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Federal Health Policy Updates for the Week of March 23, 2020

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The Headlines

  1. Congress approved a third emergency funding package in response to the COVID-19 virus, sending it to the president for signature.
  2. Congressional appropriators continue work on FY2021 government funding.
  3. The Secretary for Health and Human Services urged governors to recognize health professional licenses across state lines.

The Details

1. Federal COVID-19 virus updates
In the wake of the national health emergency declared by President Trump on March 13, staff for Senator Richard Burr (R-NC), Senator Thom Tillis (R-NC) Rep. GK Butterfield (D-NC-01), and Rep. David Price (D-NC-04) remain in regular contact with Duke Health experts on the health system's preparedness plans, testing capabilities, and supply chain needs.

On March 20, Duke Health sent a letter to the White House urging President Trump to use the powers of the Defense Production Act (DPA) to meet critical medical supply needs during the COVID-19 national health emergency. Duke Cancer Institute Executive Director Michael Kastan, MD, PhD, also joined a letter with nearly 100 fellow leaders at major academic cancer centers in support of increased supply production through the DPA.

In response to research needs, Duke joined more than 75 organizations in urging the president to immediately lift restrictions on federally funded research using fetal tissue so that scientists are not constrained in developing treatments and vaccines to battle COVID-19. The research community is working to ensure that all ethical research tools are brought to bear on the COVID-19 public health emergency. Also, at the urging of Duke Health, Rep. Price signed onto a letter asking the Department of Health and Human Services to provide a temporary waiver of Clinical Laboratory Improvement Amendments (CLIA) requirements to allow for more flexibility for pathologists to work remotely and to make their own determinations with respect to lab operations. On March 26, the Centers for Medicare and Medicaid Services issued guidance to laboratory surveyors to provide important guidance to surveyors and laboratories during the COVID-19 public health emergency, including that pathologists may review pathology slides remotely if certain conditions are met.

As Congress continued its debate over "Phase Three" COVID-19 recovery and stimulus legislation this week, Duke Health Chancellor for Health Affairs Gene Washington, MD joined his colleagues in a letter to Congressional leaders in support of academic medical centers during the COVID-19 public health emergency.

On March 25, the Senate approved by a vote of 96-0 a third, $2 trillion emergency relief package that includes, among many other things, $100 billion for hospitals and $945 million for the National Institutes of Health to support COVID-19 research. Visit our website for more details. The House approved the bill by voice vote on March 27, and the president is expected to sign it immediately.

Once the bill is signed into law, attention will turn to the administration of this massive legislative package, which will infuse almost 10% of the nation’s GDP into the economy in less than a month. This will be a momentous task that will involve every agency of the federal government, as well as states and localities. We also expect that, even while away from Washington, DC, talks will soon begin around "Phase Four" legislation to cover aspects of stimulus and recovery spending that were not fully addressed in the current effort.

2. FY 2021 appropriations process underway
Despite most of the attention on Capitol Hill being focused on legislation to respond to COVID-19, congressional appropriators are preparing for the FY 2021 appropriations process.

Duke Health signed onto a letter led by the Defense Health Research Consortium in support of full and robust funding for the Department of Defense Medical Research Program. This week, Duke Health Government Relations also encouraged Senators Burr and Tillis to sign a letter to Senate leaders supporting full, authorized funding of $11.5 million for MISSION Zero, which provides funding to ensure trauma care readiness by integrating military trauma care providers into civilian trauma centers.

3. Telehealth licensure update
On March 10, North Carolina Governor Roy Cooper issued an Executive Order that, among other things, provides for a temporary waiver of North Carolina licensure requirements for health care and behavioral health personnel licensed in another jurisdiction. On Tuesday, Health and Human Services Secretary Alex Azar urged all governors to allow health professionals licensed or certified in other states to practice their professions in other states, either in person or through telemedicine. Duke Health Government Relations contacted several House offices urging them to sign a similar letter to the HHS Secretary before he issued his own letter.