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Congress’ post-Thanksgiving menu

Presented by The American Cancer Society Cancer Action Network: Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
Nov 21, 2023 View in browser
 
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By Ben Leonard and Chelsea Cirruzzo

Presented by

The American Cancer Society Cancer Action Network

PROGRAMMING NOTE: We’ll be off for Thanksgiving this Thursday and Friday but back to our normal schedule on Monday, Nov. 27.

Driving the Day

President Joe Biden sits at his desk in the Oval Office.

President Joe Biden signed a spending plan last week, but the future of some health policies remain up in the air. | Andrew Harnik/AP

GOVERNMENT FUNDED. NOW WHAT? Congress funded the government with a stopgap measure into the new year, but many health policy priorities remain to be addressed.

The spending plan that Congress passed and President Joe Biden signed into law last week would set two deadlines for funding the government. The first, Jan. 19, would include the spending bill that funds the FDA, and the second, Feb. 2, would include the bill that funds HHS. The law also delayed cuts to hospitals with large portions of Medicaid or uninsured patients through Jan. 19.

Although there won’t be an omnibus spending package — to the dismay of some doctor groups seeking to stave off pay cuts and others seeking to tack on legislation — health legislation could move as standalone bills or riders on packages.

Short-term skepticism: Time is tight, especially with deep divisions over the Labor-HHS and Agriculture-FDA spending packages. House leadership pulled the Labor-HHS bill from consideration last week amid GOP infighting over spending levels and abortion provisions. The Senate and the House must reconcile packages that rein in pharmacy benefit managers and bolster price transparency.

Larry Bucshon (R-Ind.) has told POLITICO that the absence of an omnibus forces lawmakers to find another window to take action. Reauthorizing the SUPPORT Act — which aims to curb the opioid epidemic — is possible, he said. A GOP aide granted anonymity to discuss pending legislation said they’d like to see the transparency package and SUPPORT Act reauthorization move as standalones.

Some other provisions lawmakers want to move would:

— Reauthorize the Pandemic and All-Hazards Preparedness Act, or PAHPA, which has seen most of its provisions expire. It faces opposition from Freedom Caucus members like Rep. Chip Roy (R-Texas.).

— Reauthorize the U.S. global HIV program, PEPFAR, which has run into opposition from some Republicans who argue it indirectly supports abortion. The White House, the State Department and PEPFAR supporters and beneficiaries have all denied any link to abortion.

— Reverse doctor Medicare payment cuts taking effect in January, though lobbyists for doctor groups are lowering expectations, saying they expect to try to reduce the cuts instead of eliminate them.

Sen. Raphael Warnock (D-Ga.) told reporters last week he aims for a vote to address insulin pricing before the end of the year. And telehealth advocates hope to address the expiration of a pandemic provision allowing telehealth to be treated as an “excepted benefit,” which would permit employers to offer the service as a separate, tax-free benefit.

WELCOME TO TUESDAY PULSE. Reps. David Trone (D-Md.) and Mike Flood (R-Neb.) introduced legislation that would standardize measurements of the “loneliness epidemic.” Reach us at bleonard@politico.com or ccirruzzo@politico.com. Follow along @_BenLeonard_ and @ChelseaCirruzzo.

TODAY ON OUR PULSE CHECK PODCAST, your host Ben talks with POLITICO health care reporter Ashleigh Furlong, who explains the Lancet Countdown's report that warns of the dire consequences of rising temperatures and increasing energy emission — and the potential catastrophic threats climate change poses to human health.

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Listen to today’s Pulse Check podcast

A message from The American Cancer Society Cancer Action Network:

Congress: Support the highest possible increases for cancer research funding at the National Institutes of Health and National Cancer Institute to make time. Literally. More than 1.9 million people are expected to be diagnosed with cancer in 2023 alone. But by investing in the research of today, you’re helping prevent, detect, and treat many of the cancers of tomorrow, creating countless moments for patients and their loved ones in the process. Fight Cancer. Make Time.

 
PANDEMIC

A woman is swabbed by a nurse at the Covid-19 testing site in San Diego, Calif.

A new report says the CDC took too long to develop and distribute Covid-19 tests when the virus first hit the U.S. | Daniel Knighton/Getty Images

EARLY COVID TESTING WOES — As the Covid-19 pandemic began to take hold worldwide in early 2020, the U.S. lagged behind other countries in testing, one of many failures in its early response.

A new HHS watchdog report released Monday found that the CDC’s lack of “effective internal controls” bogged down the process. While the agency crafted a viable test kit within two months of China's release of the virus’ sequence, public health labs struggled to verify them for multiple reasons, HHS’ inspector general wrote.

The agency had insufficient oversight and policies for developing such tests, the watchdog wrote, and no process for allocating resources was established. The inspector general also said the weakness of the agency’s laboratory quality processes added to the failures. The watchdog called for the CDC to implement more robust policies and processes.

Although the report didn’t take a stance on the issue, the U.S. also declined to use tests from the World Health Organization.

