Tuesday, March 5, 2024

Biden’s health care footprint

Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
Mar 05, 2024 View in browser
 
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By Ben Leonard and Chelsea Cirruzzo

Driving the Day

Joe Biden delivers the 2023 State of the Union address.

President Joe Biden is expected to highlight his health care victories during Thursday's State of the Union address. | Jim Watson/AFP via Getty Images

BIDEN'S HEALTH CARE LEGACY — During his State of the Union address Thursday, President Joe Biden will have the chance to remind American viewers of his health care policy wins.

The president has a lot to talk about: He could point to the Inflation Reduction Act, which for the first time gave Medicare the power to negotiate prices on certain drugs, or the American Rescue Plan Act, which made Obamacare plans more affordable and drove down the rate of people without health insurance.

Health care affordability is a top issue for voters, according to a recent KFF poll.

But Biden also took office with big health care challenges, foremost among them ending the pandemic. The issues only grew after the Supreme Court overturned Roe v. Wade.

The president is grappling with seemingly intractable health care problems. Covid-19 is still sickening people, abortion access is in question, fatal drug overdoses driven by fentanyl hit a record high in 2022 and Americans are bitter that they’re still paying the highest drug prices in the world.

A review by POLITICO's health care team finds that while Biden might claim health care wins in Thursday’s speech, those victories are partial at best and might not endure — especially if he doesn’t win a second term, considering how different Donald Trump’s health care agenda will likely be.

What the White House has to say: In response to POLITICO’s inquiry, the White House touted Biden’s action on abortion, drug costs, mental health and the capping of insulin costs.

“President Biden believes that health care should be a right, not a privilege — and he remains focused on building on this historic progress,” said Neera Tanden, director of the Domestic Policy Council, in a statement to POLITICO.

WELCOME TO TUESDAY PULSE. Some are suggesting D.C. could be the “next great health-tech hub.” What do you think? Reach us at bleonard@politico.com or ccirruzzo@politico.com. Follow along @_BenLeonard_ and @ChelseaCirruzzo.

DON’T MISS POLITICO’S HEALTH CARE SUMMIT: The stakes are high as America's health care community strives to meet the evolving needs of patients and practitioners, adopt new technologies and navigate skeptical public attitudes toward science. Join POLITICO’s annual Health Care Summit on March 13 where we will discuss the future of medicine, including the latest in health tech, new drugs and brain treatments, diagnostics, health equity, workforce strains and more. REGISTER HERE.

At the White House

Daily prescription medications in a person's hand.

The high price of health care, including prescription drugs, is on Americans' minds, and the White House plans to address their concerns with a new task force aimed at lowering costs. | Phelan M. Ebenhack/AP

BIDEN’S NEW TASK FORCE — The White House is set to announce a federal task force tackling high health care costs, three people with direct knowledge of the matter told POLITICO’s Josh Sisco, Adam Cancryn and Megan R. Wilson.

The move comes ahead of the State of the Union address Thursday in which Biden is expected to hit corporations over high prices. Voters’ concerns about cost-of-living issues have dragged down Biden’s approval ratings on the economy despite a strong economic rebound post-pandemic.

The details: Officials from the Justice Department, the Federal Trade Commission and the Department of Health and Human Services will be involved, eyeing enforcement, the people said. Drug pricing and provider costs will be a significant focus, two of the people said.

The White House, the FTC and the DOJ declined to comment.

Biden has made antitrust a key part of his domestic policy, with the DOJ’s Jonathan Kanter and the FTC’s Lina Khan serving as aggressive enforcers. In December, the administration proposed a framework to seize the patents of certain medicines developed with taxpayer funds so the drugs could be sold at lower costs.

 

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In the Courts

PREVENTIVE MANDATE IN THE BALANCE — Federal appeals judges seemed set Monday to uphold a lower court ruling that would end an Obamacare requirement that millions of people get preventive care sans cost-sharing, POLITICO’s Kelly Hooper reports.

The Biden administration asked the court to limit a lower court’s ruling to those who brought the case. But two of the three judges — both Trump-appointed — were skeptical that the preventive care mandate shouldn’t be invalidated nationwide.

“You wouldn’t vacate these things just for people in Texas or just for the plaintiffs,” said Judge Cory Wilson. “If they’re invalid, they’re invalid.”

Justice Department attorney Daniel Aguilar argued that ending the mandate — which includes services like mammograms, mental health screenings and colonoscopies for close to 168 million people — would be a “drastic remedy.”

Zooming out: Conservative employers in Texas brought the case, arguing that when the U.S. Preventive Services Task Force set the requirements, it had acted unconstitutionally and the mandate to cover HIV prevention drug PrEP violated their religious rights.

