POLICY BRIEFINGS

April 1 Marks Return of Medicare Sequester

Congress did not act to prevent the return of the Medicare sequester – beginning with a 1% cut to reimbursements – effective April 1. While lawmakers have been under pressure from health care stakeholders to avert the return of the sequester, which had thus far been postponed throughout the COVID-19 pandemic, there was little support on either side of the aisle for further delaying the cuts. The 1% sequester will be effective until June 30, and the full 2% sequester will resume on July 1.

HRSA to Delay PRF Recoupment, Allow More Time for Reporting

The Health Resources and Services Administration (HRSA) recently announced on its website that it will delay its recoupment of money from certain Provider Relief Fund (PRF) recipients who failed to meet the required reporting deadlines and provide a new opportunity to submit financial information and other details to retain the funds. Providers who received $10,000 or more in COVID-19 relief in a roughly six-month period are required to submit certain financial information and details on how they used the relief funds. The first reporting deadline was November 30, 2021, applied to relief received before June 30, 2020. The second reporting deadline was March 31, 2022, applied to relief funds received between July 1, 2020, and December 31, 2020. Providers have 30 days after the reporting deadline to return unused funds; those who missed the deadline have 30 days after the final notice to return all the relief. HRSA’s latest announcement will provide an opportunity for non-compliant providers to complete a report as a result of specific extenuating circumstances. While the specifics of this new process are not currently available, HRSA notes that providers should monitor this webpage for additional information.

OSHA Proposed Rule on Workplace Reporting

The Occupational Safety and Health Administration (OSHA) released a proposed rule last week to update its occupational injury and illness recordkeeping regulation. The current regulation requires certain employers to electronically submit injury and illness information, that they are required to keep, to OSHA. The proposed rule would require certain establishments in high-hazards industries to electronically submit additional information from their Log of Work-Related Injuries and Illnesses and their Injury and Illness Incident Report.

Upcoming Congressional Hearings and Markups

Senate Health, Education, Labor, and Pensions (HELP) Committee hearing “FDA User Fee Agreements: Advancing Medical Product Regulation and Innovation for the Benefit of Patients;” 10:00 a.m.; April 5

Senate Finance Committee hearing “The President’s Fiscal Year 2023 Health and Human Services Budget;” the witness will be The Honorable Xavier Becerra, U.S. Department of Health and Human Services (HHS) Secretary; 10:00 a.m.; April 5

House Natural Resources Subcommittee on Oversight and Investigations hearing “The Opioid Crisis in Tribal Communities;” 10:00 a.m.; April 5

House Energy and Commerce Subcommittee on Health hearing “Communities in Need: Legislation to Support Mental Health and Well-being;” 10:15 a.m.; April 5

House Ways and Means Committee hearing “Proposed Fiscal Year 2023 Budget with Health & Human Services Secretary Becerra;” 2:00 p.m.; April 5

House Education and Labor Committee hearing “Examining the Policies and Priorities of the U.S. Department of Health and Human Services;” 9:00 a.m.; April 6

Senate Armed Services Committee hearing to examine suicide prevention and related behavioral health interventions in the Department of Defense; 10:00 a.m.; April 6

Recently Introduced Health Legislation

S.3937 — A bill to establish a home-based telemental health care demonstration program for purposes of increasing mental health services in rural medically underserved populations and for individuals in farming, fishing, and forestry occupations; Sponsor: Sen. Rounds, Mike [R-SD]; Committees: Senate - Health, Education, Labor, and Pensions

S.3940 — A bill to amend the Public Health Service Act to authorize the Assistant Secretary for Mental Health and Substance Use to award grants, contracts, and cooperative agreements for planning, establishing, or administering programs to prevent and address the misuse of opioids, related drugs, and other drugs commonly used in pain management or injury recovery, as well as the co-use of one or more such drugs with other substances, by students and student athletes, and for other purposes; Sponsor: Sen. Shaheen, Jeanne [D-NH]; Committees: Senate - Health, Education, Labor, and Pensions

