Senate Confirms RFK Jr. as HHS Secretary – Robert F. Kennedy Jr. was sworn in as Secretary of the U.S. Department of Health and Human Services (HHS) on Thursday. The Senate confirmed Kennedy earlier that day by a vote of 52-48. Sen. Mitch McConnell (R-Ky.) was the only Republican to join the Democratic caucus in opposing RFK’s confirmation on the Senate floor. McConnell is a childhood polio survivor who has repeatedly expressed concerns about the new HHS secretary’s history of questioning the safety of scientifically proven vaccines.
President Signs EO to Establish MAHA Commission – President Donald Trump signed an executive order on Thursday launching the Make America Healthy Again Commission. The new commission, which will be chaired by HHS Secretary Robert F. Kennedy Jr., is charged with assessing the current state of pediatric chronic disease and releasing a strategy to address the issue within 180 days. The order specifically contains the following directives for federal agencies:
Budget Committees Mark Up FY 2025 Budget Resolutions – The House and Senate Budget committees began the budget reconciliation process last week, each marking up separate fiscal year 2025 budget resolutions. The Senate Budget Committee advanced its blueprint for a reconciliation bill focused on border security, the military, and domestic energy production in an 11-10 party line vote. To fully offset the $85.5 billion package, the resolution outlines minimum savings to be achieved by each congressional committee. The resolution requires that the Senate Finance Committee and the Senate Health, Education, Labor, and Pensions Committee each report changes in law that reduce the deficit by at least $1 billion over the next ten years.
The House fiscal blueprint was approved in a 21-16 party line vote. The House’s budget resolution calls for $880 billion in savings over the next decade to come from the Energy and Commerce Committee. Energy and Commerce Chair Brett Guthrie (R-Ky.) has stated that GOP leadership is deferring to committee leaders on exactly how this spending target will be reached. House Speaker Mike Johnson (R-La.) indicated that the chamber will vote on adopting the resolution before the end of the month. The House will reconvene following the chamber’s President’s Day recess on February 24.
E&C Republicans Form Data Privacy Working Group – Republican leaders of the House Energy and Commerce Committee announced the formation of a data privacy working group last week. The group, which will be led by Vice Chair John Joyce, MD (R-Pa.), plans to explore a framework for the creation of a national data privacy standard. The working group will also include Reps. Morgan Griffith (Va.), Troy Balderson (Ohio), Jay Obernolte (Calif.), Russell Fry (S.C.), Nick Langworthy (N.Y.), Tom Kean (N.J.), Craig Goldman (Texas), and Julie Fedorchak (N.D.). Stakeholders interested in engaging with the working group can reach out to [email protected] for more information.
Senate Dems Urge White House to Protect Medicare, Medicaid – More than 30 Senate Democrats have signed a letter to the Trump administration expressing concern about the Department of Government Efficiency’s (DOGE) recent visit to the Centers for Medicare and Medicaid Services (CMS) during which DOGE representatives gained access to CMS’ payment and contracting systems. The letter, led by Sens. Ed Markey (D-Mass.) and Elizabeth Warren (D-Mass.), warns that it is “dangerously unacceptable” that DOGE leader Elon Musk has access to sensitive CMS systems. “Masquerading as a false crusade against waste, fraud, and abuse, Musk appears intent to break the programs that seniors, people with disabilities, children, and families rely on to get their health care,” the senators write. They express opposition to any efforts by the administration to cut or damage the Medicare or Medicaid programs.
Court Temporarily Blocks New NIH Funding Policy – A federal court has granted a temporary restraining order barring the nationwide implementation of the White House’s attempt to reduce funding for research supported by the National Institutes of Health (NIH). A hearing date is scheduled for February 21. The Trump administration had directed the NIH to cut funding for extramural research by capping the maximum indirect cost rate at 15%. Such rates average nearly 30%, though some universities have negotiated rates over 60%. The NIH estimates that the cuts would save about $4 billion annually. Twenty-two states filed a lawsuit in response to the change, arguing that the cap is in violation of statute protecting negotiated indirect cost rates. The proposed cap on indirect costs has been met with widespread opposition by Democrats on Capitol Hill but has garnered a more mixed reaction amongst Republicans. Chair of the Senate Appropriations Subcommittee on Labor-Health and Human Services Shelley Moore Capito (R-W.Va.) responded that indirect costs need to be brought “in line with what would be considered reasonable cost share.” Senate Appropriations Committee Chair Susan Collins (R-Maine), however, stated that the cuts “would be devastating, stopping vital biomedical research and leading to the loss of jobs” and noted that the move was in violation of the appropriations package passed by Congress last March, which included language prohibiting the use of funds to modify indirect costs. In fact, each of the appropriations bills since the third quarter of fiscal year 2017 have included language prohibiting deviations from negotiated indirect costs rates. That language was enacted following a proposal from the first Trump administration to cap indirect costs at 10 percent, which lawmakers rejected.
