| | | | |  | | By David Lim and Lauren Gardner | | | | | | | 
Democrats are pushing states to pass bills that would protect the right to contraception. | Saul Loeb/AFP via Getty Images | CONTRACEPTION RIGHTS CAMPAIGN — Lawmakers in red and purple states are accelerating a Democratic push to establish a right to contraception, warning that birth control access might not be assured as the effects of the Dobbs ruling continue to reverberate, Lauren writes. As of early March, legislators have introduced 31 bills in 15 states in 2024 alone to create a legal or constitutional right to birth control, according to the Guttmacher Institute, an abortion-rights think tank. And 21 measures were introduced last year in some of those states while 11 others are pending, with just one having passed in New Mexico. Running up that hill: Most of the measures face a steep road: About half include abortion-care protections, and Republicans either control the legislature or the governor’s mansion in 19 of the 26 states where measures have been introduced. Still, Democrats in those states say it’s critical to get Republicans on record on contraception, especially as federal and state GOP lawmakers continue to reel from the impact of an Alabama Supreme Court ruling in February that declared embryos were people. Eyes on Virginia: One state that could see a right to contraception enshrined in law this year is Virginia, where the Democrat-controlled legislature has already sent a bill to the governor’s desk. A Democratic lawmaker told Lauren that Gov. Glenn Youngkin’s office expressed opposition to the measure before both chambers passed it; a spokesperson for the governor would only say he’s reviewing all legislation sent to him. Youngkin has until April 8 to sign, amend or veto the bill. He could also opt not to sign it, allowing it to become law without his signature. The Trump effect: Alabama’s House minority leader introduced a right-to-contraception bill last week, days after the legislation allowing IVF procedures to restart in the state was passed. Democratic state Rep. Anthony Daniels noted that the Alabama legislature acted after former President Donald Trump, the presumptive 2024 GOP presidential nominee, voiced his support for IVF. “When you see things like that, you have to focus your attention on preempting other things to come,” Daniels said. “And the next thing will be contraception.” IT’S FRIDAY. WELCOME BACK TO PRESCRIPTION PULSE. RIP Stumpy. Send news and tips to Lauren Gardner (lgardner@politico.com or @Gardner_LM) or David Lim (dlim@politico.com or @davidalim).
| | | | A message from Express Scripts by Evernorth: With drug prices on the rise, Express Scripts by Evernorth is redefining and reimagining what's possible for the Pharmacy Benefit. Prescriptions come with an easy-to-understand savings statement, detailing the drug’s cost, the consumer cost, and the value generated by Express Scripts. All of this is made simple with one, clear fee. And if we don’t reach our client’s goals, they pay less – guaranteed. Simplicity, savings, and trust – that’s our pharmacy benefit. | | | | | | | 
The EPA has mandated that facilities that sterilize medical equipment with a gas that can cause cancer must upgrade to reduce their emissions. | Justin Sullivan/Getty Images | EPA RULE OFFERS DEVICE MAKERS FLEXIBILITY — The FDA and medical device manufacturers appear cautiously optimistic they can implement a new rule aimed at dramatically reducing emissions of a carcinogenic gas from facilities that sterilize medical equipment by 90 percent. The final rule, released Thursday, gives large facilities two years to upgrade to reduce ethylene oxide emissions. Smaller commercial sterilizers have three years and can ask the EPA for a fourth year, POLITICO’s Annie Snider reports. The issue has raised public alarm in communities near the country’s nearly 90 sterilization facilities, often located close to neighborhoods, schools and childcare facilities. The EPA also noted that President Joe Biden has “backstop authority” under the Clean Air Act that could provide a two-year compliance exemption to any facility deemed in the county's national security interest. The “EPA has confirmed that the president is prepared to exercise this authority, if necessary, to protect the medical supply chain, and a commercial sterilizer is working in good faith to come into compliance with the rule,” the agency said. The FDA said the final rule includes “key changes” to ensure the availability of sterile medical devices. The industry view: Soumi Saha, senior vice president of government affairs at group purchasing organization Premier, said commercial sterilizers might need to pause operations to upgrade facilities. But she said it is a good sign that the EPA will work with the FDA and companies to mitigate the rule’s impact. “By adjusting the compliance timeline and permitting the staggering of facilities based upon size … EPA has acknowledged the need to protect and enhance environmental stewardship in the communities we serve while preventing medical device shortages and downstream impact to patient care,” Saha said.
