Senate Finance Chair Continues Inquiry into MA Marketing Techniques. Chairman Wyden (D-OR) sent letters to five third-party marketing organizations that participate in the MA enrollment period. The letters seek information on what tactics the companies use to target, market to, and direct seniors toward certain MA plans. This inquiry follows the committee’s previous work investigating MA practices, including a hearing last fall that examined the upcoming MA enrollment period and marketing rules. The chairman’s press release on this issue can be found here.
Senate Aging Committee Holds Hearing on Long-Term Care. The hearing included discussion from advocates and professionals on how to improve access to and quality of assisted living facilities for older Americans. Witnesses shared experiences with assisted living facilities with poor facility conditions and poor quality of care. They also noted that high costs and understaffing make assisted living facilities inaccessible. Democrats expressed concern about private equity firms gaining ownership of assisted living facilities and lowering quality of care while reducing staffing. Many senators emphasized the need for a national standard for transparency of costs and quality in assisted living facilities. There was agreement that assisted living facilities need a well-trained workforce.
Senators Call for New Agency to Centralize Regulation of Digital Platforms. Senators Warren (D-MA), Bennet (D-CO), Graham (R-SC) and Welch (D-VT) wrote to Majority Leader Schumer (D-NY) to call for a new independent federal agency to oversee and regulate large technology firms. The senators’ call follows Senate Artificial Intelligence (AI) Insight Forums organized by Leader Schumer and others, which underscored the need for a comprehensive approach to AI and the Big Tech companies in this sector. The letter cites the need for one agency to act across sectors, as opposed to a potentially fragmented approach across numerous federal agencies.
As mentioned in Sen. Warren’s press release, Sens. Warren, Bennet, Graham and Welch all have introduced legislation to create a dedicated agency to regulate dominant digital platforms. Last year, Graham and Warren introduced the Digital Consumer Protection Commission Act to establish a new commission to regulate online platforms, promote competition, protect privacy, protect consumers and strengthen national security. In 2022, Bennet and Welch introduced the Digital Platform Commission Act to create an expert federal agency able to regulate digital platforms to protect consumers, promote competition and defend the public interest.
White House Holds Briefing on Reproductive Healthcare. On January 22, the White House held a briefing regarding reproductive care on the 51st anniversary of Roe v. Wade. Administration officials, including the Centers for Medicare & Medicaid Services (CMS), announced a comprehensive plan to educate all patients about their rights and to help ensure hospitals meet their obligations under the Emergency Medical Treatment and Labor Act. Also, the US Departments of Health and Human Services (HHS), Labor and the Treasury issued new guidance to clarify standards and support expanded coverage of a broader range of US Food and Drug Administration approved contraceptives at no cost under the Affordable Care Act. The briefing also highlighted the fourth convening of the Task Force on Reproductive Healthcare Access, which included discussion on new actions to protect access to reproductive healthcare. A White House fact sheet on the task force can be found here.
HHS Holds Meeting with Healthcare Providers on COVID-19 Therapeutics Commercialization. HHS and Pfizer leadership met with healthcare provider groups to highlight the pathways for a smooth transition of oral antivirals for COVID-19, including Paxlovid, to the commercial market. The meeting emphasized the importance of provider education and clear communication to consumers. HHS leadership reminded providers that no patient should be forced to pay the full out-of-pocket cost to access Paxlovid, regardless of their insurance status. HHS noted that anyone who faces difficulties at the pharmacy counter should be directed to the PAXCESS patient assistance program (PAP).
Per HHS’s agreement with Pfizer announced on October 13, 2023, all individuals who are on Medicare or Medicaid, or who are uninsured, will continue to be able to access Paxlovid for free through the end of 2024. On January 4, 2024, CMS issued guidance describing how Medicare Part D plans can operationalize agreements with Pfizer to allow their enrollees to access Paxlovid at no cost through the plan without needing to enroll in the PAP.
More resources are available for both providers and patients on Paxlovid’s website.
The House and Senate are scheduled to be in session next week, with healthcare activity at the committee level, including a Senate Health, Education, Labor & Pensions Committee hearing on prescription drug costs and a House Energy & Commerce hearing on healthcare costs.
For more information, contact Debra Curtis, Kristen O’Brien, Priya Rathakrishnan or Erica Stocker.
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