President Biden nominated Judge Ketanji Brown Jackson to fill the vacancy that will be left by Justice Stephen Breyer on the Supreme Court. Jackson currently serves on the U.S. Court of Appeals for the District of Columbia Circuit. Jackson was born in D.C. and grew up in Miami. She attended Harvard College and Harvard Law School and clerked for Justice Breyer from 1999-2000.

President Biden extended the COVID-19 national emergency, which was originally declared on March 13, 2020, and was set to expire on March 1, 2022. The declaration of national emergency is required for the Department of Health and Human Services (HHS) Secretary to be able to temporarily waive or modify certain Medicare, Medicaid, Children’s Health Insurance Program (CHIP), and Health Insurance Portability and Accountability Act (HIPAA) requirements.

A federal judge in Texas ruled that the surprise billing arbitration process, as part of HHS’ September 2021 regulation, was unlawful. Back in October 2021, the Texas Medical Association sued HHS, arguing that its regulation unfairly gave insurers the upper hand in setting payment rates. The judge agreed with the Association and also found that the regulation did not successfully incorporate provisions set forth in the No Surprises Act.

Energy and Commerce Committee Chairman Frank Pallone (D-NJ) and Education and Labor Committee Chairman Bobby Scott (D-VA) introduced the No Surprises for COVID-19 Tests Act, which would extend free COVID-19 testing beyond the Public Health Emergency. It would also ensure that patients do not receive surprise medical bills for coronavirus tests. The press release can be found here.

House Representatives Angie Craig (D-MN), Dan Kildee (D-MI) and Lucy McBath (D-GA) introduced the Affordable Insulin Now Act, which would cap the out-of-pocket cost of insulin at $35 per month. In their press release, the Representatives cited a report from the Health Care Costs Institute, which found that insulin prices almost doubled from 2012 to 2016, from $344 to $666 for a 40-day supply of insulin. The legislation is similar to the insulin capping legislation introduced in the Senate, by Raphael Warnock (D-GA). Senate Majority Leader Chuck Schumer (D-NY) recently said that Warnock’s legislation would be a top priority for Democrats in the coming weeks.

CMS announced that it would overhaul a Trump-era Medicare pilot program aimed at moving traditional Medicare from fee-for-service care toward value-based care. The agency said that it is redesigning the Global and Professional Direct Contracting Model (GPDC) Model to “advance Administration priorities, including [its] commitment to advancing health equity, and in response to stakeholder feedback and participant experience.” The program will now be called the Accountable Care Organization (ACO) Realizing Equity, Access, and Community Health (REACH) Model. The press release can be found here and the fact sheet can be found here. 

President Biden extended the COVID-19 national emergency, which was originally declared on March 13, 2020, and was set to expire on March 1, 2022. The declaration of national emergency is required for the Department of Health and Human Services (HHS) Secretary to be able to temporarily waive or modify certain Medicare, Medicaid, Children’s Health Insurance Program (CHIP), and Health Insurance Portability and Accountability Act (HIPAA) requirements. The national emergency declaration is separate from the public health emergency declaration, which is currently in effect until April 16, 2022.

The Centers for Medicare and Medicaid Services (CMS) is seeking stakeholder feedback on proposed changes to its Quality Rating System (QRS) and Qualified Health Plan (QHP) Enrollee Experience Survey. The proposed changes, which would take effect in the 2023 plan year, include adding the Kidney Health Evaluation for Patient with Diabetes measure to the QRS measure set, refining the Colorectal Cancer Screening measure, temporarily removing the Initiation and Engagement of Alcohol and other Drug Abuse or Dependence Treatment measure from 2023 scoring, and incorporating optional Electronic Clinical Data System Reporting of measures. Additionally, in an effort to advance health equity, CMS is proposing to require QHP issuers to collect and report stratified race and ethnicity data for five measures, including Colorectal Cancer Screening, Controlling High Blood Pressure, Hemoglobin A1c (HbA1c) Control for Patient with Diabetes: HbA1c control (<8.0%), Prenatal and Postpartum Care, and Child and Adolescent Well-Care Visits. The comment period is open until March 9, 2022. Additional details can be found here.

