Health Care Checkup
June 18, 2021
THE BIG PICTURE
On Thursday, the U.S. Supreme Court dismissed the latest constitutional challenge to the Affordable Care Act (ACA), finding that the Republican-led states that brought the lawsuit and other plaintiffs did not have the legal standing to bring the case. Justice Stephen Breyer wrote the 7-2 decision for the majority. Justices Samuel Alito and Neil Gorsuch filed a dissenting opinion. The majority ruled that there is no harm to the plaintiffs from the ACA because Congress eliminated the penalty for failing to buy health insurance.
 
Also on Thursday, Senator Bernie Sanders (I-VT) reportedly confirmed to the media that Senate Democrats are considering  a $6 trillion spending package that would also expand Medicare and lower the cost of prescription drugs. Sanders told reporters, “The president has given us a framework; I think it’s a comprehensive and serious framework. It is the function of the Congress now to take that framework and go with it.
 
The Centers for Medicare and Medicaid Services (CMS) released a new report finding that more than 1 million new and returning consumers have health coverage through the Federal Health Insurance Marketplace for $10 or less per month after advance payments of premium tax credits (APTC). The American Rescue Plan Act (ARPA), which was signed into law in March by President Joe Biden, expanded the Affordable Care Act’s (ACA) premium tax credits by creating new tax credits and making individuals with incomes above 400% of the federal poverty level (FPL) eligible for the first time.
 
HHS announced that it awarded $125 million to support 14 nonprofit, private, or public organizations to help create community-based workforces that will work to build vaccine confidence and improve COVID-19 vaccination rates in underserved communities. The agency said that the award money reflects the first of two initiatives by President Biden to “hire and mobilize community outreach workers, community health workers, social support specialists, and others to increase vaccine access for the hardest-hit and highest-risk communities.”
 
The House Energy and Commerce Subcommittee on Health held a hearing on vaccine legislation aimed at expanding access to COVID-19 vaccines. The legislation under consideration would primarily expand vaccine access to seniors and low-income children by allowing more people to be eligible for vaccine coverage through federal-funded or state-funded health programs. While the majority of the bills considered at the hearing were bipartisan in nature, the Subcommittee Ranking Member Brett Guthrie (R-KY) said that “a number of [the] bills are duplicative of current efforts already underway to address the Covid-19 pandemic.” The Chairwoman of the Subcommittee, Anna Eshoo (D-CA), expressed that the Committee’s goal is to ensure every American can get vaccinated against COVID-19. MCRT’s summary of the hearing can be found here.
 
It has been reported that a coalition of over 100 labor unions, religious groups, and health policy proponents wrote a letter urging Congressional committee chairs and Democratic leaders to continue their push to pass H.R.3, the bill that would lower drug prices and allow for Medicare drug price negotiation. The coalition also asked that Congress lower the eligibility age for Medicare and expand benefits.
 
On Tuesday, the House Appropriations Committee Chair Rosa DeLauro (D-CT) announced the Committee’s schedule for marking up fiscal year 2022 appropriations bills. Markups for the Subcommittee and full Committee’s 12 annual appropriations bills are slated to begin on Thursday, June 24 and will conclude on Friday, July 16. On Monday, July 12, the Subcommittee will mark up the Health and Human Services appropriation bill, and on Thursday, July 15, the full Committee will mark it up.
What to Expect Next Week: Next Tuesday, the Senate Health, Education, Labor and Pensions Committee will hold a hearing titled, "Vaccines: America’s Shot at Ending the COVID-19 Pandemic." Also on Tuesday, the House Select Subcommittee on the Coronavirus will hold a hearing titled, "Lessons Learned: The Federal Reserve's Response to the Coronavirus Pandemic.” On Thursday, the House Energy and Commerce Subcommittee on Health will hold a hearing titled, "Empowered by Data: Legislation to Advance Equity and Public Health."  
DEEP DIVE
U.S. Supreme Court Dismisses Major Case Challenging Affordable Care Act

On Thursday, the U.S. Supreme Court dismissed the latest constitutional challenge to the Affordable Care Act (ACA), finding that the Republican-led states that brought the lawsuit and other plaintiffs did not have the legal standing to bring the case. Justice Stephen Breyer wrote the 7-2 decision for the majority. Justices Samuel Alito and Neil Gorsuch filed a dissenting opinion. The majority ruled that there is no harm to the plaintiffs from the ACA because Congress eliminated the penalty for failing to buy health insurance. Justice Breyer wrote, “We conclude that the plaintiffs in this suit failed to show a concrete, particularized injury fairly traceable to the defendants' conduct in enforcing the specific statutory provision they attack as unconstitutional. They have failed to show that they have standing to attack as unconstitutional the Act's minimum essential coverage provision.”

Democrats Discussing a $6 trillion Budget Reconciliation Proposal

On Thursday, Senator Bernie Sanders (I-VT) reportedly confirmed to the media that Senate Democrats are considering  a $6 trillion spending package that would also expand Medicare and lower the cost of prescription drugs. Sanders told reporters, “The president has given us a framework; I think it’s a comprehensive and serious framework. It is the function of the Congress now to take that framework and go with it. I think it is absolutely imperative that we deal with the existential threat of climate change, that we lower the cost of prescription drugs, that we make sure elderly people can chew their food because we expand Medicare to dental care, hearing aids and eyeglasses.” When asked if Democrats would go it alone on the package (without Republican approval), Sanders responded “Yeah, absolutely.”

