Health Care Checkup
March 5, 2021
THE BIG PICTURE
The Senate is poised to pass its version of the American Rescue Plan this weekend after the Senate voted 51-50 along party lines to proceed to debate on the bill and Senator Ron Johnson (R-WI) forced a reading of the entire 628-page bill on the floor. Democratic leaders have been negotiating with rank-and-file members and the Biden Administration to secure enough votes for passage in the 50-50 Senate and reportedly are feeling confident that the legislation will pass even though Republicans have introduced several amendments in the meantime to force a vote-a-rama. Few, if any, of these amendments are expected to pass. While more changes are still possible, the latest draft of the Senate’s bill can be found here. Last Saturday, the House passed its version of the American Rescue Plan (H.R.1319) by a vote of 219-212. Since the Senate has made changes to the House-passed bill, the Senate bill must be returned to the House for another vote.
 
President Biden announced on Tuesday that J&J and Merck will work together to expand the production of J&J’s vaccine. This partnership will mean that the U.S. is now on track to have enough vaccine supply for every adult in the country by the end of May.
 
Also on Tuesday, President Biden’s nomination of Neera Tanden to lead the Office of Management and Budget (OMB) was withdrawn. The news came as Tanden was under fire for posting “overly partisan” content on Twitter. Tanden is still likely to serve in the Biden Administration, but her position has not yet been announced. Current reporting suggests that several people are most likely to replace Tanden as the OMB nominee. Some Democrats have been pushing for Shalanda Young, who has worked on the staff of the House Committee on Appropriations for 14 years, to become the new OMB Director. Other potentials include Ann O’Leary, a former Hillary Clinton aide, and Gene Sperling, a former economic adviser.
 
On Wednesday, the Senate Finance Committee deadlocked in a 14-14 tie, along party lines, during a vote to advance the nomination of Xavier Becerra as the new Department of Health and Human Services (HHS) Secretary. The Senate is expected to vote on Becerra’s nomination next week.
 
The House Energy and Commerce Subcommittee on Health held a hearing on the future of telehealth. The hearing focused on how flexibilities during the coronavirus pandemic surrounding telehealth in the Medicare program should be made permanent. The Subcommittee Chairwoman, Anna Eshoo (D-CA) said that “It’s time to make Medicare reimbursement for telehealth permanent.”
What to Expect Next Week: The Senate will likely pass its version of the American Rescue Plan. The bill may get sent back to the House for another vote if the Senate makes changes to the House’s version of its plan. 
DEEP DIVE
Senate on Verge of Passing American Rescue Plan
 
The Senate is poised to pass its version of the American Rescue Plan this weekend after the Senate voted 51-50 along party lines to proceed to debate on the bill and Senator Ron Johnson (R-WI) forced a reading of the entire 628-page bill on the floor. Democratic leaders have been negotiating with rank-and-file members and the Biden Administration to secure enough votes for passage in the 50-50 Senate and reportedly are feeling confident that the legislation will pass even though Republicans have introduced several amendments in the meantime to force a vote-a-rama. Few, if any, of these amendments are expected to pass. While more changes are still possible, the latest draft of the Senate’s bill can be found here. Last Saturday, the House passed its version of the American Rescue Plan (H.R.1319) by a vote of 219-212. Since the Senate has made modifications to the House-passed bill so the House will have to vote on the Senate bill once it passes. Provisions in the emerging Senate $1.9 trillion COVID-19 relief bill currently include:
 
  • $1,400 direct payment stimulus checks
  • Extends temporary federal unemployment benefits through August 29, 2021
  • Expands of the Affordable Care Act’s premium tax credits for health insurance purchased through an exchange
  • Eliminates health premiums for individuals at 150% of the federal poverty level (FPL) or less for the years 2021 and 2022
  • Incentives for states that have not expanded their Medicaid programs by increasing the federal funding share of state Medicaid programs by 5% over two years
  • $7.5 billion in funding for the Centers for Disease Control and Prevention (CDC) to prepare, administer, and track COVID-19 vaccines
  • $1 billion for the CDC to strengthen vaccine confidence
  • $5.2 billion for the Department of Health and Human Services (HHS) to support the research and development of additional COVID-19 therapies
  • Provides a COBRA subsidy to allow COBRA-eligible individuals to maintain their employer-sponsored coverage after being laid off, furloughed, or reduced in their hours through the end of September this year
  • Increases the child tax credit to $3,000 per child ($3,600 per child under age 6)
 
Democratic leadership is aiming to have the legislation to President Biden before March 14, when enhanced unemployment benefits will expire.
 
