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Federal Health Policy Updates for the Week of December 2, 2019

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The Headlines

  1. Congress continues to work towards funding the government for FY 2020.
  2. Hospitals sue the Trump Administration over a price transparency rule.
  3. A Senate committee advances the Administration's nominee to lead the FDA.
  4. Several hearings are scheduled next week to address various health issues.
  5. New congressional maps approved by the NC General Assembly can stand.

The Details

1. Federal funding and calendar update
Congress is currently working under another short-term continuing resolution (CR) that funds the federal government at FY 2019 levels despite being well into FY 2020, which began October 1. The current CR expires on December 20.

Our office continues to weigh in with congressional offices on bills under consideration, including legislation that would make new residency positions to teaching hospitals in support of patients with substance use disorder; legislation to address surprise medical bills; and legislation that would delay cuts to the Medicaid Disproportionate Share Hospital Program. The House also began impeachment hearings in the House Judiciary Committee this week and will begin drafting articles of impeachment for a House vote.

2. Hospitals sue HHS over transparency rule
On November 15, the Trump Administration finalized a rule for hospitals, effective January 2021, that would require hospitals to disclose rates negotiated with insurers; what the hospital is willing to accept in cash from a patient; and the minimum and maximum negotiated charges. The requirement would apply for all items and services and be available online in a single data file. Hospitals would have to post that information online for 300 common services such as X-rays and lab tests in an easily understandable format or face fines of up to $300 per day.

This week, groups including the American Hospital Association filed a lawsuit against the US Department of Health and Human Services claiming it does not have the authority to mandate public disclosure of individually negotiated rates between commercial health insurers and hospitals. The lawsuit also makes the argument that the provision violates the First Amendment.

3. FDA nominee advanced by Committee
On December 3, the Senate Health, Education, Labor and Pensions (HELP) Committee approved the nomination of Stephen Hahn, MD, to be Commissioner of the Food and Drug Administrration. It is unclear when the full Senate will vote on his nomination.

4. Hearings next week
On December 10, the House Energy and Commerce Health Subcommittee will hold a hearing on "Proposals to Achieve Universal Health Care Coverage." The full list of bills under consideration is available here.

The Senate HELP Committee will mark-up several health bills on December 12, including legislation to reauthorize Title VII health professions programs and S. 2080, the Palliative Care and Hospice Education and Training Act. Our office has been in touch with the Office of Senator Richard Burr (R-NC) to convey support for both bills, citing examples at Duke Health in geriatrics training programs and in the Hospice and Palliative Medicine Fellowship, respectively.

5. New congressional maps can stand
The North Carolina General Assembly recently approved a replacement map for the state's congressional districts for use in the 2020 elections. Under the new map, the current 10-3 margin held by House Republicans could be narrowed to 8-5, with the 2nd and 6th Districts leaning more Democratic as drawn. This week, a panel of state court judges announced the new maps can stand for the 2020 election, and candidates can file to run now through December 20. Rep. George Holding (R-NC-02) announced he will not be a candidate for Congress this election. North Carolina's primaries are scheduled for March 3, 2020.