This Week (December 16 - 20)

The Senate is expected to take up the House-passed NDAA and lawmakers are expected to begin consideration of a final continuing resolution to extend federal funding and certain health care policies beyond the current December 20 government funding deadline. This week is expected to be the final week of the 118th Congress and we could see the House and Senate continue to advance bills. For example, several bills related to public health research have been placed on the House suspension calendar.

Last Week (December 9 - 13)

Health Care Highlights

House passes FY 2025 NDAA. On Wednesday (December 11), the House voted 281-140 to pass the FY 2025 National Defense Authorization Act (NDAA), which includes some health care policies, including coverage updates for Tricare enrollees and provisions aimed at onshoring production of and increasing transparency into supply chains, including pharmaceutical supply chains that serve the Department of Defense. The NDAA notably did not include the Biosecure Act, which would prohibit health care companies from using federal funding to purchase or obtain biotechnology equipment or services from certain biotechnology companies located in "countries of concern." The Senate is expected to take up the NDAA next week.

Senate passes bills related to employer reporting. On Tuesday (December 10), the Senate passed by unanimous consent two bills (HR 3797, HR 3801) that modify Affordable Care Act requirements for employers and health plans to send tax forms to covered individuals showing proof of minimum essential coverage (1095-B and 1095-C tax forms) unless a form is requested.

Congress negotiates CR, health extenders. This week, House and Senate leadership continued to negotiate a continuing resolution (CR), which the House and Senate must pass by December 20 to keep the federal government funded. A deal to extend government funding into March is expected to be released this weekend. Disaster relief seems promising as an add-on to the CR and lawmakers are still negotiating potential extenders for health care items set to expire, including community health centers, pandemic preparedness programs, opioid response programs, and Medicare telehealth flexibilities, including the Acute Hospital Care at Home Program and those allowing employers to offer pre-deductible telehealth for high-deductible health plans paired with a health savings account. Lawmakers also are negotiating whether to include a broader health package that addresses Medicare physician pay cuts and an Advanced Alternative Payment Model (APM) bonus extension. Lawmakers may consider offsetting some of the health care extensions with pharmacy benefit manager reforms, legislation to address patent thickets, and a provision to require hospital outpatient departments have unique national provider identifiers. The length of extensions and scope of potential policies remains in flux as negotiations draw nearer to a close.

FTC warns against misleading ACA exchange plan advertising. On Tuesday (December 10), the Federal Trade Commission (FTC) announced it has sent warning letters to 21 companies that market or generate sales leads for Affordable Care Act exchange plans and health products, including limited benefit plans and medical discount programs. The letters warn companies against misrepresenting plan benefits and costs.

ASTP/ONC publishes HTI-2 final rule. On Wednesday (December 11), the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health IT (ASTP/ONC) published the Health Data, Technology, and Interoperability: Trusted Exchange Framework and Common Agreement (TEFCA) (HTI-2) final rule, which includes policies updating TEFCA and includes corrections and definition changes related to the ONC Health IT Certification Program. The final rule does not include the interoperability and prior authorization policies included in the July 2024 HTI-2 proposed rule. ASTP/ONC said those would be addressed in future final rulemaking.

Hearings, Markups, and Other Committee Activity

House Republican Steering Committee names committee chairs for 119th Congress. This week, the House Republican Steering Committee completed its selection of committee chairs for next Congress. Chairs of committees with health care jurisdiction will be:

• Rep. Tim Walberg (R-Mich.) will take over as chair of the House Education and Workforce Committee.
• Rep. Brett Guthrie (R-KY), current House Energy & Commerce Health Subcommittee chair, will chair the full Energy & Commerce Committee.
• Rep. Jason Smith (R-MO) will remain as House Ways & Means Committee chair.
• Rep. Mike Bost (R-Ill.) will remain as House Committee on Veterans' Affairs chair.
• Rep. James Comer (R-Ky.) will remain as House Oversight Committee chair.
• Full list of House Committee Chairs available here.

House Committee on Veterans' Affairs Subcommittee on Technology Modernization Oversight will hold a hearing on "Modernizing VA: Lessons Learned in the 118th Congress." On Thursday (December 12), the Subcommittee heard from two panels of witnesses representing veteran advocates, federal watchdogs, and the Department of Veterans Affairs on the challenges the VA has faced modernizing its technology, including its ongoing electronic health record modernization efforts.

• More Information available here.

Senate Special Committee on Aging held a hearing on "Empowering People with Disabilities to Live, Work, Learn, and Thrive." On Thursday (December 12), the Committee heard from a panel of witnesses on the barriers that exist for Americans with disabilities and potential policy solutions to ease those barriers. The hearing marked the final hearing for Chair Bob Casey (D-PA), who did not win re-election. During the hearing, Chair Casey released a series of issue briefs detailing his record chairing the Aging Committee. Click here for the issue briefs.

• More Information available here.

Reports, Studies, and Journals

Government Accountability Office: Veterans Health Administration: Additional Actions Needed to Improve Oversight of Health Care System. The report estimates that people with employer-sponsored coverage have lower premiums than those enrolled in exchange plans, but their average contributions to the premiums were higher than those in the exchange market.

CMS Innovation Center: 2024 Report to Congress. The report details CMS Innovation Center Model tests and provides updates on the center's strategic accomplishments, outreach initiatives, evaluation, and other supporting activities.

Congressional Budget Office: Options for Reducing the Deficit: 2025 to 2034. The report details policy options, including several health policy options, and their estimated budgetary effects that could reduce federal budget deficits over a decade.