HHS study brews controversy on the Hill

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Sep 25, 2024 View in browser
 
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By Ben Leonard and Chelsea Cirruzzo

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Driving The Day

Rep. Jim Costa (D-Calif.).

Rep. Jim Costa has expressed his concerns about an HHS study on alcohol's health impacts and its influence on an update to the Dietary Guidelines for Americans. | Andrew Harnik/AP

THE ALCOHOL EFFECT — Some members of Congress and the beverage industry are side-eyeing an HHS study on the relationship between alcohol and health. They fear the study will influence new dietary guidance and take a firmer stance against alcohol consumption, Chelsea reports.

How we got here: HHS and the Department of Agriculture’s joint Dietary Guidelines for Americans is updated every five years and advises consumers on what to eat and drink to promote health and reduce the risk of chronic diseases.

Current guidance calls for limiting men to two daily alcoholic drinks or fewer and for women, one daily or fewer.

But, next year’s update comes as a growing body of scientific evidence suggests that even moderate drinking is linked to health problems, including cancer and high blood pressure.

Last year, Congress commissioned the National Academies of Sciences, Engineering and Medicine to study alcohol’s effect on health to inform the new guidance.

Earlier this year, HHS said it had convened a panel of its own to study the impact of alcohol on health.

HHS’ study alarmed some members of Congress, who said the agency wasn’t transparent when it explained why it commissioned a second study that lawmakers believe is duplicative.

In letters to HHS Secretary Xavier Becerra, a bipartisan group of lawmakers — led by Reps. Brad Finstad (R-Minn.) and Jim Costa (D-Calif.) — argued that the HHS study “appears to be attempting to remove alcohol review from the Dietary Guidelines Advisory Committee process” and delegate it to the HHS panel despite the congressional mandate for NASEM to study the relationship between alcohol and health.

HHS has defended its study, calling it “complimentary (sic), not duplicative” of the NASEM study and not intended to make direct recommendations but merely be used to inform the 2025 dietary guidance.

In a letter to HHS, more than a dozen groups representing the alcohol industry, including the Wine Institute, the Distilled Spirits Council and the Beer Institute, argued that the HHS-led study is biased.

The study’s scientific review panel, they wrote, has several Canadian-based researchers, including two “who were part of the research team that proposed changing Canada’s Low-Risk Drinking Guidelines,” which received pushback, the groups noted.

What’s next? The 2025 guidance will be out by the end of next year — helmed by a new administration. The comment period closes Oct. 7.

“The committee can say whatever it likes; it is only advisory. The agencies write the guidelines, which is why the election matters,” Marion Nestle, a nutritionist and former HHS nutrition policy adviser, told POLITICO.

WELCOME TO WEDNESDAY PULSE. Is there anything you’re looking to add to an end-of-year package that hasn’t been reported yet, or is not discussed enough? We want to hear from you. Send your tips, scoops and feedback to bleonard@politico.com and ccirruzzo@politico.com and follow along @_BenLeonard_ and @ChelseaCirruzzo.

 

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Hospital consolidation is driving up health care costs and threatening the autonomy of American physicians. Small, independent practices are disappearing, health care workers’ wages are shrinking, and patients are facing higher bills for the same care. Congress: physicians are counting on you to address unchecked hospital consolidation and rein in hospital monopolies’ abusive billing practices. Now is the time to protect the physicians who take care of us. Read our joint letter.

 
In Congress

GOVT FUNDING LATEST — The House is set to vote today on a stopgap spending measure to fund the government through Dec. 20.

The patch is expected to pass despite some GOP skepticism with widespread Democratic support. A shutdown is unlikely, with lawmakers soon leaving town until after November’s elections.

Sen. Roger Wicker

Sen. Roger Wicker and some fellow senators wrote to Senate leadership requesting that Medicare telehealth rules be permanently expanded without delay. | Anna Moneymaker/Getty Images

FIRST IN PULSE I: TELEHEALTH PRESSURE RAMPS UP — With the end of the year and expanded telehealth access approaching, top lawmakers are pressing Senate leadership to move swiftly to make eased Medicare telehealth rules permanent.

“If budget constraints make permanent policy out of reach, given the significant costs required to ramp up and provide high quality telehealth programs, Congress must provide the maximum extension possible at an adequate length for providers to make necessary investments,” Sens. Brian Schatz (D-Hawaii), Roger Wicker (R-Miss.) and other senators wrote to Majority Leader Chuck Schumer and Minority Leader Mitch McConnell.

Lawmakers are deciding how to handle the future of telehealth after lawmakers expanded access to avoid the spread of Covid-19.

Two House committees have advanced their own two-year telehealth extensions with some key differences, including whether to pay federally qualified health centers and rural health clinics at parity between in-person and virtual care. The Senate group endorsed parity.

“[FQHCs and RHCs] should be able to provide telehealth services, free from unnecessary barriers and disincentives,” the senators wrote.

Senate Finance Committee Chair Ron Wyden (D-Ore.) told Pulse this week that he’s looking for as long of an extension as possible but didn’t say whether he would mark up telehealth legislation, saying he was still discussing it with colleagues.