CMS announced that it would overhaul a Trump-era Medicare pilot program aimed at moving traditional Medicare from fee-for-service care toward value-based care. The agency said that it is redesigning the Global and Professional Direct Contracting Model (GPDC) Model to “advance Administration priorities, including [its] commitment to advancing health equity, and in response to stakeholder feedback and participant experience.” The program will now be called the Accountable Care Organization (ACO) Realizing Equity, Access, and Community Health (REACH) Model. The REACH Model puts a greater emphasis on promoting equity among Medicare beneficiaries and “fully protecting” patients from “upcoding,” in which providers submit codes to insurers for more costly diagnoses and procedures than necessary for higher reimbursement. The press release can be found here and the fact sheet can be found here.

House Representatives Angie Craig (D-MN), Dan Kildee (D-MI) and Lucy McBath (D-GA) introduced the Affordable Insulin Now Act, which would cap the out-of-pocket cost of insulin at $35 per month. In their press release, the Representatives cited a report from the Health Care Costs Institute, which found that insulin prices almost doubled from 2012 to 2016, from $344 to $666 for a 40-day supply of insulin. The legislation is similar to the insulin capping legislation introduced in the Senate, by Raphael Warnock (D-GA). Additional information can be found here.

Energy and Commerce Committee Chairman Frank Pallone (D-NJ) and Education and Labor Committee Chairman Bobby Scott (D-VA) introduced the No Surprises for COVID-19 Tests Act, which would extend free COVID-19 testing beyond the Public Health Emergency. It would also ensure that patients do not receive surprise medical bills for coronavirus tests. The press release can be found here.

The Biden Administration announced new actions it plans to take to strengthen America’s supply chain. The Administration said that it will issue a new Buy American rule that will “create a new category of critical products that will be eligible for enhanced price preferences.” Additionally, the Department of Health and Human Services (HHS) will fully establish a new program through the Defense Production Act (DPA), to provide loans, grants, and other financing to incentivize U.S. manufacturing of essential health products, such as pharmaceuticals. More information can be found here.

HHS released a new report this week, which found that there has been a 40% reduction in the uninsured rate of Black Americans since the implementation of the Affordable Care Act (ACA) in 2010. The report also found that southern states that have not expanded Medicaid have the highest uninsured rates for all population groups. In response to the report’s findings, CMS Administrator Chiquita Brooks-LaSure said, “Advancing health equity is one of my top priorities, and, in pursuit of this goal, CMS invested in significant outreach to the Black community during this recent Open Enrollment period. The coverage gains achieved during Open Enrollment are just a first step – CMS will continue to advance health equity by expanding coverage access through Medicaid and the Children’s Health Insurance Program, Medicare and the ACA Marketplaces.” Additional information on the report can be found here.

Several Republican-led states, including Florida, Arizona, and West Virginia are pushing state legislation that would ban abortion after 15 weeks of pregnancy. The bills could pass as soon as this week, and were modeled after Mississippi’s abortion law, which is currently under review by the U.S. Supreme Court. The Supreme Court is expected to issue a decision on Mississippi’s law by this summer. 

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House Committee on Education and Labor - Hearing

Subcommittee on Health, Employment, Labor, and Pensions Hearing: Improving Retirement Security and Access to Mental Health Benefits

House Committee on Ways and Means - Hearing

House Committee on Ways and Means Hearing: Substance Use, Suicide Risk, and the American Health System

House Committee on Energy and Commerce - Hearing

Subcommittee on Oversight and Investigations Hearing: "Lessons from the Frontline: COVID-19's Impact on American Health Care"

House Select Subcommittee on the Coronavirus Crisis - Hearing

Select Subcommittee on the Coronavirus Crisis Hearing: Hybrid Hearing on "COVID Child Care Challenges: Supporting Families and Caregivers"