Weekend update

David Ermer

I am an attorney who practices law in Washington DC. My practice has involved the Federal Employees Health Benefits Program since 1983.

Weekend update

David Ermer–CDC, Congress, COVID-19, COVID-19 vaccine, FDA, Medical / Rx research, Rx coverage, U.S. Healthcare–
Thanks to Alexandr Hovhannisyan for sharing their work on Unsplash.

The FEHBlog is back in DC this week.

And speaking of Washington, DC —

  • The U.S. Supreme Court has ten decisions to issue from its October 2022 term. Last week, the Supreme Court issued seven decisions. Its next decision day is Tuesday, June 27.
  • Last Friday, the President issued an Executive Order on Strengthening Access to Affordable, High Quality Contraception and Family Planning Services.
    • “Sec. 2.  Improving Access and Affordability Under the Affordable Care Act.  (a)  The Secretaries of the Treasury, Labor, and Health and Human Services (Secretaries) shall consider issuing guidance, consistent with applicable law, to further improve Americans’ ability to access contraception, without out-of-pocket expenses, under the Affordable Care Act.  In doing so, the Secretaries shall consider actions that would, to the greatest extent permitted by law:
    •           “(i)   ensure coverage of comprehensive contraceptive care, including all contraceptives approved, granted, or cleared by the Food and Drug Administration, without cost sharing for enrollees, participants, and beneficiaries; and
    •           “(ii)  streamline the process for patients and healthcare providers to request coverage, without cost sharing, of medically necessary contraception.
    •      “(b)  The Secretaries shall consider additional actions, as appropriate and consistent with applicable law, to promote increased access to affordable over-the-counter contraception, including emergency contraception.”
  • From the public health / medical research front –
  • Bloomberg Prognosis offers guidance on Covid boosters.
    • In April, a CDC advisory committee on immunization practices showed just how rapidly we can lose the protections vaccines offer, Wallace points out. A review of data from 20 states revealed the bivalent booster’s effectiveness in those 65 and older fell to 65% in the first two months. That dropped to 45% in four months and plummeted to 22% in six months.
    • Those numbers are part of the reason higher-risk people are offered second doses of the bivalent shot.
    • “If people are in these groups, I would not hesitate to take advantage of this additional protection, as well as considering taking other prevention strategies, like masking in indoor public spaces,” says Wallace.
    • If you’re unsure, a healthcare provider can explain which dosing strategy is right for you. 
  • Medscape informs us
    • Can common anti-depressants prevent COVID-19 infection? That’s the suggestion of research in BMC Medicine, based on infection trends among more than 5,600 mental health care patients in the United Kingdom from April to December 2020.
    • The report says that selective serotonin reuptake inhibitors (SSRIs) were particularly effective in blocking COVID-19 transmission.
    • “Mental health patients with a recent (previous 90 days) prescription for an SSRI had an almost 40% reduction in the likelihood of a positive COVID-19 test,” wrote the Center for Infectious Disease Research & Policy (CIDRAP) at the University of Minnesota.
    • Research showed that 27.7% of COVID-19-negative patients had taken at least one antidepressant medication within the last 90 days before they were admitted to a mental health care facility, compared to just over 16% of COVID-19 positive patients.  * * *
    • “The results of this study hint at the potential clinical benefit” of SSRIs on COVID-19 infection, said the lead author, Oleg Glebov of King’s College London, in a press release.
  • The Raleigh News Observer reports
    • “Until recently, if a heart stopped beating, it couldn’t be donated. Donor hearts typically come from patients determined to be brain dead, from which doctors can extract the beating organ and transplant it into its new owner. But a new study from Duke researchers found that using a heart that has been “reanimated” by a machine works just as well as traditional transplants. This method could expand the pool of heart donors by 30%, said Dr. Adam DeVore, a Duke researcher and author on the paper. DeVore said this method allows doctors to salvage hearts from a group of patients who previously had been unable to donate.
    • “Duke’s own heart transplant clinic has greatly benefited by drawing from this new pool of donors. DeVore said the program has doubled in size in the last year, which he credits in part to the new method.”
  • Emergency room physician Edwin Leap writes in his blog that heart attacks are on the rise in younger people.
    • “While I certainly try not to inflame anyone’s fears, I write this to say that people should be attentive to their symptoms. Even a person who is relatively young should be cautious if they have chest pain, difficulty breathing, profound weakness or dizziness/passing out. Of course, associated symptoms can include nausea, unexpected sweating (or diaphoresis), numbness or tingling in arms or face, or pain into jaw, neck or back. Of course, symptoms in women can be more subtle can can simply involve profound fatigue.
    • “What may be equally important is the idea that we should be take good care of ourselves. In the face of an increased level of risk for heart disease, it’s a good time to lose weight, exercise, stop smoking and eat a healthy diet. I would also suggest that everyone take their existing prescriptions, try hard to control their blood glucose in diabetes, manage their blood pressure and all the rest. We can’t control all of our health risks, but the ones which we can, we certainly should.
    • “Furthermore, even young people should find a primary care physician if possible, and establish a relationship with that physician. The screening exams that they perform, the regular exams, the attention to your health that they provide can truly be lifesaving.”
  • In the FEHBlog’s view, health plans should help all of their members connect with a primary care physician. Leverage that network.

