United States: Healthcare Policy Newsletter, 14 May, 2018

Introduction

Foley & Lardner LLP's ("Foley") Bipartisan Public Policy Team is pleased to share our second "Public Policy Weekly* Health Care Newsletter" in which we compile the latest health care policy news and legislation.

Please note that we publish this newsletter only when Congress is in session.

This Week in Health Care Policy

Congress

Challenges and Solutions in the Opioid Abuse Crisis – On Tuesday, the House Judiciary Committee held a hearing on the Challenges and Solutions in the Opioid Abuse Crisis. Read More

25 Opioid Bills Advance – On Wednesday, the House Energy and Commerce Committee advanced 25 bills through committee markup to combat the opioid crisis. Read More

The Overdose Prevention and Patient Safety Act – On Wednesday, the House Energy and Commerce Subcommittee on Health held a hearing to examine a discussion draft the Overdose Prevention and Patient Safety Act (H.R. 3545) that would permit substance use disorder (SUD) treatment records, currently governed under 42 CFR Part 2 (often called "Part 2") to be shared in accordance with HIPAA. The bill would also increase the penalties in the event of disclosure, add breach notification requirements, and provide discrimination prohibitions to protect people seeking and receiving SUD treatment. Read More

HHS Budget Hearing – On Thursday, the Department of Health and Human Services Secretary Alex Azar testified at the Senate Appropriations Labor, HHS, and Education subcommittee on HHS' fiscal 2019 budget request. Read More

Military Times: Lawmakers advance VA health care overhaul, medical marijuana research for vets – On Tuesday, House lawmakers advanced plans to increase veterans' access to private-sector doctors, expand caregiver stipends to more former military families and increase medical marijuana research for veterans care in a flurry of votes before the House Veterans' Affairs Committee. Read More

Politico: Opioid distributors blame pharmacies, docs for crisis – Five of the nation's top opioid distributors on Tuesday told a House panel that responsibility for the opioid crisis rests with bad actors at pharmacies and doctors who wrote too many prescriptions, not with their companies. Read More

NPR: Farm Bill Could Undo Part Of The Affordable Care Act – Although the GOP repeal-and-replace mantra seems to have quieted, some Republican lawmakers continue efforts to get around the sweeping federal health law's requirements. Sometimes that happens in surprising places. Like the farm bill. Read More

Washington Times: Sen. Lamar Alexander: Obamacare stabilization effort is dead – Senate Health Committee Chairman Lamar Alexander says legislative efforts to stabilize the Obamacare markets this year are dead and that it's up to states and the Trump administration to provide relief from rising insurance rates. Read More

Affordable Prescription Drug Task Force Lays Out Priorities for Trump to Lower Prescription Drug Prices – In anticipation that President Donald Trump will belatedly present at 2:00pm Friday, May 11, his plans to address the soaring cost of prescription drugs, the Affordable Prescription Drug Task Force released a list of key provisions that any effective plan should include. Read More

Kaiser Health Tracking Poll: Preview of the Role of Health Care in the 2018 Midterm Campaigns – At the beginning of the 2018 primary season, congressional candidates' positions on President Trump are weighing greater on most voters' minds than any issue – including health care. Read More

Legislation

On Monday, the Senate passed the Improving Access to Behavioral Health Information Technology Act (S. 1732) which would expand an existing incentive payment program to include behavioral health providers, which the bill defined as psychiatric hospitals, community mental health centers, clinical psychologists, and hospitals or mental health providers that participate in state plans. Read More

On May 9, Rep. Peter Roskam (R-IL) introduced a bill (H.R. 5725) to direct the Secretary of Health and Human Services to submit to Congress a report on the extent to which Medicare Advantage plans offered under part C of the Medicare program include supplemental health care benefits designed to treat or prevent substance use disorders. Read More

On May 7, Rep. Mike Kelly introduced the Protecting Seniors From Opioid Abuse Act (H.R. 5684) to amend title XVIII of the Social Security Act to expand eligibility for medication therapy management programs established under part D of the Medicare program to include certain individuals who are at risk for prescription drug abuse. Read More

On May 7, Rep. Richard Hudson (R-NC) introduced the SOUND Disposal and Packaging Act (H.R. 5687) to amend the Federal Food, Drug, and Cosmetic Act to require improved packaging and disposal methods with respect to certain drugs, and for other purposes. Read More

Administration

Politico: Trump's 'America First' agenda on drug pricing could backfire around the world – President Donald Trump wants Americans to get lower prices for medicines — and the rest of the world may pay for it. His "America First" message on drugs at home, coupled with pro-pharmaceutical industry policies abroad, could lead to higher costs for patients around the world — without making drugs more affordable for those in the U.S. Trump on Friday plans to deliver his long-promised speech on how to lower drug costs, addressing an industry he has in the past accused of "getting away with murder." Global health officials worry he will also target practices that keep medicines affordable in other countries. Read More

4 Takeaways From Trump's Plan To Rescind CHIP Funding – President Donald Trump wants to employ a rarely used budget maneuver called "rescission" to eliminate $15 billion in federal spending, including $7 billion from the popular Children's Health Insurance Program (CHIP). Read More

Trump lays out his vision for lower drug prices – On Friday, The Trump administration has released a 44-page plan aimed at lowering drug costs. Read More

HHS

Patients pave the way for interoperability – Healthcare data, once confined to a single hospital or system, are increasingly moving more freely outside the constraints of an electronic health record system, giving patients added control over their care and arming providers with the information they need to close gaps in care. Read More

