McDermott+ Check-Up: December 13, 2024 - McDermott+

McDermott+ Check-Up: December 13, 2024

THIS WEEK’S DOSE


  • Senate Special Committee on Aging Holds Hearing on People with Disabilities. The hearing reviewed the current state of federal disability policy and outgoing Chair Casey’s (D-PA) contributions.
  • House Votes on FY 2025 NDAA. The House passed the fiscal year (FY) 2025 National Defense Authorization Act (NDAA), a key “must pass” bill for the 118th Congress that includes a few healthcare policies.
  • Congress Negotiates Health Extenders. Negotiations continue as lawmakers work to include a broader health package in the pending continuing resolution (CR).
  • Health-Related House Committee Leaders Chosen. Rep. Guthrie (R-KY) will serve as House Energy & Commerce Committee Chair, and other key committee leaders will stay in their roles.
  • ASTP/ONC Releases Slimmed-Down HTI-2 Final Rule. The Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (ASTP/ONC) final rule focuses on provisions related to TEFCA and does not include all of the policies originally proposed.

CONGRESS


Senate Special Committee on Aging Holds Hearing on People with Disabilities. Senators and witnesses acknowledged the significant barriers that exist for Americans with disabilities and discussed current and proposed federal disability policies. During the hearing, Chair Casey, who lost reelection and will not return to the Senate, released a series of issue briefs detailing his record chairing the committee. The briefs focused on government technology accessibility, home care, nursing homes, prescription drug costs, and economic security for older adults, and can be accessed here.

House Votes on FY 2025 NDAA. In a vote of 281 – 140, the House approved the FY 2025 NDAA, moving forward a key “must pass” bill for the 118th Congress that includes a few healthcare policies. Although the final bill text removed amendments related to the Pentagon’s abortion travel policy and medical treatment for transgender troops, many Democrats remained opposed to the bill’s ban on gender-affirming care for minors on TRICARE. Also of note, the NDAA did not include the BIOSECURE Act, which would have prohibited federal agencies from procuring, purchasing, or obtaining biotechnology equipment or services from “companies of concern” in adversarial countries, such as China.

Congress Negotiates Health Extenders. As Congress moves to enact a CR prior to the December 20, 2024, government funding deadline, lawmakers have continued bipartisan, bicameral negotiations on inclusion of a health package that would go beyond a simple short-term extension of key expiring health provisions, such as community health center funding, funds for safety net hospitals, and Medicare telehealth flexibilities. If negotiations are successful, we will see this package in the coming days.

Health-Related House Committee Leaders Chosen. Previous House Energy & Commerce Health Subcommittee Chair Rep. Guthrie (R-KY) will chair the full committee in the 119th Congress. Rep. Smith (R-MO) will remain the House Ways & Means Committee chair. Reps. Pallone (D-NJ) and Neal (D-MA) will also remain ranking members of the House Energy & Commerce and Ways & Means Committees, respectively.

ADMINISTRATION


ASTP/ONC Releases Slimmed Down HTI-2 Final Rule. The Health Data, Technology, and Interoperability: Trusted Exchange Framework and Common Agreement (TEFCA) (HTI-2) final rule includes policies related to the TEFCA Manner Exception and implements provisions aimed at supporting reliability, privacy, security, and trust within the national exchange network. The rule also includes corrections and updates to current regulatory provisions of the ONC Health IT Certification Program. The final rule omits many of the policies that were included in the July 2024 HTI-2 proposed rule. Those proposals remain under further review and development.

The final rule was posted for public inspection in the Federal Register and is scheduled to be published on December 16, 2024. ASTP/ONC’s timeline for review, development, and potential finalization of the policies that were proposed but ultimately omitted from the HTI-2 final rule remains unclear. The incoming Trump Administration will likely be averse to greater regulation of technological innovation. Another final rule addressing the Protecting Care Access proposals is currently awaiting review by the Office of Management and Budget.

QUICK HITS


  • CMS Innovation Center Releases Report to Congress. This is the Centers for Medicare & Medicaid Services (CMS) Innovation Center’s seventh report to Congress and includes information about strategic accomplishments, outreach initiatives, evaluation, model tests, and supporting activities.
  • CMS Holds Webinar on HCBS Grievance Systems. The grievance system for home- and community-based services (HCBS) provided in fee-for-service Medicare must be implemented by July 9, 2026. CMS’s webinar discussed how the system is being used for beneficiaries to share their complaints. The webinar recording, slides, and transcript will be posted here.
  • MedPAC Holds December Public Meeting. The Medicare Payment Advisory Commission (MedPAC) meeting sessions assessed payment adequacy and discussed updating payments for physicians, hospital inpatient and outpatient services, rural emergency hospitals, skilled nursing facilities, inpatient rehabilitation facilities, home health services, hospice services, and outpatient dialysis services.
  • MACPAC Holds December Public Meeting. The Medicaid and CHIP Payment and Access Commission (MACPAC) agenda included sessions about oversight of Medicaid managed care organizations, HCBS, the Medicare Advantage calendar year 2026 proposed rule, and transitions of care for children and youth with special healthcare needs.
  • FTC Sends Warning Letters to Companies Advertising ACA Marketplace Plans. The Federal Trade Commission (FTC) sent 21 warning letters to companies that market or generate sales leads for Affordable Care Act (ACA) healthcare plans. The letters provide guidance and put the companies on notice about deceptive or unfair claims.
  • GAO Issues Recommendations for VHA Oversight. The US Government Accountability Office (GAO) report recommended that the Veterans Health Administration (VHA) take steps to increase the capacity of their oversight and audit offices.
  • CBO Releases Report on Impact of Expanded Premium Tax Credit Expiration. The Congressional Budget Office (CBO) report found that if the premium tax credits expire, the number of uninsured individuals will rise by an average of 3.8 million per year over the 2026 – 2034 period.
  • 2025 Dietary Guidelines Advisory Committee Releases Scientific Report. The report contains the committee’s independent findings and advice to the US Department of Health & Human Services (HHS) and US Department of Agriculture.
  • OIG Issues Special Fraud Alert. The HHS Office of Inspector General (OIG) alert warns Medicare Advantage organizations (MAOs), providers, agents, and brokers about fraud and abuse risks associated with arrangements between MAOs and providers.

NEXT WEEK’S DIAGNOSIS


Congress will be in session next week, in what is expected to be the final week of the 118th Congress. As the clock ticks down to the December 20, 2024, government funding deadline, we await the outcome of negotiations on the health extenders and potential additional healthcare policies that may be included in the stop-gap CR that is expected to run through March 2025. Several public health research and program authorization bills have also been placed on the House suspension calendar, and more could be added. Inclusion on this list does not guarantee the House will consider a bill, but it is a positive indicator.


For more information, contact Debra CurtisKristen O’Brien, Erica Stocker, Julia Grabo, or Maddie News.

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