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Questions for GOP after IVF ruling

Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
Feb 22, 2024 View in browser
 
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By Ben Leonard and Chelsea Cirruzzo

Driving The Day

Republican presidential candidate former UN Ambassador Nikki Haley arrives for a campaign event.

Republican presidential candidate Nikki Haley says she agrees with the Alabama Supreme Court's ruling that a frozen embryo is a person. | Chris Carlson/AP

‘ANOTHER HOT POTATO’ — A ruling from Alabama’s high court giving legal personhood to frozen embryos threatens legal and political backlash for Republicans ahead of the 2024 election, POLITICO’s Alice Miranda Ollstein reports.

It imperils the GOP’s efforts to win over suburban women and other groups unsure about abortion bans and complicates standing with millions who may oppose abortion but back in vitro fertilization and other types of fertility care.

One in 6 Americans who struggle with infertility — millions of people annually— turn to IVF, according to the National Infertility Association, and GOP strategists warn that pursuing curbs on those treatments risks exacerbating the backlash that’s cost Republicans several races since the fall of Roe.

The court ruling gives GOP candidates running this year “another hot potato” to deal with, said Stan Barnes, a political consultant and former Republican state senator in Arizona, forcing them to answer questions on abortion they’d rather avoid heading into the fall election. That’s even if other states don’t follow Alabama’s lead.

Former President Donald Trump and other GOP candidates have attempted to sell voters a middle ground on the issue, but the case puts the focus on hard-line conservatives’ goals, who want to go further than ending abortion access — targeting contraception and fertility care.

Presidential candidate Nikki Haley — who’s said some Republicans have been too judgmental of women having abortions — backed the Alabama Supreme Court’s move.

“Embryos, to me, are babies,” Haley, who has spoken openly of her decision to use artificial insemination to conceive, told NBC News.

Former Vice President Mike Pence and other prominent Republican officials have also discussed using IVF to grow their families.

Though some religious and anti-abortion groups have called for IVF restrictions, the stance that discarding extra embryos is akin to abortion has largely stayed on the margins of dialogue.

Kellyanne Conway, Trump's former senior counselor and campaign manager, has pushed for Republicans to advocate for access to contraception and fertility treatments, pointing to her firm’s polling that found overwhelming support for IVF.

WELCOME TO THURSDAY PULSE. House Oversight Democrats have launched an investigation into drug shortages. Reach us at bleonard@politico.com or ccirruzzo@politico.com. Follow along @_BenLeonard_ and @ChelseaCirruzzo.

 

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Around the Agencies

HHS Secretary Xavier Becerra is pictured.

CMS is urging its employees to work in the office more frequently, a move supported by HHS Secretary Xavier Becerra. | Anna Moneymaker/Getty Images

HHS RETURNS TO OFFICE — CMS employees will be expected to increase their office presence next month, Chelsea reports.

An HHS spokesperson confirmed to Pulse that, starting March 11, CMS will ask its employees to work in its main headquarters or regional offices more often — but declined to give exact estimates on how often, telling Pulse that the number of in-office days varies depending on employment type and location.

The spokesperson also said that while CMS’ in-office presence is expanding, the rest of the department also has been increasing its in-office presence over the past year.

How we got here: The White House has pressured departments to bring employees back into the office. A spokesperson for the Office of Management and Budget told Pulse that it’s worked with federal agencies to “substantially increase meaningful in-person work.” White House chief of staff Jeff Zients called on agencies last month to report their progress on back-to-office goals.

HHS Secretary Xavier Becerra also has supported the policies, saying at a National Press Club event earlier this month that “of course” some employees will be expected back in the office.

In Congress

FREEDOM CAUCUS DEMANDS — As Congress gets closer to its first government funding deadline of March 1, the ultraconservative House Freedom Caucus is demanding many controversial policy riders.

In a letter to House Speaker Mike Johnson on Wednesday, the group called for an end to the Pentagon’s abortion policy, a “defund[ing]" of gender-affirming care through taxpayer dollars, gain-of-function research and Planned Parenthood. They also called for a prohibition of funding for Covid-19 vaccine and mask mandates and floated a year-long funding patch.