MN Sen. Smith Announces Plans to Retire – Sen. Tina Smith (D-Minn.) announced last week that she does not plan to seek reelection next year. Smith has served in the Senate since 2018, when she was appointed to fill the seat of Sen. Al Franken (D) following his resignation. She currently serves on the Senate Finance Committee. Smith is the second Senate Democrat – along with Sen. Gary Peters (D-Mich.) – to announce their forthcoming retirement.
Rep. Larson Experiences Seizure on House Floor – Rep. John Larson (D-Conn.) experienced a seizure on the House floor last Tuesday. According to a statement from Larson on social media, the lawmaker was seen by the House Attending Physician after his speech momentarily paused on the House floor. It was determined that the cause of the problem was a complex partial seizure. “Fifteen years ago, I had a heart valve replacement due to a variation in the shape of my aortic valve that I was born with,” Larson’s statement explained. “Sometimes, people with this condition can later develop symptoms such as the momentary change in speech or movement that was apparent yesterday.”
HHS Personnel Update – President Trump announced several new nominees for positions at HHS last week.
Upcoming Congressional Hearings and Markups
Senate Veterans’ Affairs Committee hearing to consider the nomination of The Honorable Paul Lawrence, Ph.D. to be Deputy Secretary of Veterans Affairs; 9:30 a.m.; February 19
House Veterans’ Affairs Subcommittee on Technology Modernization hearing “From Reset to Rollout: Can the VA EHRM Program Finally Deliver?” 3:00 p.m.; February 24
Recently Introduced Health Legislation
H.R.1143 — To amend title XVIII of the Social Security Act to expand coverage of the in-home administration of intravenous immune globulin under the Medicare program. Sponsor: Smith, Adrian [Rep.-R-NE-3]; Committees: House – Energy and Commerce; Ways and Means
H.R.1142 — To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish drug adherence guidelines, and for other purposes. Sponsor: Schweikert, David [Rep.-R-AZ-1]; Committees: House – Energy and Commerce
H.R.1140 — To amend the Internal Revenue Code of 1986 to allow individuals with direct medical care service arrangement to remain eligible individuals for purposes of health savings accounts, and for other purposes. Sponsor: Roy, Chip [Rep.-R-TX-21]; Committees: House – Ways and Means
H.R.1127 — To establish a demonstration program to provide payments on eligible loans for individuals who are eligible for the National Health Service Corps Loan Repayment Program. Sponsor: Kustoff, David [Rep.-R-TN-8]; Committees: House – Energy and Commerce
H.R.1126 — To require a study on public health impacts as a consequence of the February 3, 2023, train derailment in East Palestine, Ohio. Sponsor: Joyce, David P. [Rep.-R-OH-14]; Committees: House – Energy and Commerce
H.R.1123 — To abolish the United States Agency for International Development, and for other purposes. Sponsor: Greene, Marjorie Taylor [Rep.-R-GA-14]; Committees: House – Foreign Affairs; Appropriations
H.R.1120 — To abolish the John E. Fogarty International Center for Advanced Study in the Health Sciences. Sponsor: Gill, Brandon [Rep.-R-TX-26]; Committees: House – Energy and Commerce
H.R.1117 — To amend the Federal Food, Drug, and Cosmetic Act to restrict direct-to-consumer drug advertising. Sponsor: DeLauro, Rosa L. [Rep.-D-CT-3]; Committees: House – Energy and Commerce
H.R.1108 — To amend the Public Health Service Act to direct the Secretary of Health and Human Services to develop a plan to improve the development and distribution of diagnostic tests during a public health emergency, and for other purposes. Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce
S.494 — A bill to establish a national plan to coordinate research on epilepsy, and for other purposes; Sponsor: Schmitt, Eric [Sen.-R-MO]; Committees: Senate – Health, Education, Labor, and Pensions
S.500 — A bill to reauthorize certain programs under the SUPPORT for Patients and Communities Act, and for other purposes; Sponsor: McConnell, Mitch [Sen.-R-KY]; Committees: Senate – Banking, Housing, and Urban Affairs
S.501 — A bill to require the Secretary of Health and Human Services to develop a strategy for public health preparedness and response to artificial intelligence threats, and for other purposes; Sponsor: Budd, Ted [Sen.-R-NC]; Committees: Senate – Health, Education, Labor, and Pensions
S.502 — A bill to amend title XVIII of the Social Security Act to restore State authority to waive for certain facilities the 35-mile rule for designating critical access hospitals under the Medicare program, and for other purposes; Sponsor: Durbin, Richard J. [Sen.-D-IL]; Committees: Senate – Finance