CMS

CMS Announces Agency's First Rural Health Strategy – On Monday, the Centers for Medicare & Medicaid Services (CMS) released the agency's first Rural Health Strategy intended to provide a proactive approach on healthcare issues to ensure that the nearly one in five individuals who live in rural America have access to high quality, affordable healthcare. Read More

Verma draws the line on Medicaid limits, ACO risk contracts – CMS Administrator Seema Verma offered hospital executives on Monday good and bad news on Medicaid coverage limits and accountable care organizations' risk contracts. Read More

Judges mull reviving hospitals' challenge to 340B Medicare cuts – A panel of federal appellate judges on Friday considered reviving the American Hospital Association's challenge to Medicare 340B reimbursement cuts, questioning whether the changes were made properly. Although the Trump administration claimed that the CMS has the authority to adjust Medicare drug reimbursements for 340B hospitals through rulemaking, the three judges for the U.S. Court of Appeals for the District of Columbia Circuit found inconsistencies in the government's argument. Read More

FDA

FDA on the hunt for its own EHR system – The Food and Drug Administration is looking for a "large electronic medical record system" to conduct research about adverse drug reactions. The FDA's Bioinformatics and Biostatistics Division will use the EHR to look into the "safety and surveillance of FDA regulated products," according to the request for quote the agency posted earlier this week. Specifically, researchers will analyze VA data to look for adverse side effects from medications. It will use the EHR to develop "novel data mining and data visualization" to apply to the data. Read More

Emerging issues of misuse and abuse of OTC loperamide challenge FDA to address a new turn in the opioid addiction crisis, while maintaining access for patients – Food and Drug Administration Commissioner Scott Gottlieb writes a blog post on the opioid epidemic and new patterns of abuse and misuse of different drugs. Read More

Spring Unified Agenda: FDA's Anticipated Upcoming Regulatory Work – On Wednesday, the federal government published the Spring 2018 "Unified Agenda of Federal Regulatory and Deregulatory Actions" (Unified Agenda), which provides federal agencies with the opportunity to update the American public on the government's regulatory priorities. Read More

DEA

DEA Must Divulge National Data In Opioid MDL, Judge Rules – The U.S. Drug Enforcement Administration (DEA) must disclose nationwide data on opioid sales as part of multidistrict litigation over the opioid crisis, an Ohio federal judge ruled Tuesday, saying it will expand on state information that has been "extremely informative" for plaintiffs' lawyers. Read More

States

Modern Healthcare: Illinois wins Medicaid flexibility under Trump – Illinois Gov. Bruce Rauner has received federal approval to use $2 billion in Medicaid funding differently, a longtime goal that his predecessor Pat Quinn originally sought. Read More

The Hill: New Hampshire wins approval for Medicaid work requirements – Medicaid beneficiaries in New Hampshire will have to work, attend school or perform community service to be eligible for benefits under a new waiver approved by the Trump administration. Under the program, adults aged 19 to 64 will be required to participate in 100 hours per month of "community engagement activities," such as employment, education, job skills training or community service. Read More

Oklahoma legislation will require Medicaid recipients to work before they can receive benefits – A piece of Oklahoma legislation will require able-bodied Medicaid recipients to work in order to receive benefits. Monday, Governor Mary Fallin signed legislation that would direct the Health Care Authority to apply for a waiver that institutes work requirements for Medicaid. Read More

Primaries

This week, Indiana, North Carolina, Ohio, and West Virginia all held their state primary elections. See below and Read More:

In West Virginia, state Attorney General Patrick Morrisey won the Senate Republican primary and will face Senator Joe Manchin (D-WV) in November.

Businessman and former state Rep. Mike Braun won Indiana's GOP Senate primary and will challenge Senator Joe Donnelly (D-IN) who ran unopposed.

In Ohio, Rep. Jim Renacci (R-OH) won the Republican Senate primary. He will face Democratic Senator Sherrod Brown (D-OH), who ran unopposed.

Rep. Robert Pittenger (R-NC) became the first incumbent this year to lose a primary challenge, conceding to pastor Mark Harris in the 9th District primary. He is expected to take on Democrat Dan McCready, an Iraq War veteran.

On May 15, Idaho, Nebraska, Oregon, and Pennsylvania will head to the polls. Read More

Foley Health Care Law Today

Our attorneys at Foley pride themselves on having a first-hand understanding of health care's business and legal challenges. Health Care Law Today is your go-to resource for information and perspectives on the latest news and developments in health care law and how it relates to and impacts the industry and those with related business interests. See below for some of the blog's top stories:

Scientific Research Misconduct vs. Fraud: How to Tell the Difference – For years, misconduct in scientific research was policed primarily by the Office of Research Integrity (ORI) at the U.S. Department of Health and Human Services.1 After a lengthy and confidential review, an institution suspected of producing false or fraudulent research was either cleared of the charges or required to issue retractions and pay back any federal grants that had been tainted by misconduct. Read More

The Week Ahead

The House and Senate are in session this week. The House is set to vote on the sweeping farm bill next week, according to the majority leader, but Republicans are divided on its outlook. President Donald Trump released his plans to combat drug pricing on Friday.

On Tuesday, the Senate Health, Education, Labor and Pensions Committee will hold a hearing on the Oversight 340B Drug Pricing Program. Ready More Read More

On Thursday, the House Veterans' Affairs Subcommittee on Oversight and Investigations will hold a hearing on VA Health research. Read more Read More

On Thursday, the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies will hold a hearing on NIH Budget. Read More Read More

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions