Congress Update: Thanksgiving Recess and Key Legislative Priorities

Congress will be in recess this week for Thanksgiving and will reconvene the week of December 2 to address a packed agenda for the final three weeks of the 118th Congress. Key priorities include funding the government by the December 20 deadline, passing the National Defense Authorization Act (NDAA), and addressing emergency supplemental disaster relief funding. Speaker Mike Johnson (R-LA) has suggested that a short-term continuing resolution may be used to defer the FY2025 funding debates until early next year when Republicans will have full control of Congress and the presidency.

Key Health Nominees

Over the weekend, President Trump announced health leadership nominations for the next administration:

• Dave Weldon, M.D. for CDC Director: For the first time in its 78-year history, the nominee for CDC director will require Senate confirmation. Weldon, a Republican who represented a Florida district in the House for 14 years until 2009, is a medical doctor (internal medicine) and Army veteran known for his concerns about vaccine risks. During his congressional tenure, he served on several key committees, including Appropriations, Health and Human Services, Education and Labor, and Science.

• Marty Makary, M.D. for FDA Commissioner: Dr. Makary is the chief of Islet Transplant Surgery at Johns Hopkins. He has received the Nobility in Science Award from the National Pancreas Foundation and has been a visiting professor at over 25 medical schools. With over 250 peer-reviewed publications, he has advocated for prioritizing high-risk populations in the rollout of COVID-19 boosters and is recognized for his focus on hospital safety, quality, and healthcare costs.

• Janette Nesheiwat, M.D. for Surgeon General: Dr. Nesheiwat is a Fox News medical contributor and serves as the medical director at CityMD, a network of urgent care centers in New York and New Jersey.

Senators Push for Medicare Payment Reform

A bipartisan group of 41 senators, led by Sens. John Boozman (R-AR) and Peter Welch (D-VT), has sent a letter to Senate leadership urging action against the 2.8% Medicare payment cut scheduled for January 1. The senators emphasized that ongoing instability in physician payments undermines access to care, particularly in rural and underserved areas. They have called for long-term reforms to the Medicare Access and CHIP Reauthorization Act (MACRA), including updates linked to inflation and changes to statutory budget neutrality requirements.

Senate Judiciary Committee Advances PREVAIL Act Amid Bipartisan Divides

The Senate Judiciary Committee has advanced the PREVAIL Act (S. 2220), aimed at reforming the patent review process. The legislation, which passed narrowly by a vote of 11–10, seeks to:

• Limit the ability of individuals and groups to request patent reviews.
• Raise the evidentiary standard needed to overturn patents.
• Confine patent challenges to either the Patent Trial and Appeal Board (PTAB) or the courts, prohibiting simultaneous use of both pathways.

The vote showcased bipartisan divisions, with Senators Whitehouse (D-RI), Padilla (D-CA), and Ossoff (D-GA) opposing the bill, while Senators Graham (R-SC), Tillis (R-NC), and Blackburn (R-TN) supported it. This markup followed months of delays amid discussions on the policy's implications. Notably, the earlier version included the PERA Act (S. 2140), which is not being considered this session but proposes changes to patent eligibility laws.

Bipartisan Health Care Cybersecurity Legislation Introduced

The Senate Bipartisan Cybersecurity Working Group has introduced the Health Care Cybersecurity and Resiliency Act of 2024 (S.5390) to address vulnerabilities in the healthcare sector. The bill proposes:

• Grants to enhance prevention and response to cyberattacks.
• Training and best practices for health providers, particularly in rural areas.
• Improved coordination between HHS and the Cybersecurity and Infrastructure Security Agency (CISA).
• A cybersecurity incident response plan led by the HHS Secretary.

IRS Oversight of Tax-Exempt Hospitals

Senators Elizabeth Warren (D-MA) and Chuck Grassley (R-IA) have called on the IRS to increase oversight of tax-exempt hospitals. In a letter, they expressed concerns that some hospitals may not adequately benefit their communities and requested a briefing on patient financial assistance program requirements by December 10.

CMS Issues Guidance on Medicaid Substance Use Disorder Coverage and MLR Policies

The guidance addresses policies enacted in the Consolidated Appropriations Act, 2024, including permanent coverage requirements for medications for opioid use disorder and a state plan option to cover individuals with a substance use disorder

Wishing you a Happy Thanksgiving!

Mary

Advocate of Nurses Across Healthcare