Is a deal closer?
Depends on your POV
The deadlines approach
Publication Note: Congress has adjourned for a week-long recess, and our newsletter will take a brief pause. We will return to our regular publication schedule the week of February 26th.
The Rundown
- Deadline for government funding deal is quickly approaching
- Committees continue holding hearings with healthcare implications
- Regulatory update
- What’s up NC delegation
- The latest from our desks
- Virtual office hours - come see us on February 26th!
- Join the Duke Health Advocacy Network!
Federal Updates
Tick tock, on the clock
While much of Congress’ attention this past week remained focused on the Biden Administration’s supplemental funding request for aid to Israel, Ukraine, and Taiwan, the government funding clock has continued to count down. Lawmakers now have less than two weeks until the first government funding deadline arrives on March 1 for the Fiscal Year 2024 Agriculture, Energy and Water, Military Construction-Veterans Affairs, and Transportation-Housing and Urban Development spending bills. Funding for the remaining federal agencies – including Health and Human Services (HHS) – is set to expire on March 8.
Last month, the lead appropriators in the House and Senate reached a deal on the funding allocations for the 12 spending bills for FY 2024. Since then, lawmakers have started writing the funding points of each individual bill. Reports have suggested that there is general agreement on the actual funding figures, and that positive progress is underway.
Negotiators, however, are preparing for the introduction of some controversial policy provisions, known as “riders,” that could derail the process as March 1 approaches. With very narrow margins in the House, any controversial policy rider threatens to siphon off enough support to bring down the entire package.
Working in the negotiators’ favor is the fact that the FY 2025 government funding process is slated to begin in earnest on March 11, when President Biden’s proposed budget is expected to be released. It is difficult enough to work on one fiscal year spending package, let alone two.
You can expect some interesting maneuvers and political grandstanding as we approach March. If everything is not accomplished by March 1, Congress will need to approve yet another CR to avoid a partial government shutdown.
Heard on the Hill: Committee news and hearings recap
It was a big week on congressional soundstages across the Capitol Complex. Here’s a snapshot of a few of the hearings we followed.
House Veterans Affairs Committee (HVAC): Electronic Health Records
This week, the House Veterans’ Affairs (VA) Subcommittee on Technology Modernization held a hearing on electronic health records (EHR) modernization and pharmacy software. Witnesses included representatives of the VA Health Administration and Oracle, the software company contracted to deliver pharmacy record services. The hearing focused on ensuring that software updates remain safe and effective to ensure privacy and Veterans’ safety. Our team will continue to monitor VA healthcare issues closely as part of Duke’s affiliation with the Durham VA Medical Center.
HVAC: Artificial Intelligence
The House Veterans’ Subcommittee on Health held a hearing on AI and healthcare at the VA to examine current use of emerging technologies and potential for future engagement. Witnesses included artificial intelligence leadership at the VA, outside industry partners, and a representative of an academic medical center. The hearing largely focused on clinical use of AI to ensure that adoption of any new technologies is safely implemented with protections in place for both patients and providers. There was also discussion of integration with EHR systems to ensure patient privacy. Rep. Greg Murphy, MD (R-NC-03), is a member of the subcommittee and has engaged closely with the leadership of Duke AI Health to inform his understanding and positioning of AI and healthcare.
House Energy and Commerce (E&C) Subcommittee on Health: Caregiving
On Wednesday, the House Energy and Commerce Subcommittee on Health held a hearing entitled, “Legislative Proposals to Support Patients and Caregivers.” The hearing examined a range of public health bills (19 in total), several of which would reauthorize or address public health programs important to Duke Health. Examples include the Dr. Lorna Breen Health Care Provider Protection Act, the Emergency Medical Services for Children Reauthorization Act of 2024, and several programs related to Alzheimer’s research.
E&C Chair not running for re-election
House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) announced she will not seek re-election in November, an unexpected announcement for many in the health policy community. In a statement, Rep. McMorris Rodgers, who was first elected to Congress in 2004, stated “it’s been the honor and privilege of my life to represent the people of Eastern Washington in Congress. They inspire me every day. They are part of the strength and soul of America — the greatest experiment in self-governance the world has ever known. After much prayer and reflection, I’ve decided the time has come to serve them in new ways. I will not be running for re-election to the People’s House.” The full statement can be viewed here.