Also in telehealth: With just over three months left until DEA rules allowing prescribing of many controlled substances via telemedicine without an in-person visit take effect, lawmakers are working on an extension of the rules, with the DEA and HHS at an impasse.

Sens. Mark Warner (D-Va.) and Doris Matsui (D-Calif.) are working on extending the rules if needed, their offices confirmed to Pulse.

“I stand ready to introduce legislation that would extend these flexibilities once again while we work on a permanent solution,” Matsui said in a statement.

 

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DIGITAL HEALTH

WATCHDOG: MORE SCRUTINY NEEDED — More oversight of remote patient monitoring — which took off since the pandemic — is needed, a government watchdog said.

Remote monitoring often leans on connected devices like blood pressure cuffs and glucose monitors that can track a patient’s vital signs and other data.

The details: In a new report Tuesday, HHS’ Office of Inspector General found that Medicare payment for RPM grew 20 times between 2019 and 2022 — rising from $15 million to $311 million. The overwhelming majority of patients — 94 percent — used RPM for chronic conditions, according to HHS’ OIG.

Amid the growth in use, close to half of enrollees didn’t get all three steps that the watchdog says make up RPM: education and setup, at least 16 readings a month and provider review of the data.

“Although CMS does not require that providers bill for all three components, the high percentage of enrollees who did not receive all components raises questions about whether these services are being used as intended,” the watchdog wrote.

Recommendations: HHS’ OIG called on CMS to add more safeguards to ensure RPM is being used appropriately and require that information about the ordering provider be added to claims data to prevent waste, fraud and abuse. CMS said it agreed with or would consider all the recommendations.

The bigger picture: The findings come as lawmakers look to avoid fraud while they promote expanded access to digital health technologies like RPM and telemedicine. The OIG has previously reported that telehealth fraud was rare during the pandemic. Its Tuesday report said that a lack of transparency makes it more difficult for CMS to detect fraud and abuse in RPM.

The reaction: Lobbying group the Alliance for Connected Care is calling on OIG to consider retracting the report, saying the watchdog shows bias in its report and doesn’t accurately reflect how RPM services must be delivered in Medicare.

“We would be happy to work with you on designing and recommending tools to address the real fraud that is happening in the Medicare program,” the group’s founder, Krista Drobac, wrote in a letter Tuesday. “Better control of inappropriate Medicare enrollment, solicitation, and prescribing while instituting stronger monitoring and audits to ensure fraudulent providers are caught sooner and weeded out of the system.”

FIRST IN PULSE II: HHS COMPETITION OFFICER MOVES TO SENATE FINANCE — HHS’ first chief competition officer is headed to Capitol Hill to serve as chief health adviser on the Senate Finance Committee majority staff next month, Chelsea reports.

Stacy Sanders will join the committee in mid-October, according to Senate Finance Chair Ron Wyden’s (D-Ore.) office.

Sanders is leaving HHS 10 months after she was named the department’s chief competition officer, tasked with overseeing HHS’ implementation of the Inflation Reduction Act and policies to promote health care competition. Both President Joe Biden and Vice President Kamala Harris, in their respective presidential campaigns, have touted the Medicare price negotiations as a cornerstone of their health care policies. Harris, since becoming the Democratic presidential nominee, has said she would push for negotiations to cover more drugs.

Before becoming chief competition officer, Sanders was a counselor to HHS Secretary Xavier Becerra and, before that, a staff director on the Senate Special Committee on Aging.

“I look forward to ensuring every American family can afford the health care they need, shedding light on the actions of concentrated middlemen, promoting Americans’ access to behavioral health and long-term care, and more,” Sanders said in a statement.

Names in the News

Adejare (Jay) Atanda is joining the Meselson Center at RAND U.S. as biosecurity senior policy researcher. He previously worked at DHS.

WHAT WE'RE READING

Healthcare Dive reports on Senate Finance Chair Ron Wyden (D-Ore.) scrutinizing hospital compliance with the Emergency Medical Treatment and Active Labor Act, or EMTALA.

POLITICO’s Lauren Gardner has what you need to know from Tuesday’s Senate HELP Committee’s hearing with Novo Nordisk’s CEO.

POLITICO’s Carmen Paun reports on President Joe Biden claiming credit for declining fatal overdoses.

 

A message from the Alliance for Fair Health Pricing:

Unchecked hospital consolidation is not only driving up the price of health care for patients - it's taking a toll on physicians by limiting their autonomy, their choices, and their ability to provide affordable care to patients.

That’s why physicians, patients and employers are standing together to urge Congress to take immediate steps to protect doctors and ensure patients receive high-quality, affordable care.

These actions include codifying hospital and insurer price transparency to promote competition, establishing site-of-service billing transparency to prevent hospitals from overcharging, and implementing site-neutral payment reform to eliminate price disparities for routine services. These policies are crucial to promote competition and sustain independent physician practices. By prioritizing these policies, Congress can help create a more competitive health care market that protects physicians’ autonomy and lowers health care prices for patients. Here’s our joint statement.

 
 

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