| | | | |  | | By Chelsea Cirruzzo and Ben Leonard | | | With Robert King and Megan R. Wilson
| | |  Democrats are pinning their hopes on Ohioans voting yes for a proposed constitutional amendment to protect abortion rights. | Julie Carr Smyth/AP Photo | OHIO DEMS TARGET ABORTION — Democrats up for reelection next year in an increasingly red Ohio are throwing themselves into next month’s ballot fight to enshrine abortion rights in the state Constitution, POLITICO’s Alice Miranda Ollstein reports. And they’re attacking their GOP opponents for defending the state’s six-week abortion ban. The endangered candidates — and the Ohio Democratic Party fighting for their survival — are betting that supporting abortion rights in 2023 will position them for victory in 2024 as it has for many other swing-state Democrats since Roe v. Wade fell. Why it matters: The results of the Nov. 7 referendum and the margin of victory will shape strategy and messaging next year not only in Ohio but also in some other battleground states likely to put abortion on their ballots and in Democratic campaigns to hold the White House and win control of Congress. The campaign will also test whether vulnerable Democrats can turn public support for abortion rights into campaign victories — even if the elections are a year apart. Turnout has been robust so far. As of Oct. 24, more than 300,000 early ballots have been cast, and the state’s on track to far exceed turnout from the previous off-year election in 2021. Local Republicans, who’ve watched Ohio tip red in recent cycles, say they’re confident they can defeat the abortion-rights amendment this year and redirect the 2024 conversation to other issues more favorable to the GOP — such as President Joe Biden’s fitness for office, the economy and crime. With fewer than three weeks before Election Day and early voting underway, Ohio Republican leaders like Gov. Mike DeWine and Senate hopeful and current Secretary of State Frank LaRose are pouring political capital into the fight — the last test before 2024 of whether abortion will continue to hobble the GOP. WELCOME TO MONDAY PULSE. We’re so glad our POLITICO West Wing colleagues finally came around and interviewed a local star: Tony P! Send your tips, scoops and feedback to bleonard@politico.com and ccirruzzo@politico.com and follow along @_BenLeonard_ and @ChelseaCirruzzo. TODAY ON OUR PULSE CHECK PODCAST, host Kelly Hooper talks with POLITICO Morning Score author Madison Fernandez, who explains what's at stake as Ohio voters decide next week whether to amend the state constitution to protect abortion rights, overriding the current six-week ban.
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Despite having co-sponsored anti-abortion bills, Mike Johnson has to manage a fractious caucus uninterested in taking politically risky votes on abortion bills. | Alex Brandon/AP Photo | ANTI-ABORTION GROUPS STILL OPTIMISTIC — House Speaker Mike Johnson’s anti-abortion bona fides are undisputed, but last week, he downplayed the chance of action on a federal abortion ban, POLITICO’s Alice Miranda Ollstein and Meredith Lee Hill report. “There is no national consensus” on abortion, and more pressing issues face his caucus, Johnson told Fox News’ Sean Hannity during his first primetime interview. Why it matters: It was a stark turn for the Louisiana Republican, who has pushed several bills to restrict abortion nationwide, and indicative of the competing pressures of his new role — including keeping control of the House. Still, abortion opponents’ hopes for Johnson remain high. Some influential conservative groups interpreted those remarks as a call to action, while others said it reflects a basic political reality in Washington that extends beyond the contentious question of federal abortion policy. Anti-abortion activists have pointed to Johnson’s hardline record of support for their cause as proof that he’ll eventually deliver no matter what he says, or doesn’t say, in interviews. They also acknowledged that the remainder of 2023 will likely be consumed by debates over government spending, and they don’t expect him to bring forward broader anti-abortion legislation until January at the earliest. FIRST IN PULSE: SUPPORT ACT EXPANSION — Sens. Maggie Hassan (D-N.H.) and Marsha Blackburn (R-Tenn.) will introduce legislation that would make permanent requirements that state Medicaid programs cover medication-assisted treatment for substance use disorder, Ben reports. Such provisions run through 2025, but lawmakers look to reauthorize the sweeping package addressing the opioid crisis — the SUPPORT Act — after it lapsed last month. The lawmakers’ bill aims to build on that legislation. “Medication-assisted treatment is the gold standard for treating people struggling with opioid use, and addressing the opioid epidemic requires breaking down the barriers that prevent people from accessing this lifesaving care,” Hassan said in a statement. Hassan, Blackburn and Sen. John Thune (R-S.D.), the No. 2 Republican in the chamber, are also pushing to make permanent lapsed SUPPORT Act provisions that would allow federal Medicaid funding to be used for substance use disorder treatment in mental health institutions. Congress can continue to fund opioid-fighting efforts without passing a new version of the SUPPORT Act. But failing to pass another law forfeits the opportunity to try new approaches, as POLITICO’s Carmen Paun has reported.