H.R.1153 — To amend title XVIII of the Social Security Act to support rural residency training funding that is equitable for all States, and for other purposes; Sponsor: Harshbarger, Diana [Rep.-R-TN-1]; Committees: House – Ways and Means; Energy and Commerce
H.R.1157 — To allow individuals to elect to receive contributions to a health savings account in lieu of reduced cost-sharing under health insurance obtained through a health insurance Exchange; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Ways and Means; Energy and Commerce
H.R.1160 — To amend the Internal Revenue Code of 1986 to clarify the treatment of locum tenens physicians and advanced care practitioners as independent contractors to help alleviate physician shortages, including in underserved areas; Sponsor: Carter, Earl L. “Buddy” [Rep.-R-GA-1]; Committees: House – Ways and Means
H.R.1162 — To facilitate direct primary care arrangements under Medicaid; Sponsor: Crenshaw, Dan [Rep.-R-TX-2]; Committees: House – Energy and Commerce
H.R.1171 – To amend title XVIII of the Social Security Act to include physical therapists and occupational therapists as health professionals for purposes of the annual wellness visit under the Medicare program, and for other purposes; Sponsor: Miller, Carol D. [Rep.-R-WV-1]; Committees: House – Energy and Commerce; Ways and Means
H.R.1178 — To amend the Federal Food, Drug, and Cosmetic Act to add alpha-gal to the definition of “major food allergen”; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Energy and Commerce
S.506 — A bill to require the Secretary of Veterans Affairs to carry out a pilot program to coordinate, navigate, and manage care and benefits for veterans enrolled in both the Medicare program and the system of annual patient enrollment of the Department of Veterans Affairs; Sponsor: Moran, Jerry [Sen.-R-KS]; Committees: Senate – Veterans’ Affairs
S.521 — A bill to amend title XVIII of the Social Security Act to waive certain distance requirements for certain hospitals electing to be designated as critical access hospitals; Sponsor: Fischer, Deb [Sen.-R-NE]; Committees: Senate – Finance
S.523 — A bill to amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for the administrative costs of providing health benefits to individuals who are unauthorized immigrants; Sponsor: Cassidy, Bill [Sen.-R-LA]; Committees: Senate – Finance
S.526 — A bill to prevent unfair and deceptive acts or practices and the dissemination of false information related to pharmacy benefit management services for prescription drugs, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Commerce, Science, and Transportation
S.527 — A bill to require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Judiciary
S.529 — A bill to limit cost-sharing for prescription drugs, and for other purposes; Sponsor: Warnock, Raphael G. [Sen.-D-GA]; Committees: Senate – Health, Education, Labor, and Pensions
H.R.1189 — To establish a national plan to coordinate research on epilepsy, and for other purposes; Sponsor: Costa, Jim [Rep.-D-CA-21]; Committees: House – Energy and Commerce
H.R.1191 — To amend title XVIII of the Social Security Act to waive certain distance requirements for certain hospitals electing to be designated as critical access hospitals; Sponsor: Flood, Mike [Rep.-R-NE-1]; Committees: House – Ways and Means
H.R.1195 — To amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for the administrative costs of providing health benefits to individuals who are unauthorized immigrants; Sponsor: Hudson, Richard [Rep.-R-NC-9]; Committees: House – Energy and Commerce
H.R.1196 — To prohibit the use of Federal funds to eliminate the United States Agency for International Development; Sponsor: Jacobs, Sara [Rep.-D-CA-51]; Committees: House – Foreign Affairs
H.R.1197 — To reauthorize the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Energy and Commerce
H.R.1201 — To amend the Immigration and Nationality Act to increase the number of physicians who may be provided Conrad 30 waivers; Sponsor: Lawler, Michael [Rep.-R-NY-17]; Committees: House – Judiciary
H.R.1219 — To amend the Internal Revenue Code of 1986 to include over-the-counter oral healthcare products as qualified medical expenses which can be purchased with HSA and FSA funds; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Ways and Means