COVID-19 Vaccine Updates
 
On Saturday, the U.S. Food and Drug Administration (FDA) granted Johnson & Johnson’s (J&J’s) COVID-19 vaccine emergency use authorization (EUA). The Agency said that, “The totality of the available data provides clear evidence that the [J&J] COVID-19 vaccine may be effective in preventing COVID-19. The data also show that the vaccine’s known and potential benefits outweigh its known and potential risks, supporting the company’s request for the vaccine’s use in people 18 years of age and older.” The company has begun rolling out its single-dose vaccine and plans to initially ship out approximately 4 million doses.
 
President Biden announced on Tuesday that J&J and Merck will work together to expand the production of J&J’s vaccine. This partnership will mean that the U.S. is now on track to have enough vaccine supply for every adult in the country by the end of May.
 
Biden Administration Encounters Roadblocks in Confirming Top Administration Officials
 
On Tuesday evening, President Biden’s nomination of Neera Tanden to lead the Office of Management and Budget (OMB) was withdrawn. The news came as Tanden was under fire for posting “overly partisan” content on Twitter. Tanden is still likely to serve in the Biden Administration, but her position has not yet been announced. Current reporting suggests that several people are most likely to replace Tanden as the OMB nominee. Some Democrats have been pushing for Shalanda Young, who has worked on the staff of the House Committee on Appropriations for 14 years, to become the new OMB Director. Other potentials include Ann O’Leary, a former Hillary Clinton aide, and Gene Sperling, a former economic adviser.
 
On Wednesday, the Senate Finance Committee deadlocked in a 14-14 tie, along party lines, during a vote to advance the nomination of Xavier Becerra as the new Department of Health and Human Services (HHS) Secretary. The tie now enables Senate Majority Leader Chuck Schumer (D-NY) to bring Becerra’s nomination to the Senate floor for a full vote. Despite some potential Democratic opposition, Becerra still is likely to be confirmed to lead HHS as early as next week.
 
Telehealth Expansion for Medicare Garners Support from Lawmakers
 
On Tuesday, the House Energy and Commerce Subcommittee on Health held a hearing on the future of telehealth. The hearing focused on how flexibilities during the coronavirus pandemic surrounding telehealth in the Medicare program should be made permanent. In 2020, when the pandemic began in the U.S., Medicare began to temporarily pay for telehealth services outside of rural areas. The Centers for Medicare and Medicaid Services also made exceptions for audio-only visits and increased reimbursement rates for medical providers. Medicare beneficiaries have been utilizing these flexibilities throughout the year, and according to the witnesses at Tuesday’s hearing, both providers and patients have largely benefited from the flexibilities. Witness Megan Mahoney, M.D. said that “Based on experience and what we have learned to date, these policy changes should be made permanent. They have dramatically improved access to patient-centered care without increasing overall healthcare utilization.” The Subcommittee Chairwoman, Anna Eshoo (D-CA) said that “It’s time to make Medicare reimbursement for telehealth permanent.” However, some did note that the expansion of telehealth should come with guardrails to ensure against fraud and abuse. Full Committee Chairman Frank Pallone (D-NJ) said “We obviously want to make things permanent, but we also have to be careful about how we do it.”
SENATE HEARINGS AND EXECUTIVE SESSIONS
Senate Health, Education, Labor and Pensions Committee
Full Committee Hearing: "Examining Our COVID-19 Response: An Update from the Frontlines."
Tuesday, March 9 at 10:00 AM ET
HOUSE HEARINGS AND EXECUTIVE SESSIONS
House Committee on Appropriations
Subcommittee on the Departments of Labor, Health and Human Services, Education, and Related Agencies Hearing: COVID-19 and the Mental Health and Substance Use Crises
Thursday, March 11 at 10:00 AM ET
                 
House Committee on Education and Labor
Subcommittee on Workforce Protections Hearing: Clearing the Air: Science-Based Strategies to Protect Workers from COVID-19 Infections
Thursday, March 11 at 10:45 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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