The House and Senate were both in session this week, and behind-the-scenes work continued on a stopgap funding bill, known as a continuing resolution (CR), that Congress needs to approve before the current fiscal year ends on September 30. Congress began phase III of its reopening plan in the wake of the COVID-19 pandemic, bringing relaxed entry requirements, tour resumptions and additional glimmers of pre-pandemic normalcy back to Capitol Hill. The president released an executive order (EO) on advancing biotechnology, reported on the progress of his cancer moonshot initiative and appointed the first director of the new Advanced Research Projects Agency for Health (ARPA-H).
CR Negotiations Continue as September 30 Fast Approaches. Congress now has just two weeks to avert a government shutdown. Lawmakers continue to seek an agreement on a stop-gap CR to keep programs funded when the new fiscal year begins on October 1, in the absence of the completion of traditional FY 2023 appropriations bills.
Democrats and Republicans are reportedly in agreement on the duration of the CR through December 16, to provide Congress with additional time in the post-election lame duck session to reach a long-term appropriations agreement for the remainder of FY 2023. Partisan differences remain on potential funding and policy add-ons, however.
A key point of contention is whether Democrats can attach an energy permitting reform provision that Senate Majority Leader Schumer (D-NY) promised to Senator Manchin (D-WV) as a condition for his support for the Inflation Reduction Act. The provision—the text of which has not been released yet—has met with resistance from Republicans as well as progressive Democrats.
Democrats and Republicans also have not agreed on whether, and to what extent, to include President Biden’s recent $47.1 billion supplemental funding request, which included $22.4 billion in additional COVID-19 funding, $4.5 billion for monkeypox, and additional funding in response to the ongoing war in Ukraine and recent natural disasters.
It appears the Senate will move first on the CR, given that bipartisan cooperation is necessary to secure the 60 votes required for passage in the 50-50 Senate. House Speaker Pelosi (D-CA) will have to keep most of the progressive wing of her caucus in line in order to advance a Senate-passed CR in advance of the September 30 deadline.
House Passes MA Prior Authorization Legislation While Committee Considers Other Healthcare Bills. On September 14, the House Energy and Commerce Health Subcommittee met to consider five pieces of legislation.
The subcommittee advanced the following bills:
The MA prior authorization bill, which the House Ways and Means Committee considered over the summer, was brought to the House floor on September 14, where it passed by voice vote. The legislation had a strong backing from many healthcare provider groups that have voiced concerns about the cost, administrative burdens and disruptions to patient care as a result of prior authorization practices. While the bill only applies to Medicare Advantage plans, it would help streamline prior authorization requests via an electronic pathway and would require plans to follow transparency requirements. Senate consideration of the bill before the lame duck session is unlikely.
Ways and Means Committee Holds Hearing on the Healthcare System and the Climate Crisis. On September 15, the House Ways and Means Committee held a hearing to discuss preparing the nation’s healthcare infrastructure for the climate crisis. The hearing follows the requests for information (RFIs) that Chairman Neal (D-MA) issued earlier this year to various healthcare organizations seeking input on efforts to address climate-related issues.
Moments before the hearing began, the committee released a five-part report titled “Health Care and the Climate Crisis: Preparing America’s Health Care Infrastructure” that provides a comprehensive analysis of the RFI responses the committee received from health systems, hospitals, dialysis companies, nursing homes, community health centers, trade associations and others.
The five parts of the report focus on the following:
A full list of RFI respondents can be found here. The Ways and Means Committee intends to build upon the report through continued work with the Administration and healthcare providers nationwide.
President Biden Announces Updates Related to Cancer Moonshot, Biotechnology and ARPA-H. On September 12, President Biden issued several healthcare-related updates, anchored by a speech marking the 60th anniversary of President Kennedy’s original moonshot speech.
In his address, President Biden discussed the details of another moonshot—the cancer moonshot. This effort, which was originally announced by then-Vice President Biden during the Obama Administration, has been reignited during the Biden Administration.
Earlier this year, the Administration formed a Cancer Cabinet, which is working to advance priority actions related to closing the screening gap, understanding and addressing environmental exposure, decreasing the impact of preventable cancers, advancing cutting-edge research, and supporting patients and caregivers. The president’s speech reported on progress and next steps in these areas.
President Biden also signed an EO on Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy. This new initiative intends to accelerate biotechnology innovation and grow the nation’s bioeconomy across multiple sectors, including healthcare. It also seeks to drive advances in biomanufacturing that will substitute fragile supply chains from abroad with strong chains at home, improve food and energy security, drive agricultural innovation while mitigating the impacts of climate change, and help people live longer and healthier lives through advances in medicine. This fact sheet from the White House provides additional details on the EO.
Further, President Biden announced his intention to appoint Dr. Renee Wegrzyn—who joined the president at his speech in Boston—to be the first director of ARPA-H, the newly established agency to drive biomedical innovation.
The House and Senate will both be in session next week as work continues on a CR to keep government programs funded until after the midterm elections.
For more information, contact Debra Curtis, Kristen O’Brien or Erica Stocker.
To subscribe to the McDermottPlus Check-Up, please CLICK HERE.