Senate set for IVF ‘show vote’ rematch

Presented by The American Hospital Association: Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
Sep 17, 2024 View in browser
 
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By Ben Leonard and Chelsea Cirruzzo

Presented by The American Hospital Association

Driving The Day

Sen. Chuck Schumer speaks on a phone as he walks in a U.S. Capitol hallway.

Sen. Chuck Schumer intends to bring a bill protecting IVF access to the floor for a vote again after it failed to pass on the first try. | Francis Chung/POLITICO

IVF VOTE LIKELY DOOMED — Days after former President Donald Trump called himself a “leader” on in vitro fertilization in the presidential debate, Republicans will likely block a bill to protect access to IVF today.

Senate Majority Leader Chuck Schumer is teeing up a vote on the measure, which is expected to fail for the second time in four months. Several Senate Republicans speaking with Pulse described the measure as a show vote, a claim that Democrats have pushed back on.

“Same song, second verse,” Sen. James Lankford (R-Okla.) told Pulse. “Democrats pretending they’re doing something on this.”

Outside of spending bills, significant health care legislation isn’t expected to pass before the election, and Democrats are using their limited time in Washington before they return to the campaign trail to hammer Republicans on reproductive rights.

GOP at odds: The GOP has struggled with the issue since the Alabama Supreme Court earlier this year ruled that frozen embryos should be considered people, which set off a national debate among Republicans and prompted the state’s legislature to stop IVF disruptions. In a bid to cut into Democrats’ lead on the issue and win over moderate women that Trump has struggled with, he has pledged to make IVF treatments free for all Americans, paid for by insurance companies or the federal government.

That move has drawn ire from two parts of the GOP: small-government conservatives who oppose what they see as a sweeping new federal mandate and religious Republicans who oppose IVF as commonly practiced in the U.S.

In the presidential debate last week, Vice President Kamala Harris went after Trump on the issue.

“Understand what has been happening under Donald Trump’s abortion bans. Couples who pray and dream of having a family are being denied IVF treatments,” Harris said.

The details: The legislation from Sen. Tammy Duckworth (D-Ill.) would federally protect access to in vitro fertilization and require public and private insurance coverage of fertility treatments. Duckworth had two children through IVF.

Senate Republicans blocked the same bill in June, with only Sens. Lisa Murkowski (R-Alaska) and Susan Collins (R-Maine) voting with Democrats. That left Schumer well short of the needed 60 votes to advance the bill.

In June, Republicans said they opposed the legislation because it imperiled religious liberty and state rights or they saw it as unneeded. Some offered a different bill that Democrats blocked, saying it offered mostly symbolic protections.

WELCOME TO TUESDAY PULSE. The Congressional Basketball Game is tonight, with Doctors Caucus co-chairs Reps. Brad Wenstrup (R-Ohio) and Greg Murphy (R-N.C.) playing. Send your tips, scoops and feedback to bleonard@politico.com and ccirruzzo@politico.com and follow along @_BenLeonard_ and @ChelseaCirruzzo.

 

A message from The American Hospital Association:

Hospitals care for patients and keep communities healthy. But access to care is at risk. Tell Congress to protect patient access to care and services. Learn more: https://www.aha.org/advocacy/action-center

 
In Congress

The U.S. Capitol is seen in Washington, D.C., Aug. 7, 2023.

Congress has only two weeks before elections to address a slew of health care legislation. | Francis Chung/POLITICO

THE VOTES WE’RE WATCHING — Congress has just two more weeks scheduled in Washington before November’s elections, with several health care-related votes on its agenda this week.

Here’s what we’re watching on the House floor:

Chronic care: A vote is set for today on legislation from Reps. Brad Wenstrup (R-Ohio) and Earl Blumenauer (D-Ore.) that would allow health savings accounts tied to high-deductible health plans to cover chronic care services before patients hit their deductibles. As POLITICO has reported, the push has divided Democrats, so we’re interested to see how many support the legislation.

VA spending: The chamber plans to vote today on several veterans-related bills, including a $3 billion supplemental spending package for the VA amid a shortfall. Democrats and the White House have hit the GOP for not including more funding to fill the shortfall as the Biden administration seeks $12 billion more. We’re interested in seeing how many vote against the bill.

E&C bills: A vote is expected on a slew of bipartisan Energy and Commerce Committee-passed bills that could get across the finish line this year, including legislation aimed at curbing Medicaid fraud that advanced unanimously out of E&C in June.

Medicaid: Also scheduled is a vote on E&C-passed legislation to streamline Medicaid access for children across state lines. The bill would ban so-called “spread pricing” in the federal health program. It’s similar to a provision in the House-passed Lower Costs, More Transparency Act preventing pharmacy benefit managers from charging insurers more for drugs than what they’re reimbursed by pharmacies.

