Key Biden Administration health officials move forward in their confirmation process and the President directs the Office of Civil Rights to revert to Obama-era policy on LGBTQ discrimination in healthcare.
Palm secures confirmation as Brooks-LaSure advances on slim margins. The Department of Health and Human Services (HHS) now has a second-in-command following a 61-37 Senate vote to confirm Andrea Palm as Deputy Secretary. Palm will step into a key operational role within the administration, helping execute the policy priorities laid out by President Biden and HHS Secretary Xavier Becerra. Just a day after the Senate confirmed Palm, Senate Majority Leader Chuck Schumer also advanced Chiquita Brooks-LaSure’s nomination to the post of Centers for Medicare and Medicaid Services (CMS) Administrator, but did so with the narrowest of margins on 51-48 procedural vote. While Brooks-LaSure is expected to be confirmed with a final vote prior to the Senate’s next recess on May 28, her confirmation has been a proxy battle over the Biden Administration’s revocation of Texas’ Section 1115 Medicaid Waiver. Another perceived slight could further undermine support and compromise her nomination.
Biden Administration directs HHS to begin enforcing LGBTQ discrimination claims. Returning to an Obama-era policy, the Biden Administration announced it would reinstate protections under Section 1557 of the Patient Protection and Affordable Care Act (ACA). That section and accompanying regulations outline that an individual “shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the grounds prohibited” on the basis of sex, race, color, national origin, age or disability. While widely expected after the President issued a day-one Executive Order on gender protections, it is unclear exactly how the Administration intends to effectuate this policy change, leaving the door open for litigation on issues of religious freedom and administrative procedure.
The Senate Appropriations Committee will look at the CDC budget proposal for FY2022. The Senate Finance will examine lessons learned from COVID-19 healthcare flexibilities, while the Senate Judiciary Committee will hold a hearing on hospital consolidation concerns. Senate Homeland Security will hear testimony on securing the nation’s medical supply chain. The House Committee on Oversight and Reform will hold part three of a series on unsustainable drug pricing.
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