From the Rx coverage front —

  • The Wall Street Journal confirms‘ that Novo Nordisk is preparing to request Food and Drug Administration approval for a Wegovy weight loss pill.
    • “Later this year, Novo Nordisk plans to ask U.S. and European drug regulators to approve the tablet.  Novo already sells a tablet form of semaglutide, Rybelsus, to treat Type 2 diabetes, though some people use it off-label for weight loss.
    • “Novo Nordisk’s Ozempic and Wegovy therapies and Lilly’s Mounjaro have emerged as viral sensations—touted by celebrities and discussed on Facebook and TikTok—because of their potential to help people lose significant weight.
    • “These types of drugs, first approved to treat diabetes, work by mimicking gut hormones that play a role in regulating blood sugar and, it has turned out, appetite. A key gut hormone is called glucagon-like peptide-1, or GLP-1. * * *
    • “BMO Capital Markets analyst Evan David Seigerman estimated that pill forms of weight-loss drugs could make up about 15% of the total market, which he predicts will reach $100 billion in annual sales worldwide in coming years.”

From the wellness front —

  • Fortune Well interviews longevity expert Dr. Peter Attia.
    • While Dr. Peter Attia, author of New York Times bestseller Outlive: The Science and Art of Longevity, said there’s no “silver bullet” to increase one’s health span and life span, there are still a variety of longevity-linked habits that may work for you to stave off age-related disease and early mortality. 
    • “People have so much more agency over this than they will ever believe if they don’t take the step to educate themselves on it,” Attia tells Oprah Winfrey this week for a series called The Life You Want on Oprah Daily. “A lot of people think, ‘Well, this is my lot in life’…It’s not the case at all.”
    • Exercise, nutrition, sleep, and managing emotional health by engaging with others and trying new hobbies are all associated with a longer, healthier life. 
    • For Attia, moving without distraction and staying outside is his secret sauce. 
  • and
    • offers guidance on the best timing for dinner from a health standpoint.
  • The Wall Street Journal discusses the health importance of controlling salt intake.

