With the elections only a few weeks away, both parties are focusing on broad messaging to voters, with Democrats touting reproductive health and access concerns and Republicans keeping up the drumbeat on the state of the economy and inflation. We expect little action in Congress until both chambers return in November.
Lawmakers Write to DEA, SAMHSA on Opioid Treatment Flexibilities. On October 14, Reps. Kuster (D-NH) and Trahan (D-MA) sent a letter to the US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) requesting the extension of temporary telehealth flexibilities for the treatment of opioid use disorder.
The letter states that telehealth flexibilities throughout the COVID-19 pandemic have allowed providers to respond to opioid use disorder, including the ability to quickly start buprenorphine to address withdrawal symptoms. The letter also notes that the currently unpredictable future of coverage for audio-only telehealth for buprenorphine initiation creates additional barriers for patients and uncertainty for healthcare professionals.
The lawmakers request that DEA and SAMHSA take the following actions:
Medicare 340B Payment Update. As we reported last week, the Centers for Medicare & Medicaid Services (CMS) announced that it is ending the nearly 30% Medicare outpatient drug payment cut for 340B hospitals for the remainder of 2022. Medicare Administrative Contractors are now indicating that this payment cut reversal will apply for all 2022 claims, not just for claims processed on or after September 28—the date the cuts were ordered to end. Additional clarity is expected in the final Outpatient Prospective Payment System rule for 2023, which is due to be released in the coming days. Our team will continue to provide updates on this front.
President Releases National Biodefense Strategy. On October 18, President Biden signed the National Security Memorandum-15 (NSM-15) and launched the National Biodefense Strategy and Implementation Plan for Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security.
The strategy seeks to ensure that the United States is prepared for outbreaks from any source—whether naturally occurring, accidental or deliberate in origin—and sets forth objectives related to the following:
To support the strategy, NSM-15 takes steps to strengthen the coordination of biodefense efforts by centralizing oversight of policy coordination at the White House, and by prioritizing biodefense and the strategy’s implementation in agencies’ annual budgets, among other efforts.
According to a White House fact sheet, the Administration is already implementing key actions in the strategy with existing funding, although fully achieving the strategy’s objectives will require congressional support to provide additional resources. Such resources include a requested $88 billion over five years for pandemic preparedness and biodefense, which the Administration is seeking to have included in the end-of-year funding bill during the upcoming lame duck session.
Congress remains in recess until after the midterm elections on November 8. Regulatory updates are expected soon, including the release of final payment rules for physicians and hospital outpatient services.
For more information, contact Debra Curtis, Kristen O’Brien or Erica Stocker.
To subscribe to the McDermottPlus Check-Up, please CLICK HERE.
