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Federal Health Policy Updates for the Week of October 12, 2020

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Federal Updates
Don’t bother screaming into the void… it’s now full

COVID relief and stimulus
Stop us if you’ve heard this before. House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin are reportedly continuing negotiations on the next round of COVID-19 relief and stimulus. This despite several fits and starts over the past few weeks that have led to both parties at various points tamping down enthusiasm for a deal before the November elections.

House Democrats are holding firm on their offer of a scaled-back version of the HEROES Act (H.R. 6800). The revised $2.2 trillion proposal retains many elements from the original HEROES Act, including $4.7 billion for the National Institutes of Health, as well as $2.9 billion for the National Science Foundation, a temporary increase in Federal Medical Assistance Percentage (FMAP) payments to state Medicaid programs, and additional support for small businesses and the airline industry.

The White House has increased its offer to $1.8 trillion, with President Trump indicating that he may be willing to go even higher on a final package. However, significant disagreements over liability protections for employers and aid to state and local governments remain.

Senate Majority Leader Mitch McConnell (R-KY) continues to downplay the likelihood of a new COVID deal before November given reservations in his own caucus about a relief package in excess of $1 trillion. Senate Republicans may schedule a vote as early as next week on their own $500 billion proposal, which has been a nonstarter for House Democratic leadership.

An agreement before the elections may still be in reach, but prospects dim by the day.

Duke Health Government Relations continues to advocate for $26 billion to support the research enterprise and greater certainty for the future of expanded telehealth policies in any COVID-19 relief and stimulus agreement.

Senate Judiciary Committee sets vote on advancing Barrett nomination
Senate Judiciary Committee Chairman Lindsey Graham (R-SC) has announced that the Committee will hold a vote, despite Democratic member objections, on October 22 to advance Judge Amy Coney Barrett’s nomination to the Supreme Court for consideration to the full Senate. Senator Thom Tillis (R-NC), who sits on the Judiciary panel, has taken part in Judge Barrett’s confirmation hearings. The timing of the committee action makes it possible for the full Senate to vote on her confirmation the week of October 26 barring any procedural delays.

Seating Judge Barrett on the Supreme Court before November means that she would likely participate in hearing the November 10 opening arguments of a case challenging the legality of the Affordable Care Act.

CMS announces new covered telehealth services
The Centers for Medicare and Medicaid Services (CMS) has announced coverage of 11 new services to the Medicare telehealth services list. These new telehealth services include certain neurostimulator analysis and programming services, as well as cardiac and pulmonary rehabilitation services. Medicare will begin paying eligible practitioners who furnish these newly added telehealth services effective immediately and for the duration of the public health emergency (PHE).

For more information on the updated telehealth codes, please visit CMS’s telehealth resources.

To learn more about the trajectory of telehealth policy throughout the PHE, please visit our website.

What’s next? (A note from the Duke Health Government Relations Team)
The outcome of the impending elections will undoubtedly have major implications for the direction and priorities of the federal government both near and long term.

What will it mean for Duke Health and the future of research and our system of health care? We don’t know for sure yet, but we have some ideas.

In the lead up to November 3rd, we will be using this space to briefly review some of the stakes, players, and likely priorities that will take shape on November 4th and beyond.

The paths forward are varied, some uncertain, but our commitment to highlighting, supporting, and strengthening the capacity of Duke Health to remain a world class institution of education, training, research, and health care delivery persists.