Cybersecurity Saturday

David Ermer–Cybersecurity, Generative AI–

From the cybersecurity policy front —

  • Nextgov reports,
    • “Cybersecurity experts are warning that a potential cyber leadership vacuum in the federal government may prevent agencies from recovering and responding to a sprawling ransomware attack that has already exposed millions of Americans’ personal data.
    • “A senior official with the Cybersecurity and Infrastructure Security Agency confirmed on a call with reporters last week that several federal civilian agencies were among the victims in a widespread cyberattack that exploited a vulnerability discovered in the popular MOVEit file-transfer product developed by Progress Software. The attack is believed to have been carried out by CL0p, a Russian-linked ransomware gang otherwise known as TA505. Since the news of the global attack was first reported, a variety of federal and state agencies, banks and private sector organizations also confirmed they were victims and that data may have been stolen from millions of customers.
    • “The Office of the National Cyber Director was established under the National Defense Authorization Act for fiscal year 2021 in large part to provide coordination and guidance across the federal government on cybersecurity matters, including incident response and crisis management. Chris Inglis, the first-ever Senate-confirmed national cyber director, stepped down in February after helping to develop the new national cyber strategy released earlier this year. President Joe Biden has not yet nominated a replacement to fill the post.” 
  • Cybersecurity Dive adds,
    • “The U.S. State Department is offering a $10 million bounty related to information on the Clop ransomware gang, which is attributed to broad exploits of the MOVEit transfer vulnerabilities with victims that include federal agencies.  
    • “The Department of Energy confirmed data was impacted by an attack, and reports from CNN indicate a possible attack is being investigated against the Office of Personnel Management. The U.S. Department of Agriculture is also dealing with a third-party vendor data breach.” 
  • Cyberscoop tells us,
    • “The Department of Justice established a cyber-focused section within its National Security Division to combat the full range of digital crimes, a top department official said Tuesday.
    • “The National Security Cyber Section — NatSec Cyber, for short — has been approved by Congress and will elevate cyberthreats to “equal footing” with other major national security issues, including counterterrorism and counterintelligence, Assistant Attorney General for National Security Matt Olsen said in remarks at the Hoover Institution in Washington. 
    • “The new section enables the agency to “increase the scale and speed of disruption campaigns and prosecutions of nation-state cyberthreats as well as state-sponsored cybercriminals, associated money launderers, and other cyber-enabled threats to national security,” Olsen said. 
    • “The NatSec Cyber Center arrives at a time of growing concern about nation-state cyberattacks especially originating from Russia and China. Last week, Jen Easterly, director of the Cybersecurity and Infrastructure Security Agency, warned Americans to be prepared for a major Chinese cyberattack. “This, I think, is the real threat that we need to be prepared for, and to focus on, and to build resilience against,” she said at an event in Washington.”
  • The Cybersecurity and Infrastructure Security Agency shares a “Readout from CISA’s 2023 Second Quarter Cybersecurity Advisory Committee Meeting.”
  • The National Institutes of Standards and Technology announced on June 22, 2023,
    • “U.S. Secretary of Commerce Gina Raimondo announced that the National Institute of Standards and Technology (NIST) is launching a new public working group on artificial intelligence (AI) that will build on the success of the NIST AI Risk Management Framework to address this rapidly advancing technology. The Public Working Group on Generative AI will help address the opportunities and challenges associated with AI that can generate content, such as code, text, images, videos and music. The public working group will also help NIST develop key guidance to help organizations address the special risks associated with generative AI technologies. The announcement comes on the heels of a meeting President Biden convened earlier this week with leading AI experts and researchers in San Francisco, as part of the Biden-Harris administration’s commitment to seizing the opportunities and managing the risks posed by AI. * * *
    • “[Also on June 22], the National Artificial Intelligence Advisory Committee delivered its first report to the president and identified areas of focus for the committee for the next two years. The full report, including all of its recommendations, is available on the AI.gov website.
    • “Questions about the public working group or NIST’s other work relating to generative AI may be sent to: generativeAI@nist.gov“