| | | | GO INSIDE THE MILKEN INSTITUTE FUTURE OF HEALTH SUMMIT: POLITICO is proud to partner with the Milken Institute to feature a special edition of our Future Pulse newsletter at the 2023 Milken Institute Future of Health Summit from November 6-8. The newsletter takes readers inside one of the most influential gatherings of global health industry leaders and innovators solving the biggest public health issues to ensure a healthier, more resilient future for all. SUBSCRIBE TODAY TO RECEIVE EXCLUSIVE COVERAGE. | | | | | | | | | BIDEN WANTS AI ACTION — The Biden administration is ordering the Department of Health and Human Services to take wide-ranging action on artificial intelligence in health care through an executive order Monday, Ben reports. What’s in the order? On Friday, POLITICO obtained and reported on a draft order dated Oct. 23 that calls on HHS to create an AI task force to develop a “strategic plan” within a year on “responsible” use of AI, including generative AI, real-world performance monitoring, equity and reducing burden. The draft order would direct HHS to: — Craft a strategy in 180 days to determine whether such technology is sufficiently high-quality for use in health care — Consult with relevant agencies to weigh how nondiscrimination laws might intersect with AI — Create an AI safety program with a common framework for detecting errors, including “specifications” for a “central tracking repository” for harm-related incidents — Work through grants and other means to advance AI technology for crafting personalized immune response profiles for patients and veterans’ health care, among other priority areas, including improving data quality — Identify areas where public/private partnerships could be helpful in product development and create a plan to regulate AI in such applications What to watch: The executive order comes as doctors might already be using advanced artificial intelligence to diagnose diseases, read tests and interpret X-rays — but Washington isn’t ready, POLITICO’s Daniel Payne reports. Regulators are still coming to terms with how to ensure the tech is safe and reliable, and Congress is far from passing legislation to handle the innovation.
| | | | A message from Optum Rx:   | | | | | HHS TWEAKS SURPRISE BILLING DISPUTES — The Biden administration has proposed changes to how disputes between insurers and hospitals under a law banning surprise medical bills are handled, Robert reports. The proposed rule released late Friday seeks to boost communication between health plans and hospitals that has led to delays at times in the process of arbitrating out-of-network charges. Under the No Surprises Act, a hospital or insurer that can’t agree on an out-of-network rate can enter arbitration. Both parties submit a preferred amount, and a third party chooses one. However, since the process launched in 2022, HHS has been inundated with requests ineligible for arbitration. This has led to delays in the system. The proposed rule aims to fix this by requiring insurers to use a code to determine whether a claim for an item or service is subject to the dispute resolution process. It also would require insurers to provide additional information at the time it denies a payment to the hospital or doctor. FEDS WILL STILL DISTRIBUTE PAXLOVID — HHS said Friday that providers can continue to order the Covid-19 antiviral Paxlovid for free from the government supply through December, even once the drug comes onto the commercial market next month, Chelsea reports. Drugmaker Pfizer is prepping to charge a much higher price than what the government paid for the drug during the pandemic but told POLITICO they’re OK with the government’s plan. Providers are being asked to return unused doses to Pfizer by the end of the year.
| | | | 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. | | | | | | | | | Transparency-Rx, a group of so-called transparent pharmacy benefit managers, is launching a six-figure digital ad buy to push Congress to act on policy changes targeting larger PBMs like Express Scripts. Arnold Ventures has named Kristine Grow, who most recently led community and strategy for insurance industry group AHIP, as its new vice president of communications.
| | POLITICO’s Rachel Bluth reports on a California probe into hospitals to reduce maternal mortality among Black women. The Washington Post reports on the struggle of doctors to interpret abortion bans.
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