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Federal Health Policy Updates for the Week of November 4, 2019

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The Headlines

  1. Congress continues to work towards funding the government for FY 2020.
  2. Medicare payment rules were finalized last week.
  3. The National Institutes of Health is requesting public comment on data management.
  4. The White House hosted a meeting on the nation's research enterprise.
  5. The president nominated a leader for the Food and Drug Administration.

The Details

1. Federal funding and calendar update
Current government funding runs out on November 21, and Congress has yet to pass a single spending bill for FY 2020. The White House and congressional leaders are reportedly agreeable to another short-term spending bill that lasts through mid-December.

The House was in recess this week and plans to begin public impeachment hearings in the House Intelligence Committee next week.  

2. Final payment rules released
The Centers for Medicare and Medicaid Services (CMS) released its final rules for 2020 for the outpatient prospective payment (OPPS) and ambulatory surgical center (ASC) payment systems, as well as the physician fee schedule.
 
The OPPS/ASC final rule increases Medicare hospital OPPS rates by a net 2.6% in 2020 compared to 2019. In addition, the rule finishes phasing in use of the site-neutral rate for clinic visits provided in grandfathered off-campus departments for 2020. It also continues cuts to drugs purchased under the 340B drug savings program. CMS stated it will issue a separate final rule regarding the requirement that hospitals disclose payer-specific negotiated rates, which was initially proposed as part of the OPPS rule.

The physician fee schedule finalized a revised approach to paying for evaluation and management (E/M) services. Specifically, CMS will revert back to setting separate payment rates for all five levels of E/M visits rather than blending payment rates for certain levels (as it finalized last year). CMS will also now permit physicians and certain non-physician practitioners to review and verify, rather than re-document, notes made in the medical record by other members of the medical team.

3. Meeting of the Joint Committee on the Research Enviroment (JCORE)
On November 5, the White House Office of Science and Technology Policy convened federal government and non-government stakeholders to discuss improving the collective safety, integrity, productivity, and security of our nation’s multi-sector research environment. More information about this week's summit is available here.

4. NIH releases draft data sharing policy for comment
On November 6, the National Institutes of Health (NIH) released a request for public comment on a draft policy for data management and sharing. Under the draft, the sharing of data would enhance stewardship of taxpayer money and enable the validation of NIH-funded scientific findings. Comments are due by January 10, 2020. More information is available here.

5. FDA Commissioner nomination
On November 1, President Trump announced his intention to nominate Stephen Hahn, MD, to lead the Food and Drug Administration (FDA). Dr. Hahn currently serves as the chief medical executive at The University of Texas MD Anderson Cancer Center. Ned Sharpless, MD, has been serving as acting FDA commissioner since Scott Gottlieb, MD, resigned this spring.