From the cybersecurity vulnerabilities and breaches front —

  • Cybersecurity Dive offers details on the MoveIT file transfer program vulnerability and resulting breaches.
    • “Big names disclose MOVEit-related breaches, including PwC, EY and Genworth Financial
    • “More than 100 organizations have been hit as part of the MOVEit attack campaign, including PBI Research Services, which exposed millions of customer data files to theft.”
  • Cyberscoop informs us,
    • “Apple issued a security update on Wednesday for all its operating systems to patch dangerous vulnerabilities that could allow attackers to take over someone’s entire device. 
    • “The vulnerabilities in question first revealed on June 1, appeared to have led the main Russian intelligence agency to make unusually public claims that Apple intentionally left the flaws in its iOS so the National Security Agency and other U.S. entities could compromise “thousands” of iPhones in Russia. Apple has denied those claims.
    • “The charges from the Federal Security Service, or FSB, came the same day that researchers with cybersecurity firm Kaspersky published a report detailing what they said was an “ongoing” zero-click iMessage exploit campaign dubbed “Operation Triangulation” targeting iOS that allowed attackers to run code on phones with root privileges, among other capabilities. Kaspersky published an additional analysis Wednesday, saying that after roughly six months of collecting and analyzing the data, “we have finished analyzing the spyware implant and are ready to share the details.”
  • HHS’s healthcare sector cybersecurity coordination center (HC3) issued an analyst note on “SEO poisoning.”
    • Search engine optimization (SEO) poisoning, considered a type of malvertising (malicious advertising), is a technique used by threat actors to increase the prominence of their malicious websites, making them look more authentic to consumers. SEO poisoning tricks the human mind, which naturally assumes the top hits are the most credible, and is very effective when people fail to look closely at their search results. This can lead to credential theft, malware infections, and financial losses. As more organizations utilize search engines and healthcare continues to digitally transform, SEO poisoning is becoming a larger security threat. HC3 has observed this attack method being used recently and frequently against the U.S. Healthcare and Public Health (HPH) sector.
  • Security Week relates,
    • “The National Security Agency (NSA) has published technical mitigation guidance to help organizations harden systems against BlackLotus UEFI bootkit infections.
    • “The NSA’s recommendations provide a blueprint for defenders to protect systems from BlackLotus, a stealthy malware that emerged on underground forums in late 2022 with capabilities that include user access control (UAC) and secure boot bypass, unsigned driver loading, and prolonged persistence.”
  • This week, CISA added six and then five more known exploited vulnerabilities to its catalog.

From the ransomware front, here is the link to Bleeping Computer’s The Week in Ransomware.

From the cybersecurity defenses front —

  • Health IT Security points out,
    • “Cyber resilience is crucial to business continuity amid a cyber incident, as it ensures that systems can recover quickly. As such, it is no surprise that cyber resilience would be top-of-mind for organizations undergoing a digital transformation.  
    • “In Accenture’s new “State of Cybersecurity Resilience 2023” report, researchers exemplified the benefits of cyber resilience by identifying a group of companies that it calls “cyber transformers.”
    • “Cyber transformers, according to Accenture, “strike a balance between excelling at cyber resilience and aligning with the business strategy to achieve better business outcomes.”
  • NIST announced
    • “NIST’s IoT cybersecurity guidance has long recognized the importance of secure software development (SSDF) practices, highlighted by the NIST IR 8259 series—such as the recommendation for documentation in Action 3.d of NIST IR 8259B, that manufacturers have considered and documented their “secure software development and supply chain practices used.” The NIST SSDF (NIST SP 800-218)describes software development practices that can aid manufacturers in developing IoT products by providing guidance for the secure development of software and firmware. These development practices can also provide assurance to customers regarding how those products were developed and how the manufacturer will support them. When used together, NIST’s SSDF and IoT cybersecurity guidance help manufacturers design and deliver more secure IoT products to customer.”

Friday Factoids

David Ermer–CDC, CMS, FDA, HSA, Rx coverage, U.S. Healthcare–
Photo by Sincerely Media on Unsplash