H.R.1221 — To amend titles II and XVIII of the Social Security Act to establish a Social Security Surplus Protection Account in the Federal Old-Age and Survivors Insurance Trust Fund to hold the Social Security surplus and a Medicare Surplus Protection Account in the Federal Hospital Insurance Trust Fund to hold the Medicare surplus, to provide for suspension of investment of amounts held in such Accounts until enactment of legislation providing for investment of the Trust Funds in investment vehicles other than obligations of the United States, and to establish a Social Security and Medicare Part A Investment Commission to make recommendations for alternative forms of investment of the Social Security and Medicare surpluses; Sponsor: Walberg, Tim [Rep.-R-MI-5]; Committees: House – Ways and Means
S.532 — A bill to authorize the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation Network, and for other purposes; Sponsor: Grassley, Chuck [Sen.-R-IA]; Committees: Senate – Health, Education, Labor, and Pensions
S.540 — A bill to amend title 38, United States Code, to require the consideration of continuity of health care in determining best medical interest under the Veterans Community Care Program, and for other purposes; Sponsor: Tuberville, Tommy [Sen.-R-AL]; Committees: Senate – Veterans’ Affairs
S.547 — A bill to require the Secretary of Health and Human Services and the Secretary of Labor to conduct a study and issue a report on grant programs to support the nursing workforce; Sponsor: Rosen, Jacky [Sen.-D-NV]; Committees: Senate – Health, Education, Labor, and Pensions
S.551 — A bill to amend title XVIII of the Social Security Act to provide for the application of a cost-of-living adjustment to the non-labor related portion for hospital outpatient department services furnished in Alaska and Hawaii; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate – Finance
S.552 — A bill to amend title XVIII of the Social Security Act to provide for the treatment of critical access hospital services furnished by a critical access hospital located in a noncontiguous State; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate – Finance
S.553 — A bill to amend title XVIII of the Social Security Act to establish a floor on payments to sole community hospitals located in Alaska and Hawaii under the hospital outpatient prospective payment system; Sponsor: Sullivan, Dan [Sen.-R-AK]; Committees: Senate – Finance
H.J.Res.46 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)”; Sponsor: Clyde, Andrew S. [Rep.-R-GA-9]; Committees: House – Energy and Commerce
H.J.Res.58 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to “Medicare Program; Calendar Year (CY) 2025 Home Health Prospective Payment System (HH PPS) Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin (IVIG) Items and Services Rate Update; and Other Medicare Policies”; Sponsor: Clyde, Andrew S. [Rep.-R-GA-9]; Committees: House – Ways and Means; Energy and Commerce
H.R.1227 — To amend title XVIII of the Social Security Act to ensure appropriate access to non-opioid pain management drugs under part D of the Medicare program; Sponsor: Miller-Meeks, Mariannette [Rep.-R-IA-1]; Committees: House – Energy and Commerce; Ways and Means
H.R.1244 — To amend title XVIII of the Social Security Act to require that coinsurance for drugs under Medicare part D be based on the drug’s actual acquisition cost and not the drug’s wholesale acquisition cost; Sponsor: Davis, Donald G. [Rep.-D-NC-1]; Committees: House – Energy and Commerce; Ways and Means
H.R.1246 – To amend the Farm Credit Act of 1971 to provide support for facilities providing healthcare, education, child care, public safety, and other vital services in rural areas; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Agriculture
H.R.1248 — To amend title 38, United States Code, to require the consideration of continuity of health care in determining best medical interest under the Veterans Community Care Program, and for other purposes; Sponsor: Franklin, Scott [Rep.-R-FL-18]; Committees: House – Veterans’ Affairs
H.R.1254 — To improve obstetric emergency care; Sponsor: Kelly, Robin L. [Rep.-D-IL-2]; Committees: House – Energy and Commerce
H.R.1256 — To amend the Older Americans Act of 1965 to require reports to Congress on State Long-Term Care Ombudsman Programs, and for other purposes; Sponsor: Langworthy, Nicholas A. [Rep.-R-NY-23]; Committees: House – Education and Workforce
H.R.1257 — To permit the Attorney General to award grants for accurate data on opioid-related overdoses, and for other purposes; Sponsor: Lee, Laurel M. [Rep.-R-FL-15]; Committees: House – Judiciary
H.R.1262 — To amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for other purposes; Sponsor: McCaul, Michael T. [Rep.-R-TX-10]; Committees: House – Energy and Commerce
H.R.1269 — To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide public safety officer benefits for exposure-related cancers, and for other purposes; Sponsor: Scanlon, Mary Gay [Rep.-D-PA-5]; Committees: House – Judiciary
