This Week in Washington: Senate Finance Committee releases discussion draft for Nov. 8 markup; White House issues executive order on AI; House passes two appropriations bills; Senate passes minibus.

Congress

House

House Passes Two Appropriations Bills and Continues to Discuss a Continuing Resolution

Last week, the House passed the Legislative Branch and Interior-Environment appropriations bills. It is unclear if the Senate will accept these bills and they will likely have to be conferenced. On Nov. 2, the House was scheduled to vote on the Transportation-HUD funding bill but the vote was postponed.

The Speaker of the House continues to discuss a continuing resolution (CR) with the Republican Caucus. On Nov. 2, Speaker Johnson proposed a "laddered CR," which would set staggered funding deadlines for each appropriations bills. This would likely force Congress to pass appropriations bills on an individual basis instead of combining and passing them together in an omnibus package as has typically been done.

Please see Senate story on the minibus.

House Energy and Commerce Chairmen Send Letters Concerning Improper Medicaid Payments and Budget Neutrality Requirements

On Oct. 31, House Energy and Commerce Committee Chairman Cathy McMorris Rodgers (R-WA) and two subcommittee chairmen, Brett Guthrie (R-KY) and Morgan Griffith (R-VA), sent a letter to Department of Health and Human Services (HHS) Inspector General Christi Grimm and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure concerning the prevalence of improper payments within the Medicaid program. The chairmen are requesting information on the steps the agencies have taken to address them.

In addition, the chairmen sent letters to CMS Administrator Chiquita Brooks-LaSure and Government Accountability Office (GAO) Comptroller General Gene Dodaro regarding changes made to budget neutrality requirements for Medicaid demonstrations. The chairmen are concerned about the potential for fraud in the calculation of state budget neutrality limits under Section 1115 Medicaid waivers.

For more information on the letter to HHS, click here.
For more information on the letter to CMS on improper payments, click here.
For more information on the letter to CMS on budget neutrality, click here.
For more information on the letter to the GAO, click here.

House Energy and Commerce Chairmen Threaten to Subpoena FDA Over Laboratory Safety Rules Violations

On Nov. 1, House Energy and Commerce Committee Chairman Cathy McMorris Rodgers (R-WA) and two subcommittee chairmen, Brett Guthrie (R-KY) and Morgan Griffith (R-VA), sent a letter to Food and Drug Administration (FDA) Commissioner Robert Califf, warning that the committee could subpoena the FDA if it fails to provide information regarding federal laboratory safety rules violations. The chairmen are concerned about the FDA's noncompliance with federal workplace safety regulations and its delays in addressing laboratory safety recommendations from the Government Accountability Office.

The committee began this Congress with an oversight hearing that investigated the origins of the COVID-19 pandemic and in April, it held a subcommittee hearing on biosafety and risky research practices.

For more information, click here.

Senate

Senate Passes Minibus

On Nov. 1, the Senate passed the mini-omnibus funding package by an 82-15 vote. The minibus contains the Agriculture-FDA, Military Construction-VA and Transportation-HUD appropriations bills.

Please see House story on appropriations.

Senate Finance Committee Chairman and Ranking Member Release Discussion Draft Containing PBM, MA and Mental Health Proposals

On Nov. 2, Senate Finance Committee Chairman Ron Wyden (D-OR) and Ranking Member Mike Crapo (R-ID) released a discussion draft that includes legislative proposals aimed at addressing Medicare and Medicaid mental health and substance use disorder providers, prescription drug costs, funding for primary care physicians and access to telehealth mental health services. It also includes extenders for Medicare and Medicaid provisions that are set to expire this year.

The committee will mark up the discussion draft on Nov. 8 alongside legislation concerning pharmacy benefit manager (PBM) reforms that was reported favorably by the committee in July. The Chairman and Ranking Member have been focused on reforming PBMs and lowering prescription drug costs since releasing a legislative framework in April.

For more information, click here.

Senate HELP Committee Ranking Member Launches Healthcare Cybersecurity Working Group

On Nov. 2, Senate Health, Education, Labor and Pensions (HELP) Committee Ranking Member Bill Cassidy (R-LA), Senate Intelligence Committee Chairman Mark Warner (D-VA) and Sens. Cornyn (R-TX) and Hassan (D-NH) established a bipartisan healthcare cybersecurity working group.

The working group will examine cybersecurity proposals under HELP committee jurisdiction and will work towards crafting legislation aimed at strengthening cybersecurity within the healthcare and public health sectors.

For more information, click here.

Senate HELP Committee Ranking Member Pushes for Oversight on School-Based Health Centers

On Oct. 17, Senate Health, Education, Labor and Pensions (HELP) Committee Ranking Member and Senate Finance Committee member Bill Cassidy (R-LA) sent a letter to HELP Committee Chairman Bernie Sanders (I-VT) regarding school-based health centers (SBHCs).

The Ranking Member is requesting that the Chairman establish a process to review and evaluate SBHCs within the HELP Committee, and schedule a hearing on the SBHC Program and the Full-Service Community Schools Program.

For more information, click here.

Senate HELP Committee to Hold Subcommittee Hearing on Role of AI in Healthcare

On Nov. 8, the Senate Health, Education, Labor and Pensions (HELP) Committee Subcommittee on Primary Health and Retirement Security will hold a hearing on the role of artificial intelligence (AI) in healthcare.

The hearing comes after the White House issued an executive order on AI that directs federal agencies to develop AI standards and oversight strategies. On Oct. 31, the subcommittee held a hearing to examine the role of AI in the workforce.

For more information, click here.

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