In Congress

LAWMAKERS EYE DOC PAY REFORM — Bipartisan lawmakers in both chambers are mulling ways to change how doctors are paid under Medicare, according to three congressional staffers granted anonymity to discuss future legislative plans, POLITICO’s Daniel Payne reports.

Their goal is to end the yearly process in which CMS proposes pay cuts based on a formula Congress mandated decades ago, followed by doctors lobbying lawmakers to stop them.

Lawmakers reached a tentative agreement to end most of this year’s pay cut over the weekend.

A bipartisan Senate group formed last month plans to solicit ideas from stakeholders. The group aims to have legislative text this summer, one of the aides said.

In the House, the Ways and Means Committee is mulling a bill by Rep. Greg Murphy (R-N.C.) to allow CMS more leeway in setting payment rates, according to a staffer with knowledge of the discussions.

HEALTH CARE HITS THE FLOOR — Although the government funding package that’s expected to get a House vote Wednesday remains the primary focus for many, several health care bills are set for a vote on the House floor today.

The bills are slated to be taken up under suspension of the rules, meaning they’ll need a two-thirds vote to pass. They haven’t been controversial so far.

The bills under consideration include:

A measure that would require Customs and Border Protection to review and update its policies related to inspections at ports of entry, aimed at preventing fentanyl from being brought into the U.S. It passed the Senate by unanimous consent last June.

Legislation that aims to boost cybersecurity collaboration with HHS at the 988 mental health crisis hotline, which a cyberattack disrupted in late 2022. It unanimously advanced out of the House Energy and Commerce Committee last March.

— Measures that would reauthorize funding for state-based maternal mortality review committees through fiscal 2028, state grant programs for dental care and a pediatric research program through NIH. All have unanimously moved out of E&C.

Legislation to encourage direct primary-care arrangements in Medicaid, which unanimously advanced through E&C.

IN THE COMMITTEES — There’s some committee action in both chambers to watch this week, too.

The House Select Subcommittee on the Coronavirus Pandemic has a hearing scheduled Wednesday on the White House’s pandemic preparedness and response. Dr. Paul Friedrichs, director of the White House's Office of Pandemic Preparedness and Response Policy, will testify.

The Senate Budget Committee is set to meet Wednesday on “how primary care improves health care efficiency.” Witnesses include professors and a physician group official.

The Senate Health, Education, Labor and Pensions Committee will hold a hearing Thursday on the Older Americans Act, up for reauthorization at the end of fiscal 2024.

The act, initially passed in 1965 under former President Lyndon B. Johnson’s Great Society programs, aims to bolster health care and long-term care for older Americans. HHS official Alison Barkoff and Ramsey Alwin, CEO of the National Council on Aging, will testify, among others.

Senate Veterans Affairs’ Committee Chair Jon Tester (D-Mont.) holds a bipartisan press conference today to push legislation he’s leading with Sen. Mike Crapo (R-Idaho) that would expand benefits for medically retired combat veterans. The legislation has 71 Senate co-sponsors. Despite the overwhelming support, the Congressional Budget Office has estimated it would add $9.75 billion to the deficit over a decade, making it more difficult to pass.

Names in the News

The ERISA Industry Committee has named Tom Christina as executive director of the ERIC Legal Center and promoted Christina Strogis to director of health policy for federal affairs. Christina was previously counsel at Ogletree Deakins.

Melissa Burroughs has joined CareQuest Institute for Oral Health as public policy director. Previously, she was director of strategic partnerships at Families USA.

Alanna Temme has launched LMH Strategic Solutions, a boutique health care government affairs firm. She was previously an executive vice president at The McManus Group.

Naomi Goldberg is the new executive director of the Movement Advancement Project. She’s been at the organization since 2010.

Lisa LeCointe-Cephas has joined DLA Piper as a partner and chair of its life sciences sector. She was previously a senior vice president at Merck.

WHAT WE'RE READING

POLITICO’s Victor Goury-Laffont reports on France becoming the first country to make abortion a constitutional right.

STAT reports on access barriers to buprenorphine and methadone to treat opioid use disorder.

 

DON’T MISS POLITICO’S HEALTH CARE SUMMIT: The stakes are high as America's health care community strives to meet the evolving needs of patients and practitioners, adopt new technologies and navigate skeptical public attitudes toward science. Join POLITICO’s annual Health Care Summit on March 13 where we will discuss the future of medicine, including the latest in health tech, new drugs and brain treatments, diagnostics, health equity, workforce strains and more. REGISTER HERE.

 
 
 

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Ben Leonard @_BenLeonard_

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