Washington DC Update 9/22/2020
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SAMHSA’s Disaster Distress Helpline provides 24/7, 365-day-a-year crisis counseling and support to people experiencing emotional distress related to natural or human-caused disasters.
September is National Suicide Prevention Awareness Month. The Centers for Disease Control and Prevention (CDC) has created a new webpage for coping with stress in the difficult times resulting from the COVID-19 Pandemic.
Greetings from Washington, DC
Rest in Peace
Ruth Bader Ginsburg
1933-2020
Both houses of Congress are back in session after their August break, but have made no progress on another pandemic-relief bill. As of this writing, it seems unlikely, but not impossible, that a bill will be passed before the election. In other news…
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Medicaid Regulations: The administration -- (1) will withdraw the proposed “Medicaid Fiscal Accountability Regulation” that would have restricted states’ ability to fund their share of their Medicaid programs; (2) issued a proposed “Good Guidance” rule that, in effect, could rescind many federal policies governing state Medicaid programs.
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Vaccines: HHS announced that it would permit pharmacists to order and administer routine childhood immunizations to children ages 3-18; preliminary plans for the allocation and distribution of a COVID-19 vaccine have been released.
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The Census Bureau released data showing the largest annual increase in the number of uninsured children in more than a decade.
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The Centers for Disease Control and Prevention (CDC) issued a national moratorium on rental evictions through the end of the year.
PLEASE NOTE: DEADLINES FOR GETTING ECONOMIC IMPACT PAYMENTS (EIPs) (stimulus checks): Individuals who are eligible for but have not yet received an EIP must provide information to the IRS by October 15 to get the checks before filing their 2020 return.
National Hispanic Heritage Month is September 15 - October 15.
For Heritage Month resources, information about organ donation for Hispanics and Latinos awaiting transplants, and COVID-19 information in Spanish, see the end of this Update.
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IN THIS ISSUE
- Non-Coronavirus News, Information, and Resources
- The Supreme Court
- Congress
- Medicaid & Chip
- Affordable Care Act
- Coronavirus News, Information, and Resources
- Telehealth
- Childhood Vaccines & COVID-19 Vaccines
- Other COVID News, Information, & Resources
- TRICARE and Military Health System (COVID and non-COVID issues)
- Your Input Sought
- Upcoming Webinars and Calls
- Resources for Hispanic Heritage Month & COVID Information in Spanish
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NON-CORONAVIRUS NEWS, INFORMATION, & RESOURCES
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The Supreme Court
California v. Texas and Texas v. California
The death of Justice Ruth Bader Ginsburg has implications for the future of the Affordable Care Act (ACA). The constitutionality of the Act is being challenged by a number of Republican state attorneys-general, and defended by a number of Democratic state attorneys-general and the U.S. House of Representatives. The administration has sided with the challengers of the Act. The Court is scheduled to hear oral arguments in the case on November 10.
As summarized by “Scotusblog,” the issues in the case are:
(1) Whether the individual and state plaintiffs in this case have established Article III standing to challenge the minimum-coverage provision in Section 5000A(a) of the Patient Protection and Affordable Care Act (ACA) [“individual mandate”];
(2) whether reducing the amount specified in Section 5000A(c) [tax for not having insurance] to zero rendered the minimum-coverage provision unconstitutional; and
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Congress
Unlike the House bill, the Senate bill did not include any boost in Medicaid funding. A new bill is not expected to emerge before the election unless it is passed before the Senate adjourns in order to campaign, as it was expected to do at the end of this week. The death of Justice Ginsburg may change that schedule, however, since the Senate is likely to hold hearings as soon as possible on the president’s new appointee, which he is expected to announce at the end of this week. It is always possible that a last-minute deal will be reached, but as of this writing, the two sides are far apart on how much to spend so a compromise seems unlikely. See Trump says he can talk GOP into going for 'larger' virus aid, including stimulus checks (AP, 9/18/20)
Funding the government beyond September 30
Federal Fiscal Year 2020 ends on September 30, 2020. In the absence of final appropriations legislation to fund government departments and agencies, Congress often relies on short-term spending bills called “continuing resolutions,” (or CRs), and it will do so again this year. (The alternative is a government shut-down.) It was reported on Friday that an apparent deal between House Speaker Nancy Pelosi (representing House Democrats) and Treasury Secretary Steve Mnuchin (representing the administration) had broken down over farm subsidies, so the outlook now is uncertain.
Both sides seem to agree, however, that they want a “clean” CR, meaning one that would not include other provisions, such as COVID-19 relief, and that, with some exceptions, the CR would provide funding at FY 2020 levels. It has also been reported that the CR will last through December 11, although Speaker Pelosi had sought a February end-date. See Stopgap funding talks bleed into weekend amid farm aid pushback (Roll Call, 12/18/20).
