Presented by the Coalition to Strengthen America’s Healthcare: Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
Dec 20, 2024 View in browser
 
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By Chelsea Cirruzzo and Ben Leonard

Presented by the Coalition to Strengthen America’s Healthcare

With help from Sophie Gardner, David Lim and Erin Schumaker 

Driving The Day

The U.S. Department of Health and Human Services building. | John Shinkle/POLITICO

A government shutdown would force HHS to furlough 55 percent of its staff. | John Shinkle/POLITICO

WHAT HAPPENS NEXT? The federal government is barreling toward a potential shutdown after the House voted down — 174-235 — a second plan offered by Republicans on Thursday night.

If the government partially shuts down tonight, Medicare and Medicaid claims could take longer to process, health officials’ response to emergencies could slow and drug research efforts could be interrupted.

Where we are: Congress has until midnight to pass a spending bill to avert a partial government shutdown, but the new plan House Republicans drew up Thursday night — which stripped away many health provisions the first deal included — failed in the House.

In the event of a shutdown, HHS will furlough 55 percent of its staff, according to its 2025 contingency plans. However, staff who work on mandatory programs, including Medicare and Medicaid, will be retained, and emergency surveillance operations will continue.

Here’s how HHS agencies will fare:

CDC: The agency would continue a few of its most vital operations, including “immediate response to urgent disease outbreaks” and “critical investigation needs” into food, health care, insect-borne diseases or “high-consequence pathogen threats.”

Additionally, the CDC would stop providing technical assistance to state and local health departments, responding to inquiries about public health matters and analyzing surveillance data for reportable diseases.

The CDC is dealing with several high-profile responses, chief among which is the avian flu outbreak tied to dairy cattle. On Wednesday, the agency announced the first severe case of bird flu in a human.

CMS: CMS would maintain staff needed to run Medicare and Medicaid, but claim payout could slow. According to the contingency plan, CMS has enough funding for Medicaid through the first quarter of 2025 and funding for only certain Medicaid grants in subsequent quarters.

Survey and oversight of health facilities, such as nursing homes, would be hampered, and only complaints of serious incidents of patient harm would be investigated. CMS would also slow down or pause rulemaking and wouldn’t provide oversight of its major contractors, including the Medicare Call Center. Beneficiary casework services would also be suspended.

National Institutes of Health: The National Institutes of Health would furlough three-quarters of its staff.

Although clinical trials would continue, according to the agency's contingency plan, basic research conducted by NIH scientists, some translational research conducted by NIH scientists, some veterinary services and scientific equipment services would cease.

Remaining staff would continue to support priority research projects, research oversight and contracts that would be hurt by a funding interruption.

FDA: The FDA’s shutdown plan says that a shutdown would significantly impact its ability to protect public health and safety, hurt research efforts, delay policy development and delay hiring efforts.

But a large portion of the agency would continue to work during a funding lapse because of the FDA’s reliance on user fees. Out of the agency’s workforce, 77 percent would remain, including staff who respond to emergencies, manage product recalls, monitor adverse events and handle medical product shortages, foodborne outbreaks and infectious disease threats.

The agency did not comment further on its shutdown planning beyond pointing to the contingency staffing document.

WELCOME TO FRIDAY PULSE. What a week leading into the holidays, huh? I plan to decompress tonight with a cheesy Christmas movie. Send your tips, scoops and feedback to ccirruzzo@politico.com and bleonard@politico.com and follow along @ChelseaCirruzzo and @_BenLeonard_.

 

A message from the Coalition to Strengthen America’s Healthcare:

NEW REPORT: Hospitals and health systems provide access to around-the-clock emergency and specialty care that other providers typically cannot offer, making them crucial access points for care 24 hours a day, 7 days a week, 365 days a year. ACCESS THE REPORT.

 
In Congress

Robert Kennedy Jr., center, President-elect Donald Trump's pick to lead the Health and Human Services Department, leaves a meeting with Sen. James Lankford, R-Okla., on Capitol Hill, Tuesday, Dec. 17, 2024, in Washington. (AP Photo/Mark Schiefelbein)

A group of five GOP senators have formed a caucus centered around Robert F. Kennedy Jr.'s mantra, Make America Healthy Again. | AP

MAHA COMES TO THE HILL — Five GOP senators said Thursday they launched a caucus to promote the ideals of Robert F. Kennedy, Jr.’s Make America Healthy Again movement, POLITICO’s Daniel Payne reports.

Sens. Ron Johnson (R-Wis.), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Rick Scott (R-Fla.), and Tommy Tuberville (R-Ala.) are its founding members.

What the caucus wants: The caucus will implement legislation in line with Kennedy’s agenda and work with state and local governments to do the same. President-elect Donald Trump nominated Kennedy to lead HHS last month.

The policy goals include promoting food and nonpharmaceutical interventions; encouraging agricultural practices that improve foods’ nutritional value; and furthering efforts to research, prevent and treat chronic diseases. The group also plans to push for more access to affordable primary care.

Why it matters: Kennedy, a longtime Democrat and scion of the country’s most famous Democratic family, has worked as an anti-vaccine activist and environmentalist. He’s also at times supported abortion rights.

