Thursday Miscellany

David Ermer–Congress, Federal employment benefits, Medicare, Rx coverage, U.S. Healthcare–
Photo by Josh Mills on Unsplash

From Washington, DC —

  • The Senate Finance Committee informs us
    • “U.S. Senate Finance Committee Ranking Member Mike Crapo (R-Idaho) and Finance Committee member Michael Bennet (D-Colorado), along with Finance Committee members Tim Scott (R-South Carolina) and Ben Cardin (D-Maryland), are reintroducing legislation that would provide Medicare coverage for screening tests to save lives and costs to the health care system. 
    • “The Medicare Multi-Cancer Early Detection (MCED) Screening Coverage Act would ensure Medicare patients have coverage for innovative tests that can detect multiple types of cancer before symptoms develop.  Bipartisan companion legislation (H.R. 2407) was also introduced in the U.S. House of Representatives.”  
  • Here’s a link to the National Cancer Institute’s FAQs on multi-cancer detection tests.
  • The American Hospital Association reports
    • “A bipartisan group of 233 representatives and 61 senators yesterday called on the Centers for Medicare & Medicaid Service to enhance its proposal to streamline prior authorization processes in Medicare Advantage, Medicaid and the federally-facilitated Marketplace to require real-time electronic decision-making for routinely approved services, responses for emergency procedures within 24 hours and additional transparency. They said adding these provisions would better align the rule with the Improving Seniors’ Timely Access to Care Act, House-passed legislation supported by the AHA to streamline prior authorization in the MA program, and urged CMS to quickly finalize the rule with these updates.
    • “AHA also has urged CMS to quickly finalize the proposed rule, adequately enforce and monitor the requirements and test and vet any electronic standards before mandating their adoption.”
  • Govexec.com tells us
    • “President Biden’s plan to provide civilian federal employees with an average 5.2% pay raise in 2024 appears safe for now, as a key House panel advanced spending legislation that does not address federal employee compensation.
    • “But Democrats and federal employee groups blasted the GOP-led appropriations package, which cuts spending on financial agencies and government administration by 58% compared with fiscal 2023 levels and includes policy riders restricting telework at federal agencies and targeting transgender federal workers and their family members.
    • “The House Appropriations Committee’s Financial Services and General Government Subcommittee on Thursday advanced its annual appropriations bill—one of 12 such pieces of legislation covering different areas of government—to the full committee.”
  • The EEOC reminds us
    • “The Pregnant Workers Fairness Act (PWFA) is a new law that requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.”
    • “The PWFA applies only to accommodations. Existing laws that the EEOC enforces make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions.
    • “The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. More than 30 states and cities have laws that provide accommodations for pregnant workers.”
  • The new law takes effect on Tuesday, June 27, 2023.
  • STAT News explains why five cases have been filed in federal district courts challenging the constitutionality of the Inflation Reduction Act’s authorization for CMS to negotiate Medicare drug prices.
    • “The pharmaceutical industry has been filing a lawsuit here, there, and pretty much everywhere.
    • “Drugmakers lost a two-decade long lobbying fight in Congress last summer when Democrats gave Medicare more power to choose what it pays for prescription drugs. Now, they’re taking their battle to the courts.
    • “Merck filed suit in the District of Columbia. Bristol Myers Squibb filed in New Jersey. The Chamber of Commerce filed in Ohio. PhRMA filed in Texas. And there’s no reason to believe the barrage of lawsuits will stop anytime soon.
    • “They’re dividing and conquering to advance different legal arguments. The Merck and Bristol Myers Squibb lawsuits were strikingly similar. They relied on the same legal reasoning, and were filed by the same firm and a few of the same attorneys, even. The PhRMA and Chamber of Commerce suits advanced different arguments that were also similar to each other.
    • “The scattershot approach, according to legal experts, increases the industry’s chance of producing conflicting decisions that the Supreme Court would have to resolve.”

From the public health front —

  • Healthcare Dive points out
    • “From 2019 to 2021, preventable deaths in Louisiana, Mississippi, Texas and New Mexico climbed by more than 35%, and the rates in Arizona increased by 45%, according to nonprofit Commonwealth Fund’s 2023 Scorecard on State Health System Performance released Thursday. The report attributes the increase in deaths mostly to the COVID-19 pandemic.
    • “The mortality rate for women in their reproductive years (age 15 to 44) rose nearly 40% due to maternal deaths, COVID-19, and substance misuse.
    • “Massachusetts, Hawaii, New Hampshire, Rhode Island and Vermont had the best overall health system performances while states in the Southeast and South Central regions ranked the lowest. Those included Arkansas, Texas, Oklahoma, West Virginia and Mississippi.”
  • Here’s a link to the scorecard.
  • The Department of Health and Human Services announced
    • “A large nationally representative study shows in-hospital delivery-related maternal mortality rates improved 57% between 2008 and 2021, despite identified increases in severe maternal morbidity (SMM). This observational study of over 11 million hospital discharges, conducted by the HHS Office on Women’s Health (OWH) and published in JAMA Open Network, intends to more clearly define trends and risk factors leading to maternal mortality and morbidity in the United States and to improve overall national prevention and treatment efforts.
    • “This decline in deaths during delivery hospitalization likely demonstrates the impact of national and local strategies to improve the quality of care by hospitals during delivery-related hospitalizations. This includes HHS quality improvement activities such as state Perinatal Quality Collaboratives and the Alliance for Innovation on Maternal Health, and ties into the Administration’s commitment to addressing the maternal health crisis, with the United States facing some of the highest maternal death rates among developed nations.”
  • The Wall Street Journal reports
    • “Severe fungal disease used to be a freak occurrence. Now it is a threat to millions of vulnerable Americans, and treatments have been losing efficacy as fungal pathogens develop resistance to standard drugs. 
    • “Medical experts say one reason for the surge is that more people have compromised immune systems, including cancer patients and those taking medicines after organ transplants. Compounding the problem, research shows, is that rising temperatures appear to have expanded the geographical range of some deadly fungal pathogens and possibly made them better adapted to human hosts.
    • “It’s going to get worse,” said Dr. Tom Chiller, head of the fungal-disease branch of the Centers for Disease Control and Prevention.
    • “The failure of some doctors to recognize quickly enough what is happening to stricken patients is causing deaths and complications they could have prevented.
    • “Fungi aren’t being given enough thought,” said Dr. Peter Pappas, an infectious-disease specialist at the University of Alabama at Birmingham. “When symptoms can’t be explained, fungi should be one of the first things you think about.”

From the Rx coverage front —

  • STAT News reports
    • The Food and Drug Administration granted conditional approval Thursday to the first gene therapy for Duchenne muscular dystrophy. Regulators restricted the treatment to younger patients, with additional data required to broaden its use.
    • The gene therapy, called Elevydis, is made by Sarepta Therapeutics. The company will charge $3.2 million for the treatment, making it the U.S.’s second most expensive drug, behind a recently approved gene therapy for hemophilia. CEO Doug Ingram said on a conference call the price was below what a recently published company-funded analysis found would be cost-effective.
  • Here’s a link to the FDA announcement, which includes more details.