From Washington, DC —

  • The American Hospital Association reports,
    • “Medicare will cover new Alzheimer’s drugs that receive traditional approval from the Food and Drug Administration when a beneficiary is diagnosed with mild cognitive impairment or Alzheimer’s disease dementia and has a physician participating in a registry with an appropriate clinical team and follow-up care, the Centers for Medicare & Medicaid Services announced June 22. CMS called the approach consistent with its 2022 national coverage determination for the first monoclonal antibodies targeting amyloid to treat Alzheimer’s. “
  • For those interested, Fierce Healthcare offers a more detailed explanation of this development.
  • The International Foundation of Employee Benefit Plans tells us,
    • “The Internal Revenue Service (IRS) has released Notice 2023-37 on the high deductible health plan (HDHP) preventive care safe harbor specific to 1) COVID-19 testing and 2) recommendations with an “A” or “B” rating by the United States Preventive Services Task Force (USPSTF). 
    • COVID-19 testing and screening
      • “IRS has determined that, with the end of the COVID-19 National Emergency and the Public Health Emergency, the relief described in Notice 2020-15 is no longer needed. Accordingly, Notice 2020-15 applies only with respect to plan years ending on or before December 31, 2024. For subsequent plan years, an HDHP is not permitted to provide health benefits associated with testing for and treatment of COVID-19 without a deductible or with a deductible below the minimum deductible (for self-only or family coverage) for an HDHP, except as otherwise provided in this notice. 
      • “IRS Notice 2023-37 states that the preventive care safe harbor, as described in Notice 2004-23, does not include COVID-19 testing effective June 23, 2023, although HDHPs may continue to provide benefits related to testing for COVID-19 before satisfaction of the applicable minimum deductible for plan years ending on or before December 31, 2024.”
    • Recommendations with an “A” or “B” rating by the USPSTF
      • “Consistent with the position taken in Question and Answer 7 of DOL FAQs Part 59, IRS Notice 2023-37 provides that items and services recommended with an “A” or “B” rating by the USPSTF on or after March 23, 2010, are treated as preventive care for purposes of the HDHP safe harbor, regardless of whether these items and services must be covered, without cost sharing, referencing pending litigation (Braidwood v. Becerra).”
  • MedPage Today informs us,
    • “The CDC’s Advisory Committee on Immunization Practices (ACIP) agreed unanimously on Thursday to include the 20-valent pneumococcal conjugate vaccine (PCV20; Prevnar) as an option for U.S. children.”
  • The U.S. Census Bureau announced,
    • “The nation’s median age increased by 0.2 years to 38.9 years between 2021 and 2022, according to Vintage 2022 Population Estimates released today by the U.S. Census Bureau. Median age is the age at which half of the population is older and half of the population is younger.
    • “A third (17) of the states in the country had a median age above 40.0 in 2022, led by Maine with the highest at 44.8, and New Hampshire at 43.3. Utah (31.9), the District of Columbia (34.8), and Texas (35.5) had the lowest median ages in the nation. Hawaii had the largest increase in median age among states, up 0.4 years to 40.7.
    • “No states experienced a decrease in median age. Four states — Alabama (39.4), Maine (44.8), Tennessee (39.1), West Virginia (42.8), and the District of Columbia (34.8) — had no change in their median age from 2021 to 2022.”
  • From the public health front —
  • MedPage Today relates,
    • “While in-hospital delivery-related maternal mortality has decreased, severe maternal morbidity increased, according to a retrospective cross-sectional study.
    • “Among over 11 million hospital discharges from 2008 to 2021, regression-adjusted maternal mortality per 100,000 discharges decreased from 10.6 deaths in 2008 to 4.6 deaths in 2021, reported Dorothy Fink, MD, of the Department of Health and Human Services in Rockville, Maryland, and colleagues.
    • “Each subsequent year after 2008 had an 11% decrease in odds of death compared with the previous year (adjusted OR 0.89, 95% CI 0.87-0.92), they noted in JAMA Open Network.
    • “This large national study found a decreasing trend of in-hospital delivery-related maternal mortality during 2008 to 2021, regardless of racial or ethnic group, age, or mode of delivery, likely demonstrating the impact of national and local strategies focused on improving the maternal quality of care provided by hospitals during delivery-related hospitalizations,” Fink and team wrote.”
  • STAT News reports,
    • Color Health wants to take away any reason you might have for skipping screenings for cancer. 
    • The Silicon Valley company, which pivoted from cancer genomics to Covid-19 testing on a large and hugely profitable scale, has a new program that incorporates both its roots in cancer testing and its logistical experience from the pandemic. Called, simply, the Cancer Prevention and Screening Program, and built in partnership with the American Cancer Society, the program aims to make it easy to get the appropriate screenings, whether at a clinic or at home.” * * *
    • “Research has shown that outreach and navigation can improve participation, screening, follow-up,” said Samir Gupta, a cancer researcher and gastroenterologist at the University of California, San Diego, who does not work with Color. “But we haven’t been able to come up with sustainable models for how that work gets paid for. This is interesting because it’s a market solution for the lack of resources that exist helping people complete screening and follow-up.” * * *
    • “Color does already work with a wide range of customers, including large employers, workers’ unions, and government entities. Many of those existing customers will receive the cancer screening and prevention service from Color, which will officially launch in October.”