The response: The CDC didn’t agree or disagree with the recommendations but said it’s developed a plan to ensure high-quality testing and has “evaluated its operating effectiveness and revised internal controls.” It also noted it boosted oversight of emergency response by creating a new office.

 

GET A BACKSTAGE PASS TO COP28 WITH GLOBAL PLAYBOOK: Get insider access to the conference that sets the tone of the global climate agenda with POLITICO's Global Playbook newsletter. Authored by Suzanne Lynch, Global Playbook delivers exclusive, daily insights and comprehensive coverage that will keep you informed about the most crucial climate summit of the year. Dive deep into the critical discussions and developments at COP28 from Nov. 30 to Dec. 12. SUBSCRIBE NOW.

 
 
Medicaid

SELF-PAY ON THE RISE — Medicaid unwinding is leading to a substantial increase in patients paying out of pocket for health care, according to new data from Epic Research.

Self-pay rates largely stayed stable for emergency room visits, hospitalizations and primary care services between August 2022 and April, when states began reviewing Medicaid eligibility again, according to the data. But they spiked after then, especially for states that began unwinding sooner.

The share of hospitalizations with Medicaid coverage has fallen from 23 percent in 2017 to about 15 percent in August 2023 as self-pay hospitalizations rose.

The data is the latest evidence of the impact of more than 10.6 million Americans losing Medicaid coverage since unwinding began after a requirement that states keep beneficiaries continuously enrolled during the public health emergency ended. Hospitals have also reported a rise in “charity care,” and initial figures show that Obamacare exchange enrollment is on the upswing.

 

A message from The American Cancer Society Cancer Action Network:

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Artificial Intelligence

HEALTH AI SKEPTICISM — Consumers are more hesitant about using artificial intelligence to get advice about a medical problem than they are for other uses like billing and customer service, a new Qualtrics survey of more than 28,000 consumers across the globe found.

Forty-five percent of consumers said they’d be comfortable with AI’s medical advice compared with other services, including 73 percent for checking order status, 61 percent for buying an airline ticket and 60 percent for getting tech support. More than 4 in 5 said they’d prefer a human for advice, and more than 3 in 5 said they’d prefer to talk to a person to schedule an appointment.

Another Qualtrics survey of about 4,000 health care workers found that 56 percent would be OK with using AI for writing, and 41 percent said they’d use it as an assistant, lower than that of employees in other industries.

The results underscore the trust issues that persist with AI in health care as lawmakers and regulators look to ensure the technology is safe for consumers without stifling innovation.

 

A NEW POLITICO PODCAST: POLITICO Tech is an authoritative insider briefing on the politics and policy of technology. From crypto and the metaverse to cybersecurity and AI, we explore the who, what and how of policy shaping future industries. We’re kicking off with a series exploring darknet marketplaces, the virtual platforms that enable actors from all corners of the online world to traffic illicit goods. As malware and cybercrime attacks become increasingly frequent, regulators and law enforcement agencies work different angles to shut these platforms down, but new, often more unassailable marketplaces pop up. SUBSCRIBE AND START LISTENING TODAY.

 
 
IN THE STATES

MENTHOL BAN BROADENING? New Jersey lawmakers have widened a bill that would ban menthol cigarettes from being sold to include flavored oral nicotine pouches and “mass-produced” cigars, POLITICO’s Daniel Han reports.

The additions specifically targeting flavored “non-premium cigars” would take flavored cigarillos — commonly found at convenience stores and gas stations — off shelves in New Jersey. Flavored cigarettes, except for menthols, have been banned in the country since 2009. Federal regulators haven’t moved to ban nicotine pouches.

The movement comes as the White House conducts its final review of the proposed rules that would ban menthol cigarettes and flavored cigars.

Names in the News

Amirah Sequeira has been promoted to national government relations director at National Nurses United. She previously was legislative director for the union.

WHAT WE'RE READING

David Blumenthal looks at private equity's role in health care in the Commonwealth Fund.

Healthcare Dive reports on a lawsuit against Mass General Brigham after hundreds of patients were possibly exposed to HIV and hepatitis. The hospital said there isn’t evidence that infections resulted from the exposures.

Health Affairs has a review of what evidence suggests works to address Covid misinformation.

A message from The American Cancer Society Cancer Action Network:

Cancer takes away many things, but the most devastating is time. And while policies and federal research investment have helped avert 3.8 million cancer deaths since 1991, the fight against the country’s second most common cause of death is far from over. With over 609,000 deaths and 1.9 million diagnoses expected in 2023, there is still work to do in the fight against cancer. And that is where you come in.

When Congress prioritizes ending cancer as we know it, you literally make time for patients, loved ones, caregivers, and everybody else affected by 200 diseases known as cancer. By investing in the research of today, you’re helping prevent, detect, and treat many of the cancers of tomorrow, creating countless moments for cancer patients and their loved ones in the process.

Fight Cancer. Make Time.

 
 

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Chelsea Cirruzzo @chelseacirruzzo

Katherine Ellen Foley @katherineefoley

Lauren Gardner @Gardner_LM

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Ben Leonard @_BenLeonard_

David Lim @davidalim

Megan Messerly @meganmesserly

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