It rules: The latest regulatory updates
Here’s the latest on the regulatory front from DC.
CMS RFI on Research Data and Access
CMS has issued a Request for Information: Research Data Request and Access Policy Changes. According to CMS, two options are currently offered for accessing CMS Research Identifiable File (RIF) data: physical data extracts shipped to the researcher’s institution and accessing data through the Chronic Conditions Warehouse Virtual Research Data Center (CCW VRDC). CMS noted that “due to growing data security concerns and an increase in data breaches across the healthcare ecosystem, CMS is taking steps to discontinue the delivery of physical data in support of external research projects. Instead, researchers will be required to use the CCW VRDC to conduct all research using CMS RIF data.” CMS plans to implement the transition in phases and the RFI will inform the transition. Reports about the decision have some in the research community concerned, especially relating to the costs associated with the change.
Coming soon: Section 1557 – Nondiscrimination
The Biden administration’s long-awaited final rule updating the Affordable Care Act’s Section 1557 nondiscrimination in protections in healthcare is in final stages of review at the Office of Management and Budget. The rule is being updated in part to codify the Supreme Court’s decision in Bostock v. Clayton County, which extends nondiscrimination protections to include sexual orientation and gender identity. The rule may also include updates to standards related to artificial intelligence and potential algorithmic and systems bias. Our team is monitoring the imminent release closely.
What’s up, NC delegation
This week, Rep. Valerie Foushee (D-NC-04) joined as a cosponsor on the Safety from Violence for Healthcare Employees Act (SAVE Act). Our office has been working with her office to support this bill, which would provide federal protections from workplace violence for health care workers, similar to protections in current law for airport and aircraft employees.
Senator Thom Tillis (R-NC) joined Senators Marco Rubio (R-FL) and Angus King (I-ME) in introducing the “Strengthening Cybersecurity in Health Care Act” (S.3773). The bill would require the Inspector General of the Department of Health and Human Services to regularly evaluate the cybersecurity practices and protocols of the Department and report to Congress. It has been referred to the Senate Health, Education, Labor, and Pensions (HELP) Committee for further consideration,
From our desk(s): Duke Health GR this week
This week, Duke Health joined other organizations in signing a letter to leadership on the House and Senate Labor-HHS-Education Appropriations Subcommittees supporting no less than $500 million in funding for the Agency for Healthcare and Research and Quality (AHRQ) in FY 2025.
Our office participated in the North Carolina Healthcare Association (NCHA) federal update call to discuss congressional strategy and receive updates on health policy.
Members of our team also joined stakeholders in policy development meetings on artificial intelligence and telehealth, as well as advocacy calls for the National Association of ACOs and the Trauma Centers Association of America.
See You Soon – Virtual “Office Hours” on February 26th
Duke Health (federal) Government Relations is once again partnering with our Duke State Relations colleagues to hold virtual "office hours.” Open to members of the Duke Health Advocacy Network, these “office hours” are not formal presentations but instead an opportunity to talk about health-related issues before Congress and for us to learn more about the issues that are at the forefront for you and your work.
Date: Monday, February 26, 2024
Time: 9:00am
A meeting invite will be distributed soon. If you would like to be added to the meeting invite, click here.
Not yet a member of the Duke Health Advocacy Network? No problem! Learn more about how to join below.
Join the Duke Health Advocacy Network!
Looking for more opportunities to connect with fellow advocates and professionals interested in public policy across the health system? Join the Duke Health Advocacy Teams Channel! We’re growing leaps and bounds and hope you’ll consider joining us!
Managed and moderated by Duke Health Government Relations and Duke State Relations, the purpose of the platform is for you to connect with your colleagues throughout the health system who are engaged and/or interested in public policy advocacy. We hope the channel will be used as a space for sharing ideas, collaboration, and engaging with the government relations teams on the issues most important to your work.
We encourage you to explore the channel, as we will post relevant news items, policy updates, questions, advocacy resources, and opportunities for engagement. As importantly, this is your space to do the same and to help grow the community.
Click to Join
(Note: This is only open to Duke Health employees. By joining this teams channel, you acknowledge that the platform and your participation are intended for information sharing and connections/relationship building and is not an inducement by Duke Health Government Relations and Duke State Relations, or the channel’s participants, to act as an unauthorized advocacy and/or lobbying representative of Duke Health or Duke University).