CMS Announces that 40% of New Consumers Spend $10 or Less Per Month for HealthCare.Gov Coverage Following Implementation of American Rescue Plan Tax Credits
 
On Monday, the Centers for Medicare and Medicaid Services (CMS) released a new report finding that more than 1 million new and returning consumers have health coverage through the Federal Health Insurance Marketplace for $10 or less per month after advance payments of premium tax credits (APTC). The American Rescue Plan (ARP), which was signed into law in March by President Joe Biden, expanded the Affordable Care Act’s (ACA) premium tax credits by creating new tax credits and making individuals with incomes above 400% of the federal poverty level (FPL) eligible for the first time. The agency reports that 34% of all consumers (including 4 in 10 new consumers and 3 in 10 returning consumers) have selected a plan of $10 or less per month after the ARP expanded premium tax credits. The premium tax credit expansion is temporary and is set to expire in 2022.
 
HHS Grants $125 Million to Fund Community-Based Efforts to Improve COVID-19 Vaccination Rates in Underserved Communities
 
HHS announced that it awarded $125 million to support 14 nonprofit, private, or public organizations to help create community-based workforces that will work to build vaccine confidence and improve COVID-19 vaccination rates in underserved communities. The agency said that the award money reflects the first of two initiatives by President Biden to “hire and mobilize community outreach workers, community health workers, social support specialists, and others to increase vaccine access for the hardest-hit and highest-risk communities.” The workers will help to answer questions, make vaccine appointments, and assist with transportation, among other needs. Additionally, the award recipients will work to ensure that a broad geographic range will be targeted by the outreach efforts. A list of the award recipients can be found here.
 
House Energy and Commerce Subcommittee on Health Holds Hearing on Vaccine Legislation
On Tuesday, the House Energy and Commerce Subcommittee on Health held a hearing on vaccine legislation aimed at expanding access to COVID-19 vaccines. The legislation under consideration would primarily expand vaccine access to seniors and low-income children by allowing more people to be eligible for vaccine coverage through federal-funded or state-funded health programs. While the majority of the bills considered at the hearing were bipartisan in nature, the Subcommittee Ranking Member Brett Guthrie (R-KY) said that “a number of [the] bills are duplicative of current efforts already underway to address the Covid-19 pandemic.” The Chairwoman of the Subcommittee, Anna Eshoo (D-CA), expressed that the Committee’s goal is to ensure every American can get vaccinated against COVID-19. The witnesses who testified at the hearing discussed the need for a stronger public health infrastructure and the need to eliminate racial disparities in vaccine administration. MCRT’s summary of the hearing can be found here.
 
Coalition of More than 100 Write Letter to Congressional Leaders, Urging Them Not to Abandon Drug Bill that Allows Medicare to Negotiate Drug Prices
 
It has been reported that a coalition of over 100 labor unions, religious groups, and health policy proponents wrote a letter to Congressional leaders this week. The letter urged Congressional committee chairs and Democratic leaders to continue their push to pass H.R.3, the bill that would allow Medicare to negotiate with pharmaceutical companies to lower drug prices. The coalition also asked that Congress lower the eligibility age for Medicare and expand benefits. The groups reportedly said that the current cost of drugs has been detrimental to their members. The letter comes as movement on these issues has halted. Currently, no future hearings or markups have been scheduled for H.R.3. Last week, it was reported that Senate Finance Chair Ron Wyden (D-OR) plans to update a drug pricing bill from the 116th Congress that he co-wrote with Senator Chuck Grassley (R-IA). Wyden plans to add Medicare price negotiation into the bill.
 
House Releases Appropriations Markup Schedule
 
On Tuesday, the House Appropriations Committee Chair Rosa DeLauro (D-CT) announced the Committee’s schedule for marking up fiscal year 2022 appropriations bills. Markups for the Subcommittee and full Committee’s 12 annual appropriations bills are slated to begin on Thursday, June 24 and will conclude on Friday, July 16. On Monday, July 12, the Subcommittee will mark up the Health and Human Services appropriation bill, and on Thursday, July 15, the full Committee will mark it up.
 
HHS’ National Vaccine Advisory Committee Meets to Discuss COVID-19 Vaccines
 
HHS’ National Vaccine Advisory Committee (NVAC) convened on Wednesday and Thursday to discuss COVID-19 vaccine outreach, immunization equity, vaccine hesitancy, and the myriad of COVID-19 variants. Leaders from Merck, Pfizer, Moderna, Johnson & Johnson, and Novavax spoke to the committee on Thursday about their “experiences in the field.” The meeting can be viewed here.  
SENATE HEARINGS AND EXECUTIVE SESSIONS
Senate Health, Education, Labor and Pensions Committee - Hearing
Full Committee Hearing: "Vaccines: America’s Shot at Ending the COVID-19 Pandemic."
Tuesday, June 22 at 10:00 AM ET
HOUSE HEARINGS AND EXECUTIVE SESSIONS
House Select Subcommittee on the Coronavirus Crisis - Hearing
Select Subcommittee on the Coronavirus Crisis Hearing: Hybrid Hearing on "Lessons Learned: The Federal Reserve's Response to the Coronavirus Pandemic"
Tuesday, June 22 at 2:00 PM ET

House Committee on Oversight and Reform - Hearing
Subcommittee on Economic and Consumer Policy Hearing: "An Epidemic Continues: Youth Vaping in America"
Wednesday, June 23 at 10:00 AM ET

House Committee on Education and Labor - Hearing
Subcommittee on Health, Employment, Labor, and Pensions Hearing: “Examining Pathways to Build a Stronger, More Inclusive Retirement System”
Wednesday, June 23 at 10:15 AM ET

House Committee on Energy and Commerce - Hearing
Subcommittee on Health Hearing: "Empowered by Data: Legislation to Advance Equity and Public Health"
Thursday, June 24 at 10:30 AM ET
ADMINISTRATION ANNOUNCEMENTS
Centers for Medicare & Medicaid Services
 
Food and Drug Administration
 
Guidance Documents from the Centers for Disease Control and Prevention

National Institutes of Health
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