What’s ahead: Lawmakers face two deadlines — March 1 for funding for the FDA and the VA and March 8 for HHS funding.

It’s a crucial week for Congressional appropriators: The amount of progress they make now will determine whether lawmakers will have to turn to another temporary spending package. The Freedom Caucus’ demands for such policy riders and some Republican opposition to them threaten to imperil a spending deal.

An unprecedented amount of abortion-related policy riders has been a thorny issue throughout the process, and some Republicans have become frustrated that many are likely doomed.

CAMPAIGN 2024

SUPPORT FOR TRUMP’S ABORTION IDEA — Former President Donald Trump isn’t ruling out a 16-week nationwide abortion ban, an idea that has support from more than a third of Democrats, according to a new Economist/YouGov poll.

The poll of more than 1,500 U.S. adults was conducted from Feb. 18 to 20 with a 3.1 percent margin of error. The poll found that 48 percent backed a 16-week national abortion ban, with 36 percent opposing.

Thirty-five percent of Democrats said they'd support such a ban, according to the web-based survey, along with 43 percent of independents and 67 percent of Republicans. Respondents were picked from an opt-in panel to be representative of U.S. adults.

The new data comes as Trump has taken a mushy stance on abortion, which has plagued the GOP nationwide after the Supreme Court overturned Roe v. Wade. The Biden campaign has leaned heavily into messaging on protecting abortion rights.

The Trump campaign has declined to say what national abortion policy Trump supports, if any, pledging instead to find an unspecified middle ground.

 

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Covid

A VACCINE SETTLEMENT — Novavax, which makes Covid-19 vaccines, and Gavi, the Vaccine Alliance, said today that they’ve reached a settlement over an advanced purchase agreement for the manufacturer’s shots.

Novavax had claimed that Gavi breached the deal for 350 million doses by not purchasing the doses it agreed to. It contended that the advance payments weren’t refundable.

Under the settlement, Novavax has paid $75 million to Gavi and will pay up to $400 million through the end of 2028. A vaccine credit to supply low- and lower-middle-income countries could reduce Novavax’s financial obligations.

“We look forward to a long-term partnership with Gavi,” Novavax CEO John Jacobs said in a statement.

The FDA granted emergency use authorization to Novavax's updated Covid shot for those 12 and older in October. The company lost more than $130 million in the third quarter of 2023, according to its latest financial results. In the quarter’s earnings call, executives said the company looks to “aggressively” cut costs.

Insurance

MA PARTICIPANTS SEE MORE DELAYS — Medicare Advantage beneficiaries were more likely to report delays in care than those in traditional Medicare, according to a new survey of about 3,200 beneficiaries from the Commonwealth Fund.

The survey, conducted by independent research company SSRS, found that 22 percent of MA beneficiaries reported delays in care while they waited for prior approval versus 13 percent in traditional Medicare. It also found that about two-thirds of beneficiaries in both programs said their plans met expectations.

The bigger picture: The findings come as lawmakers on both sides of the aisle scrutinize care denials in Medicare Advantage and after the Biden administration issued a final rule last month reforming prior authorization, a tool critics say is used to delay or deny patient care.

Insurer advocacy group the Better Medicare Alliance said in a release that the rule served “our shared goals of protecting prior authorization’s essential function in coordinating high-value care while also ensuring beneficiaries continue to receive the care they need.”

Names in the News

Daniel O’Day, CEO of Gilead, is now the chair of PhRMA’s board of directors, succeeding Novartis CEO Vas Narasimhan. Albert Bourla, CEO of Pfizer, is now board chair-elect and Paul Hudson, CEO of Sanofi, will be treasurer.

Mike Graham, senior vice president at the American Dental Association, is set to retire this spring. He first joined the ADA in 1995.

The Medicare-Medicaid Integration Alliance launched Wednesday. Its founding members include Arnold Ventures and the Association for Community Affiliated Plans.

The Digital Health Collaborative launched Wednesday. Its members include AHIP, the American Medical Association, AARP and the National Committee for Quality Assurance.

WHAT WE'RE READING

Healthcare Dive reports on CMS finalizing a rule on disproportionate-share hospital payments.

 

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