Legislative Activity

Senate to Vote on the Comprehensive Addiction and Recovery Act (CARA) Conference Report

Senate Majority Leader Mitch McConnell (R-KY) announced the Senate is expected to vote on the Comprehensive Addiction and Recovery Act (S. 524) conference report this week. The bipartisan legislation authorizes grant programs, creates a task force on pain management, expands prescription drug take-back programs, and increases access to medication-assisted treatments. Although there was disagreement over funding levels, the House and Senate opioid conferees were able to finalize the legislative text and filed the conference report last week. Addressing the opioid epidemic is a priority for legislators and constituents alike.  The House of Representatives ended the week by passing the conference report by a 407- 5 vote and the conference report is supported by over 200 leading advocacy groups.  The Senate is the final stop for the CARA conference report before heading to the president’s desk.

This Week’s Hearings:

• Tuesday, July 12: The House Committee on Ways and Means will hold a hearing titled “Rising Health Insurance Premiums Under the Affordable Care Act.”

• Tuesday, July 12: The House Committee on Energy and Commerce Subcommittee on Health will hold a hearing titled “Strengthening our National Trauma System.”

• Tuesday, July 12: The Senate Committee on Finance will hold a hearing titled “Examining the Stark Law: Current Issues and Opportunities.”

• Tuesday, July 12: The House Committee on Natural Resources Subcommittee on Indian, Insular, and Alaska Native Affairs will hold a hearing titled “H.R. 5406, the Helping Ensure Accountability, Leadership, and Trust in Tribal Healthcare Act.”

• Tuesday, July 12 and Wednesday, July 13: The House Committee on Energy and Commerce will hold a markup to consider a number of bills including H.R. 921, the Sports Medicine Licensure Clarity Act of 2015.

• Wednesday, July 13: The House Committee on Appropriations will hold a markup to consider the FY 2017 Labor, Health and Human Services, and Education Bill.

• Wednesday, July 13: The House Committee on Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs will hold a hearing titled “TBI Claims: VA’s Failure to Provide Adequate Examinations.”

• Wednesday, July 13: The Senate Committee on Finance will hold a hearing titled “Medicare Access and CHIP Reauthorization Act of 2015: Ensuring Successful Implementation of Physician Payment Reforms.”

• Wednesday, July 13: The House Committee on Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled “Disrupter Series: Health Care Apps.”

• Wednesday, July 13: The Senate Committee on Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies will hold a hearing titled “Hearing to Review the VA Electronic Health Record Network (VistA).”

• Wednesday, July 13: The House Committee on Oversight and Government Reform Subcommittee on Health Care, Benefits, and Administrative Rules will hold a hearing titled “From Premium Increases to Failing Co-ops: An Obamacare Checkup.”

• Wednesday, July 13: The Senate Committee on Finance Subcommittee on Health Care will hold a hearing titled “Alzheimer’s Disease: The Struggle for Families, a Looming Crisis for Medicare.”

• Wednesday, July 13: The Senate Committee on the Judiciary Subcommittee on Crime and Terrorism will hold a hearing titled “Researching the Potential Medical Benefits and Risks of Marijuana.”

• Wednesday, July 13: The Senate Committee on Foreign Relations Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women’s Issues will hold a hearing titled “Zika in the Western Hemisphere: Risks and Response.”

• Thursday, July 14: The House Committee on Ways and Means Subcommittee on Social Security will hold a hearing titled “Modernizing Social Security’s Information Technology Infrastructure.”

Regulatory Activity

CMS Issues Proposed Rule to Medicare Physician Fee Schedule

On Thursday, July 7, 2016, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule that changes payment policies, payment rates, and quality provisions for services under the Medicare Physician Fee Schedule (PFS). CMS officials estimate the proposed changes would increase funding to primary care providers by $900 million in 2017. In addition, the CMS proposed rule includes updates to the Medicare Shared Saving Program; the release of pricing data from Medicare Advantage bids and medical loss ratio (MLR) reports from Medicare health and drug plans; the addition of several billing codes for telehealth services; and the expansion of the Medicare Diabetes Prevention Program model. Expansion of the Medicare Diabetes Prevention Program model is the second CMS Innovation Center model and the first preventive services model to be certified for expansion. The proposed rule will be published in the Federal Register on Friday, July 15, 2016, and comments must be submitted no later than 5 p.m. on Tuesday, September 6, 2016.

CMS Proposes OPPS and ASC System Changes

On Wednesday, July 6, 2016, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule to update the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare ambulatory surgical center (ASC) payment system for calendar year 2017. CMS is also proposing a number of outpatient prospective payment policies to improve the quality of care Medicare patients receive. One of the key proposals is the implementation of Section 603, the Site Neutral Payments Provision. This proposal will lower doctor office pay rates to physician practices purchased by hospitals and turned into outpatient departments. In addition, the removal of the Pain Management dimension of the Hospital Consumer Assessment of Healthcare Providers and System (HCAHPS) has received praise from republican lawmakers on Capitol Hill. The proposed rule also includes policies to update and refine requirements for Hospital Outpatient Quality Reporting (OQR) Program and the ASC Quality Reporting (ASCQR) Program; updates tolerance thresholds for clinical outcomes for solid organ transplant programs; and changes the objectives and measures of the Medicare Electronic Health Record (EHR) Incentive Program. The proposed rule will be published in the Federal Register on Thursday, July 14, 2016, and comments must be submitted no later than 5 p.m. on Tuesday, September 6, 2016.