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Medicaid & CHIP
CMS withdraws Medicaid Fiscal Accountability Rule (MFAR)
Proposed Rule on “Good Guidance”
On August 20, the Department of Health and Human Services (HHS) issued a proposed rule (with August 26 corrections) -- applicable to all of HHS except the Food & Drug Administration -- to implement presidential Executive Order 13891, which requires that all federal agencies conform with certain procedures for issuing guidance applicable to regulated entities. Although the rationale for the proposed rule is to ensure greater transparency in agency implementation of laws, it would have the opposite effect in the short term; HHS could rescind all current “guidance” -- without any opportunity for public comment -- by omitting it from a newly created database as of November 16, 2020. “Guidance” includes State Medicaid Directors letters (as in the next news item), FAQs, Informational Bulletins, and any other form of direction to states about how to implement their Medicaid programs.
Although such guidance does not officially have the force of law, it has been the basis for numerous Medicaid policies throughout the decades. In the future, “significant guidance documents,” as defined in the proposed rule, would be subject to a public comment period and, once approved, would be posted on the public database to be established by November 16.
8/20/20
MACPAC Child and Adult Core Set Quality Measure Dashboard
The Medicaid and CHIP Payment and Access Commission (MACPAC) has launched a new interactive dashboard that offers an overview of trends in state reporting and performance rates for the Child and Adult Core Set health care quality measures established by the Centers for Medicare and Medicaid Services (CMS). If you click on the dashboard’s “Performance” tab, you can find state-specific data about a variety of quality measures within five broad domains: behavioral health care; care of acute and chronic conditions; maternal and perinatal care; oral and dental care; and primary care access and preventive care.
For information about Medicaid and telehealth, see the “Telehealth” section, below. For information about Medicaid and the COVID vaccine, see the “Vaccines” section, below.
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Affordable Care Act
Open Enrollment Period:
The next Open-Enrollment Period begins on Sunday, November 1, and runs through Tuesday, December 15, 2020.
Coverage begins January 1, 2021. If someone doesn’t enroll in a plan by December 15, they can’t get 2021 coverage unless they qualify for a Special Enrollment Period.
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CORONAVIRUS NEWS, INFORMATION, & RESOURCES
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Telehealth
Report from Taskforce on Telehealth Policy
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CHILDHOOD VACCINES and the COVID-19 VACCINE
HHS Authorizes Pharmacists to Administer Childhood Vaccines and COVID-19 and Related Vaccines to Children
To address the decline in childhood immunizations during the pandemic, the Department of Health and Human Services (HHS) announced in August that it would permit certain licensed pharmacists and pharmacy interns to administer routine childhood vaccines to children ages 3 through 18. See August 24 Federal Register. This authorization is subject to a number of requirements.
Among these, the licensed pharmacist must complete a practical training program of at least 20 hours, and must inform the childhood-vaccination patients and child’s adult caregivers of the importance of a well-child visit with a pediatrician or other licensed primary-care provider, and refer patients as appropriate. The American Academy of Pediatrics opposes the HHS policy. See American Academy of Pediatrics Opposes HHS Action on Childhood Vaccines; Calls It ‘Incredibly Misguided’ (AAP News Release, 8/19/20). According to an article in Medpage Today, the American Academy of Family Physicians also opposes the HHS decision, as does Tricia Brooks, of the Georgetown University Center for Children and Families, while Georges Benjamin, MD, executive director of the American Public Health Association, agrees with the HHS position, “with some caveats.”
Vaccine Development
Vaccine Allocation and Distribution
Administration’s Preliminary Allocation and Distribution Plans for a COVID-19 Vaccine. As announced in a September 16 HHS press release, the Department of Health and Human Services (HHS) and the Department of Defense (DoD) released two documents and an infographic related to the distribution of a COVID-19 vaccine:
The 57-page COVID-19 Vaccination Program Interim Playbook for Jurisdiction Operations (Version 1.0, September 16, 2020), developed by the CDC, “serves as an interim playbook for state, territorial (including the US-affiliated Pacific Islands…), and local public health programs and their partners on how to plan and operationalize a vaccination response to COVID-19 within their jurisdictions.”
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National Academies Preliminary Framework. As explained in its September 1 new release, the National Academies of Sciences, Engineering, and Medicine (NASEM) released a “discussion draft of a preliminary framework to assist policymakers in planning for equitable allocation of a vaccine against COVID-19.” The committee that developed the draft framework was formed in July in response to a request to the National Academy of Medicine from the National Institutes of Health and Centers for Disease Control and Prevention. While the committee co-chairs said that committee values public input, the public comment period was only three and half days.
