The House 

Health Markups Maybe on the Horizon  

It sounds like some health care bills might make an appearance in upcoming House Committee markups. Specifically, we are hearing that the House Energy and Commerce Committee is looking to a markup this week which may include extending COVID telehealth flexibilities and other health care bills. Additionally, the House Ways and Means Committee might be looking to move on rural health legislation before the House adjourns at the end of September.  

We will be watching to see if any of these bills make it into an end-of-the-year legislative package.  

Health Care Week at Last? 

We previously reported on the potential for a “health care week” where the House might consider several bills related to health care. Although that never materialized, we expect to see a lot of health care action this week.  

House Majority Leader Steve Scalise (R-LA) announced the schedule for floor action that includes several health care bills on topics such as Medicaid access to care, reauthorization of funding for disease-specific research programs, telemedicine, and more. You can find the list of these bills (along with links to bill text) here 

Passing the House is one thing, but might these bills be included in an end-of-the-year legislative package?  It’s always easier to get bills included in an end-of-the-year package if they are bipartisan and have passed one chamber of Congress. The health care bills that could be considered this week all meet the first part of that criteria. For example, H.R.4758, the Accelerating Kids’ Access to Care Act has 76 Democratic and 48 Republican cosponsors.  

Other Health Care Hearings  

  • 9/18: House Ways and Means Health Subcommittee hearing on chronic disease prevention and treatment 
  • 9/18: House VA Health Subcommittee hearing on oversight of the Veterans Suicide Hotline 
  • 9/18: House VA Health Subcommittee markup  

There You Have It 

On September 17, we celebrate Constitution Day because this is the date the document was signed back in 1787. Check out this list of facts about the Constitution from the National Archives. Do you have any fun facts about the Constitution? Let us know! Make it a great week!