That doesn’t appeal to many Republicans, but the caucus’ formation is in keeping with what GOP senators told POLITICO this week: They see a lot to like about Kennedy’s focus on disease root causes, his desire to overhaul the public health bureaucracy and his history of challenging experts, which Republicans think steered the country wrong during Covid-19.

The caucus also suggests some GOP senators are willing to adopt parts of Kennedy’s health policy vision as their own — while hoping to incorporate their longstanding goals.

What’s next: The Finance Committee, where Johnson has a seat, is expected to hold Kennedy’s confirmation hearing early next year. Marshall and Tuberville are on the Health, Education, Labor and Pensions Committee, which could also seek to hear from Kennedy.

 

You read POLITICO for trusted reporting. Now follow every twist of the lame duck session with Inside Congress. We track the committee meetings, hallway conversations, and leadership signals that show where crucial year-end deals are heading. Subscribe now.

 
 

WYDEN’S PLEA TO HOSPITALS — A Senate Democrat-led investigation into eight hospitals that reportedly denied or delayed abortion care found that most of the hospitals surveyed didn’t give doctors clear guidance on providing emergency reproductive care.

The hospitals named in the report did not immediately respond to requests for comment.

Context: The investigation centered around how the hospitals potentially violated patient protections known as the Emergency Medical Treatment and Active Labor Act, or EMTALA. The federal government is challenging Idaho in court over the law, which requires hospitals to provide emergency care, including abortion care for patients in crisis. An appeals court heard arguments this month from the Justice Department that Idaho’s enforcement of its near-total abortion ban during medical emergencies violates EMTALA.

The Supreme Court had weighed the case and sent it back to lower court judges earlier this year. A decision is expected sometime next year.

In the report, Senate Finance Committee Chair Ron Wyden (D-Ore.) argued that the findings — based on documents provided by the hospitals and interviews with providers — show the confusing medical landscape created by abortion bans. The report, for example, notes cases where a pregnant person experiencing a miscarriage was denied medication or surgery to speed up the pregnancy loss because of hospitals’ unclear legal guidance. In some cases, patients died from blood loss or sepsis.

Wyden called on hospitals to develop or improve training, guidance and resources to help medical staff navigate between EMTALA requirements and state abortion bans. He also called on providers to inform patients of their EMTALA rights.

What to watch: While the Biden administration has emphasized EMTALA rights, the Trump administration will take office on Jan. 20, and anti-abortion activists are confident his administration will either settle, change its interpretation of the law or drop the challenge with Idaho, rendering the suit moot.

 

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Drug Pricing

NEGOTIATED PRICES STILL HIGHER IN US — Other wealthy nations would still pay far less for certain prescription drugs even after Medicare negotiated new prices for 10 high-cost drugs go into effect, according to a new KFF analysis.

Context: Medicare announced negotiated prices for 10 drugs, set to go into effect in 2026 as part of the Inflation Reduction Act, resulting in prices that are, on average, 22 percent lower than what Medicare has been paying. However, drugmakers are challenging the law in court.

According to the analysis, Medicare would still pay 78 percent more on average than 11 wealthy countries with the next highest prices. In many cases, the negotiated prices are more than three times higher than in other countries.

For example, a 30-day supply of Eliquis, used to lower stroke risk, has been negotiated to $249 in the U.S. but costs $76 on average in other countries, including Australia, Germany, Japan and Switzerland.

 

POLITICO Pro's unique analysis combines exclusive transition intelligence and data visualization to help you understand not just what's changing, but why it matters for your organization. Explore how POLITICO Pro will make a difference for you.

 
 
Public Health

HOW PEOPLE USE FENTANYL — The percentage of people injecting fentanyl has sharply declined from July–December 2017 to January–June 2023, while snorting or smoking fentanyl has risen, according to a new CDC report.

Why it matters: U.S. overdose deaths involving fentanyl have more than doubled between 2019 and 2023. Report authors said that changing trends in how people use fentanyl — combined with the belief from some that smoking fentanyl is safer — means overdose prevention messaging and treatment should be tailored differently from a focus on injecting fentanyl.

What they found: Deaths involving fentanyl where evidence suggests it was smoked increased by 78.9 percent from 2020 to 2022, while deaths with evidence of injection declined by 41.6 percent.

The study authors also found regional differences: Fentanyl smoking increased in the Midwest, South and West from July–December 2017 to January–June 2023. In that same period, snorting or sniffing fentanyl increased in the Northeast.

WHAT WE'RE READING

The New York Times reports on how President-elect Donald Trump’s return might worsen financial woes for global health groups.

POLITICO’s Marcia Brown reports on a new FDA definition of “healthy” for food labels.

 

A message from the Coalition to Strengthen America’s Healthcare:

NEW REPORT: Hospitals are uniquely equipped to treat complex conditions that cannot be treated elsewhere. Hospitals also provide life-saving care beyond what other care settings offer 24 hours a day, 7 days a week, 365 days a year. Policymakers must protect hospital care.

ACCESS THE REPORT.

 
 

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