H.R.7232 — To provide for improvements in the implementation of the National Suicide Prevention Lifeline, and for other purposes; Sponsor: Rep. Cárdenas, Tony [D-CA-29]; Committees: House - Energy and Commerce

H.R.7233 — To amend title XIX of the Social Security Act to provide for requirements under Medicaid State plans for health screenings and referrals for certain eligible juveniles in public institutions; and to require the Secretary of Health and Human Services to issue clear and specific guidance under the Medicaid and Children’s Health Insurance programs to improve the delivery of health care services, including mental health services, in elementary and secondary schools and school-based health centers; Sponsor: Rep. Hudson, Richard [R-NC-8]; Committees: House - Energy and Commerce

H.R.7234 — To amend the Public Health Service Act to reauthorize certain programs with respect to mental health conditions and substance use disorders, and for other purposes; Sponsor: Rep. Spanberger, Abigail Davis [D-VA-7]; Committees: House - Energy and Commerce

H.R.7235 — To amend title XIX of the Public Health Service Act to make certain improvements with respect to block grants for substance use prevention, treatment, and recovery services, and for other purposes; Sponsor: Rep. Tonko, Paul [D-NY-20]; Committees: House - Energy and Commerce

H.R.7236 — To amend title XIX of the Social Security Act to expand the availability of mental, emotional, and behavioral health services under the Medicaid program, and for other purposes; Sponsor: Rep. Eshoo, Anna G. [D-CA-18]; Committees: House - Energy and Commerce

H.R.7237 — To amend the Public Health Service Act to reauthorize certain mental health, suicide prevention, and crisis care programs, and for other purposes; Sponsor: Rep. Griffith, H. Morgan [R-VA-9]; Committees: House - Energy and Commerce

H.R.7238 — To direct the Secretary of Health and Human Services shall revise opioid treatment program admission criteria to eliminate the requirement that patients have been addicted for at least 1 year prior to being admitted for treatment; Sponsor: Rep. Bucshon, Larry [R-IN-8]; Committees: House - Energy and Commerce; Judiciary

H.R.7241 — To amend title XIX of the Public Health Service Act to reauthorize the community mental health services block grant program, and for other purposes; Sponsor: Rep. Crenshaw, Dan [R-TX-2]; Committees: House - Energy and Commerce

H.R.7246 — To amend the Public Health Service Act to authorize the Assistant Secretary for Mental Health and Substance Use to award grants, contracts, and cooperative agreements for planning, establishing, or administering programs to prevent and address the misuse of opioids, related drugs, and other drugs commonly used in pain management or injury recovery, as well as the co-use of one or more such drugs with other substances, by students and student athletes, and for other purposes; Sponsor: Rep. Gottheimer, Josh [D-NJ-5]; Committees: House - Energy and Commerce

H.R.7248 — To amend title V of the Public Health Service Act to reauthorize certain mental health programs for children, and for other purposes; Sponsor: Rep. Joyce, John [R-PA-13]; Committees: House - Energy and Commerce

H.R.7249 — To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes; Sponsor: Rep. Matsui, Doris O. [D-CA-6]; Committees: House - Energy and Commerce

H.R.7253 — To amend the Federal Food, Drug, and Cosmetic Act to provide for clarification of requirements for the remanufacturing of medical devices, and for other purposes; Sponsor: Rep. Peters, Scott H. [D-CA-52]; Committees: House - Energy and Commerce

H.R.7254 — To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes; Sponsor: Rep. Porter, Katie [D-CA-45]; Committees: House - Energy and Commerce; Judiciary

H.R.7255 — To amend title V of the Public Health Service Act to reauthorize the Garrett Lee Smith Memorial Act, and for other purposes; Sponsor: Rep. McMorris Rodgers, Cathy [R-WA-5]; Committees: House - Energy and Commerce

H.R.7258 — To eliminate the individual and employer health coverage mandates under the Patient Protection and Affordable Care Act, to expand beyond that Act the choices in obtaining and financing affordable health insurance coverage, and for other purposes; Sponsor: Rep. Sessions, Pete [R-TX-17]; Committees: House - Energy and Commerce; Ways and Means; Education and Labor

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