From the Rx coverage front

  • STAT News points out.
    • An experimental pill from Eli Lilly led to 14.7% weight loss on the highest dose in a 36-week trial, heating up the growing competition among drugmakers to develop an effective oral obesity therapy.
    • The mid-stage results for orforglipron match the estimates of 14-15% weight loss that Lilly gave in an investor call late last year. The full results, published Friday in the New England Journal of Medicine, were presented here to a packed conference room at the American Diabetes Association conference.
    • By the end of the trial, the authors said, participants’ weight loss had not plateaued, suggesting the potential for even greater weight loss over a longer treatment period.
    • Orforglipron, taken daily, is a GLP-1 drug, a type of medication that mimics the effects of the glucagon-like peptide 1 hormone that helps people feel full after eating. This class of drugs has exploded in popularity, with the injectable GLP-1s Wegovy and Mounjaro showing up to 15% and 21% weight loss in trials, respectively. If pills can ultimately prove to work as well, they could be more accessible and more attractive to many patients for their convenience.
  • Fierce Healthcare notes,
    • “Optum Rx will add two more Humira biosimilars to its formulary later this summer.
    • “The pharmacy benefit manager—one of the three largest in the market—will place Boehringer Ingelheim’s Cyltezo and Sandoz’s Hyrimoz on its formulary at parity with Humira starting July 1. Optum added Amgen’s Amjevita to its formulary at parity with Humira earlier this year.
    • “Humira, manufactured by AbbVie, is an injectable treatment for a range of conditions, including rheumatoid arthritis, ankylosing spondylitis and others. It’s a high source of cost, and PBMs have had high hopes that biosimilars coming to market could be critical in addressing those expenses.”

From the U.S. healthcare business front —

  • Healthcare Dive reports,
    • “Deal volumes for health services are holding steady in 2023, even as the sector faces headwinds like high-interest rates, increased regulatory scrutiny and other macroeconomic concerns, according to a report by consulting firm PwC. 
    • “The analysis found deal volumes declined 4% in the 12 months ending May 15, 2023, compared with 2022, and deal value declined 15%. 
    • “However, the firm is “optimistic” about healthcare merger and acquisition activity for the rest of 2023, arguing corporate and private equity players have plenty of cash to spend and health services companies face a climate that demands adaptation and change.”
  • Fierce Healthcare adds.
    • “Ochsner Health and the University of Texas MD Anderson Cancer Center are partnering to build an integrated cancer care program in southeastern Louisiana, the organizations announced Thursday.
    • “Called the Ochsner MD Anderson Cancer Center, their collaboration is the first to bring MD Anderson’s best practices and clinical leadership to the state’s cancer patients. It is the seventh such arrangement MD Anderson has with major health systems.”
  • MedCity News tells us.
    • “There are a lot of administrative hurdles behavioral health providers have to go through to join an insurer’s network. That’s why the industry needs something similar to the “Common App” for applying to be in-network with insurers, said Cara McNulty, president of behavioral health and mental wellbeing at CVS Health. The Common App allows students to apply to multiple colleges through one application.” 

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.