Mental health: A vote is scheduled today on legislation that would create a code for virtual mental health services billed “incident to” a doctor’s services, or services performed by other providers working with them. Supporters say it would ensure virtual care is used efficiently and with integrity.

HEARING WATCH — Additionally, we’re keeping our eyes on some health care-related hearings on the Hill:

Social media: The House Energy and Commerce Committee is scheduled to mark up legislation Wednesday that would, for the first time, directly target social media firms with regulations to protect kids who use their platforms.

Telehealth: The House E&C Committee is set to mark up legislation Wednesday that would extend eased Medicare telehealth rules for two years. The legislation is similar to a House Ways and Means Committee-passed bill. Though unlike the Ways and Means bill, it offers payment parity between virtual and in-person care for federally qualified health centers and rural health clinics. Though the bill is expected to advance overwhelmingly, we’re watching for any developments on how much the bill might cost.

Health care costs: The Senate Finance Committee holds a hearing today on health care costs, with an eye on the Inflation Reduction Act, which allowed Medicare to negotiate drug prices and capped out-of-pocket prescription drug costs for Medicare patients. We’re interested in further details about how Democrats might look to expand the legislation as Harris has pledged to do.

Chronic disease: The House Ways and Means Committee is set to hold a hearing Wednesday on chronic disease and “the value of investing in prevention and innovative treatment options.” Although no specific legislation is on the agenda, we’re watching for any legislative proposals that could gain steam.

Cybersecurity: The Senate Homeland Security and Governmental Affairs Committee will mark up legislation that would require HHS and CISA to collaborate on cybersecurity in the health care sector — a relatively modest proposal. We’re interested in seeing whether there’s interest in going further, particularly in the wake of the massive attack on Change Healthcare this year.

LIVE EVENT ON WEDNESDAY:

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PHARMA WATCH

FIRST IN PULSE: CHINA CONCERNS BREW — Lawmakers’ scrutiny of U.S. reliance on foreign countries, including China, in pharmaceutical development is growing.

After the House passed legislation last week that would effectively bar Chinese biotechs from doing business in the U.S., an ideologically diverse group of senators is pressing the Defense Department on its reliance on foreign pharmaceuticals. Many on both sides of the aisle in Congress hope to limit links to China.

The group, led by Sen. Elizabeth Warren (D-Mass.), wrote to Defense Secretary Lloyd Austin, expressing concerns that a 2020 court decision loosening “Buy American” requirements could increase the military’s reliance on foreign products. The lawmakers pointed to a DOD report showing that most of the agency’s supply chain is deemed “high” or “very high” risk, including sourcing from China.

“This decision poses significant risks to the military’s drug supply chain, which is already over-reliant on foreign sourced pharmaceuticals,” wrote Warren and Sens. Rick Scott (R-Fla.), Marco Rubio (R-Fla.), Joni Ernst (R-Iowa), Chris Murphy (D-Conn.) and Mike Rounds (R-S.D.).

A spokesperson for the Defense Department said the agency would respond directly to the lawmakers.

 

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Names in the News

Trisha Crissman has been named president and CEO of CommonSpirit Health at Home. She was previously interim president.

Reservoir Communications Group has five additions: Lauren Cohen, previously of Mission North, as senior vice president; Allison DeBattista, previously of the Moore Agency, as vice president; Marlowe Galbraith, previously of Applied Policy, as senior associate; Olivia Anderson, previously of SIECUS, as an associate; and Sofia Kohl, previously of Petkanas Strategies, as an associate.

Winston Health Policy fellows Samuel Avila and Jack Pitsor have begun placements on Capitol Hill, with Avila on the House Energy and Commerce Committee’s Health Subcommittee and Pitsor on the Senate Finance Committee.

Stand With IVF, an organization trying to safeguard in vitro fertilization, soft-launched this week. Michaela Sims and Ted Prettyman of Sims Strategies are building out the group, and Nidhi Desai of Desai & Miller and David Di Martino of Seven Letter are serving on its board.

WHAT WE'RE READING

The Baltimore Banner reports on Baltimore settling with opioid manufacturer Johnson & Johnson.

The Wall Street Journal reports that hundreds of thousands of Americans were unwittingly signed up for government-subsidized health insurance.

 

A message from The American Hospital Association:

Hospitals care for patients and keep communities healthy. But access to care is at risk. Tell Congress to protect patient access to care and services.

Learn more: https://www.aha.org/advocacy/action-center

 
 

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