💊 Axios Vitals: Dems' selling point

Plus, fight over EMTALA heats up | Friday, August 26, 2022

Open in app View in browser   Presented By PhRMA   Axios Vitals By Tina Reed · Aug 26, 2022 😎 Happy Friday, Vitals readers. Today's newsletter is 973 words or a 4-minute read.     1 big thing: Dems tout their health care bonafides in midterm stretch run Rep. Abigail Spanberger (D-Va.) at a campaign event in Woodbridge, Va. Photo courtesy of Abigail Spanberger for Congress   With the midterms looming, vulnerable congressional Democrats are wagering the health care provisions in the just-passed $740 billion reconciliation bill will give them an edge and possibly preserve their razor-thin majorities, Axios' Victoria Knight writes. Why it matters: Recent projections show Republicans likely to flip control of the House. But Democrats are trying to reprise their 2018 health care-focused campaign playbook with messaging around bill language allowing Medicare to negotiate the price of some drugs and extending enhanced Affordable Care Act subsidies for three years. Driving the news: Rep. Abigail Spanberger (D-Va.), who's locked in one of the most competitive House races in the country, told Axios the difference this time is that Democrats delivered on their promises. Her "mission accomplished" message is one of several that Democrats are deploying on the campaign trail. Democratic Senatorial Campaign Committee Chair Gary Peters (D-Mich.) portrays the passage of the bill as a victory over the pharmaceutical industry and entrenched Washington interests. "Every Republican voted against the bill because it holds Big Oil, Big Pharma, and other corporations that have been jacking up prices accountable," Peters said in a statement. Sen. Michael Bennet (D-Colo.), took a similar tone, touting the way Democrats finally "overcame the pharmaceutical industry" during a Thursday campaign event. Rep. Val Demings (D-Fla.), who won a Democratic primary this week to challenge Sen. Marco Rubio (R-Fla.), has contrasted her support for the bill with Rubio's opposition and how the Inflation Reduction Act helps the working class. The big picture: Capping prescription drug prices is the most popular provision in the bill, according to a recent Morning Consult poll, which said 76% of voters supported the measure, including 86% of Democrats, 71% of independents and 69% of Republicans. Yes, but: None of the bill's provisions will take effect before the elections. And the economy and making ends meet will still be foremost on voters' minds, despite falling gas prices and slowing inflation. Go deeper.     2. Drugmakers failed to report problems Photo: Sarah Silbiger/Getty Images   Half of the drugmakers required to report information about significant quality problems with products they shipped failed to do so between 2018 and 2021, Axios' Adriel Bettelheim writes about a new FDA report on pharmaceutical quality. Why it matters: The so-called field alert reports (FARs) are a key barometer of drug plant quality and are used to assess the risk to the public and the adequacy of a company's response. What they found: 49.1% of the 1,143 sites eligible to submit a FAR didn't over the four years the FDA reviewed. More than six in 10 were foreign plants, and the plants reviewed had a median of three new drug applications. 97% of sites that did submit a FAR submitted at least one follow-up report on the quality problem and corrective actions. Go deeper: FARs have to be submitted within three days of when a manufacturer receives information that a drug or its labeling may be mistaken for another product.  Reporting is also required when manufacturers learn about bacterial contamination, significant chemical or physical deterioration or any failure of a batch to meet specifications laid out in a drug application, per Regulatory Focus. Flashback: The FDA during the Trump administration imposed tougher safety and testing requirements, with a focus on raw ingredients. Reasons generally cited for problems range from poor quality controls to weak management oversight.     3. EMTALA fight heats up A pair of conflicting court decisions this week intensified the battle between the Biden administration and some red states over health providers who perform abortions in emergency situations. Why it matters: At the heart of this is the decades-old Emergency Medical Treatment and Labor Act, or EMTALA, which is designed to keep hospitals from turning away uninsured patients by requiring Medicare facilities to provide stabilizing care to patients with emergency conditions. The law become a flashpoint after Roe v. Wade was overturned and questions arose about how it applied to medical emergencies that require terminating a pregnancy. This week, a federal judge in Texas blocked the Biden administration's guidance outlining hospital staff and physicians' responsibilities under the law in that state. It effectively froze the argument the federal law preempts a state abortion ban in Texas. But a day later, a federal judge in Idaho came to the opposite conclusion, blocking Idaho's abortion ban when it conflicts with providers' obligations under EMTALA. Driving the news: The Biden administration today plans to reiterate to governors, except in Texas, its view that state abortion bans don't negate providers' responsibilities under the federal law in emergencies. "We will continue to enforce the federal law across the country. No matter where patients live they have the right to emergency care, including abortion care if their doctor determines that's necessary," an administration official said in a call with reporters. "The consequences for providers that violate EMTALA are real," another administration official said.     A message from PhRMA Improving access to life-saving medicine     Insurance companies and PBMs don't pay full price for insulin. So why do patients? Rebates, discounts and other payments from manufacturers lower the cost of insulins by more than 80% on average — but insurers and PBMs usually don't share these discounts directly with patients. Stand up for patients.     4. Private market takes on Medicare Reproduced from KFF; Chart: Axios Visuals As Medicare's open enrollment season approaches, it's entirely possible a majority of seniors will choose a Medicare Advantage plan for next year rather than traditional Medicare, according to a KFF report. Why it matters: Medicare Advantage has been growing quickly thanks to promises of capped out-of-pocket costs, vision and dental benefits, and perks like fitness classes. But as Axios previously reported, while the private alternatives to traditional Medicare coordinates care for people within a more narrow network of doctors and hospitals, promises of saving taxpayer dollars have not panned out. In 2022, nearly half of (48%) eligible Medicare beneficiaries, or 28.4 million people out of 58.6 million Medicare beneficiaries overall, are enrolled in Medicare Advantage plans.     5. Dog of the week Bogey. Photo: Jim Huffman.   Meet Bogey, a 1-year-old Golden Retriever and the furry embodiment of the joy found in soaking up those precious final moments of summer fun. Bogey lives in Boston with — surprise, surprise — a golfing family. His name "was either going to be Bogey or Birdie," writes his human Jim Huffman. "You can tell what type of golfers we actually are!"     A message from PhRMA Health savings for patients, not middlemen     Rebates and discounts from manufacturers lower the cost of insulins by more than 80% on average — but insurers and PBMs usually don't share these savings directly with patients. Next steps: Fix harmful insurance practices and lower out-of-pocket patient costs. Here's what you should know.   Why stop here? Let's go Pro. Join the thousands of professionals reading Axios Pro: Health Tech Deals to better understand the forces shaping their industry.   Axios thanks our partners for supporting our newsletters. If you're interested in advertising, learn more here. Sponsorship has no influence on editorial content. Axios, 3100 Clarendon B‌lvd, Arlington VA 22201   You received this email because you signed up for newsletters from Axios. Change your preferences or unsubscribe here.   Was this email forwarded to you? 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