Those who would get the vaccine in Phase 1a (the “jumpstart” phase), would be first responders and “high-risk workers in health care facilities,” which would include home health care workers. Phase 1b would include, among others, people of all ages with comorbid or underlying conditions that put them at significantly higher risk, while Phase 2, would include people of all ages with comorbid or underlying conditions that put them at moderately higher risk. Other children and young adults without high risks would get the vaccine in Phase 3.
The preliminary framework does not recommend priority vaccination of family caretakers or other nonprofessionals caring for high-risk individuals.
The Consortium for Citizens with Disabilities (CCD) provided comments to the NASEM committee expressing several concerns, which they also conveyed in a September 9 letter to Roger Severino, the Director of the Office of Civil Rights at the Department of Health and Human Services (HHS). The letters recommend that people of all ages living in congregate or overcrowded settings should be prioritized equally, rather than giving higher priority to “older adults,” as the preliminary framework suggests. CCD also recommends that “individuals who receive services at home should receive priority for a vaccine when, as a result of disability, they are unable to effectively distance from others outside their household.”
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Other News, Information, and Resources
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TRICARE AND MILITARY HEALTH SYSTEM (COVID and non-COVID Updates)
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Asian American and Native Hawaiian & Pacific Islander In-language COVID-19 Resources - Ongoing
The Asian & Pacific Islander American Health Forum (APIAHF) has launched a crowd-sourcing project to collect Asian American and Native Hawaiian & Pacific Islander in-language COVID-19 resources. APIAHF will gather all of the responses and organize them by language here, so that people can see the variety of available resources. Please fill out the form here to submit a resource.
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UPCOMING WEBINARS AND CALLS
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[Webinars are listed in chronological order, based on the first webinar in the case of a series (meaning some calls taking place earlier will be listed after the series calls).]
Tuesdays and Thursdays, from September 15 through October 22,
2:00 pm ET
Health Reform: Beyond the Basics (Center for Budget and Policy Priorities)
All webinars will be recorded and available for viewing on the Center’s website.
Wednesday, September 23, 1:00 - 2:00 ET
The National Institute for Health Care Management (NIHCM) Foundation
Wednesday, September 23, 2:00-3:00 ET
Connecting Kids to Coverage National Campaign, Centers for Medicare and Medicaid Services
Thursday, September 24, 3:00 ET
Immunize Nevada
Thursday, September 24, 3:00 ET
Aligning for Health and American Hospital Association
Friday, September 25, 4:00 ET
Family Voices of California
Tuesday, September 29, 11:00 ET
Infectious Diseases Society of America (IDSA), the HIV Medicine Association (HIVMA) and the Pediatric Infectious Diseases Society (PIDS)
Tuesday, September 29, 2:30-4:00 ET
Sponsored by Nemours Children's Health System
Wednesday, September 30, 3:00-4:00 ET
Association of Maternal and Child Health Programs, National Academy for State Health Policy, and the Lucile Packard Foundation for Children’s Health
Wednesday, September 30, 3:00-4:00 ET
The National I&R Support Center at ADvancing States
Thursday, October 1, 12:00-1:00 ET
Public Health Communications Collaborative
Thursday, Oct 8, 1:00 ET
National Health Law Program
Thursday, October 8, 2:00-3:00 ET
The Arc
Ongoing
American Red Cross
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RESOURCES FOR NATIONAL HISPANIC HERITAGE MONTH &
COVID-19 INFORMATION IN SPANISH
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Resources for National Hispanic Heritage Month
The Health Resources and Services Administration notes that there are more than 22,000 Hispanics and Latinos waiting for a life-saving organs, and transplants have a greater chance of success when organs are matched between people of the same racial or ethnic background. To become an organ donor, visit organdonor.gov or donaciondeorganos.gov. Stay up-to-date on Facebook @Organdonor.gov and @Donaciondeorganos.gov.
Spanish-Language Resources on COVID-19
The NIH Community Engagement Alliance Against COVID-19 Disparities (CEAL) offers guidance and resources to community leaders so they can connect Hispanic/Latino and other minority communities with important, accurate information on public health, COVID-19 vaccine clinical trials and the importance of being included in research studies. For more information about volunteering for a COVID-19 study, please visit the COVID-19 Prevention Network.
The HHS Substance Abuse and Mental Health Administration (SAMHSA) has new COVID-19-related resources in Spanish:
Salud America! at UT Health San Antonio has created Juntos, We Can Stop COVID-19, a campaign that encourages Hispanics/Latinos to work together as a community to slow the spread of COVID-19.
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Family Voices is a national organization and grassroots network of families and friends of children and youth with special health care needs and disabilities that promotes partnership with families--including those of cultural, linguistic and geographic diversity--in order to improve healthcare services and policies for children.
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