S.J.Res.19 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)”; Sponsor: Kennedy, John [Sen.-R-LA]; Committees: Senate – Environment and Public Works
S.575 — A bill to amend titles XVIII and XIX of the Social Security Act to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes; Sponsor: Merkley, Jeff [Sen.-D-OR]; Committees: Senate – Finance
S.585 — A bill to amend title 38, United States Code, to establish a pre-transition health care registration process to facilitate enrollment in the patient enrollment system of the Department of Veterans Affairs by members of the Armed Forces who are separating from the Armed Forces, and for other purposes; Sponsor: King, Angus S., Jr. [Sen.-I-ME]; Committees: Senate – Veterans’ Affairs
S.595 — A bill to establish the Office of Gun Violence Prevention, and for other purposes; Sponsor: Murphy, Christopher [Sen.-D-CT]; Committees: Senate – Judiciary
H.R.1279 — To amend title XIX of the Social Security Act to establish a community engagement requirement for certain individuals under the Medicaid program; Sponsor: Bean, Aaron [Rep.-R-FL-4]; Committees: House – Energy and Commerce
H.R.1288 — To amend title 38, United States Code, to increase the mileage rate offered by the Department of Veterans Affairs through their Beneficiary Travel program for health related travel, and for other purposes; Sponsor: Brownley, Julia [Rep.-D-CA-26]; Committees: House – Veterans’ Affairs
H.R.1289 — To direct the Secretary of Veterans Affairs to establish and carry out a pilot program to administer to eligible veterans medically-tailored meals and groceries, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Veterans’ Affairs
H.R.1290 — To direct the Secretary of Veterans Affairs to carry out a pilot program under which the Department of Veterans Affairs refers veterans experiencing mental health crises to approved non-Department mental health care providers, and for other purposes; Sponsor: Buchanan, Vern [Rep.-R-FL-16]; Committees: House – Veterans’ Affairs
H.R.1291 — To amend the Public Health Service Act to ensure that nonanimal methods are prioritized, where applicable and feasible, in proposals for all research to be conducted or supported by the National Institutes of Health, to provide for the establishment of the National Center for Alternatives to Animals in Research and Testing, and for other purposes; Sponsor: Calvert, Ken [Rep.-R-CA-41]; Committees: House – Energy and Commerce
H.R.1300 — To amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without the imposition of cost-sharing requirements, and for other purposes; Sponsor: Dunn, Neal P. [Rep.-R-FL-2]; Committees: House – Energy and Commerce
H.R.1303 — To prohibit the Secretary of Health and Human Services from implementing, administering, or enforcing provisions relating to minimum staffing standards for long-term care facilities and Medicaid institutional payment transparency reporting; Sponsor: Fischbach, Michelle [Rep.-R-MN-7]; Committees: House – Energy and Commerce; Ways and Means
H.R.1305 — To direct the Secretary of Health and Human Services to establish a working group to formulate recommendations for standardizing the measurements of loneliness and isolation, and for other purposes; Sponsor: Flood, Mike [Rep.-R-NE-1]; Committees: House – Energy and Commerce
H.R.1307 — To establish the Office of Gun Violence Prevention, and for other purposes; Sponsor: Frost, Maxwell [Rep.-D-FL-10]; Committees: House – Judiciary
H.R.1317 — To amend titles XVIII and XIX of the Social Security Act to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes; Sponsor: Joyce, David P. [Rep.-R-OH-14]; Committees: House – Energy and Commerce; Ways and Means
H.R.1336 — To direct the Secretary of Veterans Affairs to establish a pilot program to furnish hyperbaric oxygen therapy to a veteran who has a traumatic brain injury or post-traumatic stress disorder; Sponsor: Murphy, Gregory F. [Rep.-R-NC-3]; Committees: House – Veterans’ Affairs
H.R.1339 — To direct the Comptroller General of the United States to carry out a study relating to the resiliency of Social Security and Medicare; Sponsor: Nunn, Zachary [Rep.-R-IA-3]; Committees: House – Ways and Means; Energy and Commerce
H.R.1349 — To amend title XI of the Social Security Act to exclude providers of certain abortion services from participation in the Medicare program; Sponsor: Steube, W. Gregory [Rep.-R-FL-17]; Committees: House – Ways and Means; Energy and Commerce
H.R.1358 — To amend title XVIII of the Social Security Act to codify patients’ rights to hospital visitation, and for other purposes; Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]; Committees: House – Ways and Means; Energy and Commerce
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