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Federal Health Policy Updates for the Week of January 11, 2021

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With the swearing in of a new Congress and administration, our newsletter will continue to serve as a resource for you and will report on the notable happenings in Washington, D.C. as well as issues that directly affect the Duke Health mission.

Federal Updates
 
The past week and a half has been quite the year
The first few weeks of 2021 have not been the reprieve from the constant political news cycle of 2020 that many had hoped. Are there much quieter days just around the corner? In a word, no. But, within the noise there will be opportunities to shape and influence emerging policy priorities.

House impeaches Trump; what comes next could complicate Biden agenda
For only the fourth time in our nation’s history, the House of Representatives voted on Wednesday to impeach the President of the United States. The single article for “incitement of insurrection” was supported by all voting Democrats and ten Republicans. The constitutional process to remove the president now goes to the Senate, where current Senate Majority Leader Mitch McConnell (R-KY) has stated that he will not call the Senate back to open the trial stage before January 19 when the chamber is already scheduled to return.

Leader McConnell’s decision to delay, which he justified on procedural and due process grounds, means that any vote in the  Senate will almost certainly not take place until after President Trump’s term ends on January 20. In addition to raising constitutional questions, this reality will also have a significant impact on the Democratic majority’s agenda.

Current Senate Minority Leader Chuck Schumer (D-NY) will become majority leader next week once incoming Senator-elect Ralph Warnock (D-GA), Senator-elect Jon Ossoff (D-GA), and Vice President-elect Kamala Harris (the deciding tiebreaking vote) are sworn in. Senator Schumer is expected to manage the opening of the impeachment trial, as well as to ensure confirmation of Biden Cabinet appointees and oversee likely Senate votes on another round of COVID relief within the first few weeks of the Biden administration taking office.

It will be a balancing act requiring precision and no defections from a Democratic caucus eager to get to work on a number of priorities with only the slimmest of majorities.

Biden unveils COVID relief plan
On Thursday evening, President-elect Biden revealed his administration’s immediate legislative plan to tackle the impact of the ongoing COVID-19 public health emergency, with a goal of having it passed by Congress by mid-February.

Among other provisions, the $1.9 trillion plan would seek to federalize a national vaccine distribution plan, allotting $20 billion to set up sites in communities across the country, provide $50 billion for COVID testing, create a federal public health corps of 100,000 people to assist vaccine and COVID response, raise the federal minimum wage to $15 per hour, provide $1400 stimulus checks to individuals, support small businesses, enhance federally-backed paid sick and family leave, and include robust funding support for state and local governments.

The ambitious measure would also call on employers to provide back hazard pay for frontline workers during the public health emergency and authorize the Occupational Safety and Health Administration to issue a COVID-19 Protection Standard that covers a broad set of workers, so that workers not typically covered by OSHA, like many public workers on the frontlines, also receive protection from unsafe working conditions and retaliation.

Further details related to these proposals will likely be negotiated with congressional leaders in the coming weeks, and it is unclear how much support Biden will receive from Senate Republicans, at least some of whom will be needed to overcome procedural hurdles in the Senate if the package is introduced under current rules for regular order.

Following the passage of an initial relief package, Biden is expected to unveil a broader economic recovery proposal that will reportedly include details of a massive infrastructure improvement plan.

As Congress and the incoming Biden administration begin debating additional COVID relief, Duke Health Government Relations will continue to advocate for support for the research enterprise, provider relief, telehealth expansion, and other key Duke Health priorities. Additionally, our office will look for opportunities for Duke Health experts to inform new policy directions.

Azar extends PHE for another 90 days
Outgoing Health and Human Services Secretary Alex Azar has officially extended the COVID-19 public health emergency (PHE) declaration, which was set to expire January 21, for another 90 days.

The extension, which will now run through April 21, recognizes the critical status of the ongoing public health crisis and ensures that a number of temporary waivers and flexibilities, including those in place for telehealth coverage through Medicare, will remain in place through at least that date.

From our desk to yours: Duke Health GR team presses forward in 2021
This week, the Duke Health Government Relations team connected with several staff for new members of the North Carolina delegation to offer Duke Health expertise on health policy issues. Our outreach will continue as members receive final committee assignments and legislative priorities become clearer for the first session of the 117th Congress.

Duke Health leadership also talked with staff for Rep. David Price (D-NC-04) and Senators Richard Burr (R-NC) and Thom Tillis (R-NC) regarding the health system’s work to set up vaccine sites in the midst of an increasingly dangerous surge in the pandemic. Among the issues discussed was the need for a more centralized role played by the federal government to assist the efforts of state and local governments to distribute vaccines while facing shortages of resources and personnel.