| | | | JOIN US ON 3/21 FOR A TALK ON FINANCIAL LITERACY: Americans from all communities should be able to save, build wealth, and escape generational poverty, but doing so requires financial literacy. How can government and industry ensure access to digital financial tools to help all Americans achieve this? Join POLITICO on March 21 as we explore how Congress, regulators, financial institutions and nonprofits are working to improve financial literacy education for all. REGISTER HERE. | | | | | | | | | MODERNA MAKES LONG COVID PUSH — Moderna CEO Stéphane Bancel urges consumers to consider getting the latest Covid-19 vaccine to lower their risk of developing long Covid. Preventing the condition — the myriad symptoms of which can range from unpleasant to debilitating and last for weeks, months or years — is the main reason why Bancel said he gets an updated vaccine every year, adding that he’s not worried about Covid landing him in the hospital given his age — early 50s — and healthy status. “I think my risk of getting long Covid is much higher,” he told Lauren on Thursday. The data: Studies have shown that Covid vaccination is associated with a lower prevalence of long Covid, though the impact appears to lessen with each additional dose. A 2022 study in Italy showed the condition’s prevalence to be 30 percent among patients with one dose, 17.4 percent with two doses and 16 percent with three. Still, long Covid remains a risk with each infection. The message: Bancel avoided mentioning what Americans “should” do regarding Covid vaccination, saying he would rather communicate data so people can decide for themselves.
| | | | A message from Express Scripts by Evernorth:   | | | | | HHS BACKS SENATE PBM REFORM — HHS Secretary Xavier Becerra told the Senate Finance Committee on Thursday that his department is “absolutely prepared to work” with Congress on pharmacy benefit manager reform. “We want to find a way to have more transparency in the ways PBMs operate, and certainly, I think, we agree there’s no reason to have middlemen in the healthcare system if they’re not going to provide health care,” Becerra said at a hearing on the proposed HHS fiscal 2025 budget. He added that the White House recently held a roundtable about PBM reform. Committee Chair Ron Wyden (D-Ore.) and ranking member Mike Crapo (R-Idaho) stressed the need to get their bipartisan PBM legislation over the finish line. The bill would limit what Medicare enrollees pay for some drugs and require HHS to “de-link” how much PBMs profit from a drug’s list price, helping to lower costs. The committee advanced the bill in November but has since stalled amid disagreements over the scope of PBM reforms. The hearing was attended by dozens of pharmacists who had met with Wyden and Crapo earlier in the day to advocate for PBM reform. CASSIDY WANTS TO REVISIT LAB TEST REGS — Senate HELP Committee ranking member Bill Cassidy wants Congress to weigh in on how the FDA regulates clinical tests. The Louisiana Republican doubled down on his position that FDA rulemaking to overhaul regulation of laboratory-developed tests goes beyond the agency’s statutory authority. He requested information from stakeholders by April 3 to inform an effort to “modernize current regulations to support innovation while ensuring these clinical tests are safe and effective to use.” In the House, Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) and Health Subcommittee Chair Brett Guthrie (R-Ky.) said late Thursday that the subcommittee will hold a March 21 hearing on the FDA’s proposed rule. “Any paradigm-shifting changes to the current regulations must come from Congress — not the Executive Branch,” Rodgers and Guthrie said in a statement.
| | | | DON’T MISS AN IMPORTANT TALK ON ACCESS TO AFFORDABLE PRESCRIPTION DRUGS IN CA: Join POLITICO on March 19 to dive into the challenges of affordable prescription drugs accessibility across the state. While Washington continues to debate legislative action, POLITICO will explore the challenges unique to California, along with the potential pitfalls and solutions the CA Legislature must examine to address prescription drug affordability for its constituents. REGISTER HERE. | | | | | | | | The Reagan-Udall Foundation announced that Dr. Adrian Hernandez has been elected vice chair of its board. Debra Ness is the board’s treasurer and Lynne Zydowsky is the new secretary.
| | | HHS Secretary Xavier Becerra defended the FDA's review of cannabis science at a Senate Finance Committee hearing, POLITICO's Natalie Fertig reports. The FDA granted accelerated approval to a drug to treat a serious liver disease known as noncirrhotic non-alcoholic steatohepatitis to Madrigal Pharmaceuticals, STAT’s Adam Feuerstein reports.
| | Rep. Brad Wenstrup (R-Ohio), chair of the House Select Subcommittee on the Coronavirus Pandemic, announced a second hearing on vaccine safety reporting and injury compensation systems will be held on March 21.
| | | | A message from Express Scripts by Evernorth: With drug prices on the rise, Express Scripts by Evernorth is redefining and reimagining what's possible for the Pharmacy Benefit.
ClearCareRX ensures clients pay what Express Scripts pays pharmacies for member prescriptions, with 100% of rebates returned to payers, including all discounts.
Clients receive clear savings statements, outlining drug costs and Express Scripts’ value. They pay one simple fee, and if goals aren’t met, clients pay less – guaranteed.
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