Midweek Update

David Ermer–CDC, Congress, U.S. Healthcare–
Photo by Manasvita S on Unsplash

From Washington, DC —

  • STAT News reports
    • “Republican Sen. Chuck Grassley wants to see his party’s leadership turn up the pressure on pharmacy benefit managers.
    • “They talk in such generalities on this subject that it’s difficult for me to tell where they’re coming from,” he said at a STAT event Wednesday, speaking about top GOP senators’ approach to reforming the drug pricing middlemen who negotiate between pharmaceutical companies and insurers. “We’re hearing… ‘We don’t want to do something splitting the caucus.’ But we’ve got a major problem here with PBMs deciding rebates, deciding the price of drugs, probably being an instrument to drive up the price of drugs, and nobody knows what they’re doing.”
    • “Grassley has reason to push urgency. The Senate leaves this weekend for a July recess, and when they return next month, lawmakers have just over two weeks of working days in the Capitol before a monthlong AugusSt break. Multiple drug pricing priorities hang in limbo.”
  • The Federal Times adds
    • “The House’s fiscal 2024 funding plan for federal civilian agencies would force agencies to roll back telework, keep abortion out of employee health insurance plans and make pay contingent on compliance with Congressional demands.
    • “The Financial Services and General Government Appropriations bill, which will be considered in a hearing Thursday, sets funding for more than two dozen independent agencies, including the Internal Revenue Service and White House offices, for the government fiscal year that starts Oct. 1, according to an executive summary released Wednesday.”
  • STAT News informs us
    • “A panel of experts that advises the Centers for Disease Control and Prevention on vaccinations opted Wednesday not to recommend that all seniors get a vaccine to protect against RSV.
    • “Instead, the Advisory Committee on Immunization Practices said that anyone 60 and older should be able to get one of the new vaccines — being brought to market by GSK and Pfizer — if they and their physicians think it would be worthwhile.”

From the public health front —

  • The National Cancer Institute advises
    • “A new study has found an effective way to help women in rural towns get screened for cancer. But the study didn’t zero in on just one kind of cancer screening. Instead, the researchers tried simultaneously boosting all of the cancer screenings women need—breast, cervical, and colorectal. And a randomized clinical trial of the approach showed that it worked.
    • “In the trial, providing rural women with an interactive video of tailored messages about cancer screening plus a phone call with a patient navigator was the most effective way of getting them up to date on all three cancer screeningsExit Disclaimer. 
    • “Results of the study, which included nearly 1,000 women living in rural parts of Indiana and Ohio, were published April 28 in JAMA Network Open.
    • “The basic message is: Health care providers can, and probably should, address all screenings needed at the same time,” said study co-leader Victoria Champion, Ph.D., R.N., of Indiana University Melvin and Bren Simon Comprehensive Cancer Center.”
  • and
    • “New cases of colorectal cancer in people under the age of 50 have been rising at an alarming rate over the past several decades. But younger adults aren’t routinely screened for colorectal cancer because the disease is still relatively rare in younger adults. 
    • “Now, a study has identified four warning signs that, according to the investigators, could help encourage younger adults to seek medical care so they can potentially catch the disease at an earlier and more treatable stage. 
    • “To conduct the study, the research team analyzed insurance claims data on more than 5,000 people diagnosed before age 50, called early-onset colorectal cancer, and more than 22,000 people without cancer (controls).
    • “The analysis showed that, in the period of 3 months to 2 years before people with colorectal cancer were diagnosed, four signs were more commonly reported in people who developed colorectal cancer than in matched controls:
      • abdominal pain
      • rectal bleeding
      • diarrhea
      • iron deficiency anemia
    • “Having just one of these signs during this period was associated with nearly twice the likelihood of being diagnosed with early-onset colorectal cancer as having none of the signs.
    • “Having three or more of these signs was associated with six times the likelihood of being diagnosed with the disease. The findings were published May 4 in the Journal of the National Cancer Institute.”
  • STAT News reports “Xylazine or ‘tranq’ is making opioid overdoses harder to reverse.”
    • “Six years ago, when you would hit somebody with naloxone, they would be very responsive,” said Sarah Laurel, the executive director of Savage Sisters, a Philadelphia nonprofit that provides resources and care to people who use drugs. But more recently, she said, “I started noticing that my friends, when we would hit them with Narcan, they weren’t responsive. Their color was not returning, and they weren’t beginning to breathe on their own.”
    • “When responding to an overdose in the xylazine era, Laurel said, the new priority is simple: oxygen. Emergency responders and harm-reduction workers are increasingly using whatever tools and techniques they have available to make sure oxygen is reaching overdose victims’ brains, including mouth-to-mouth breathing and oxygen masks.
    • “Amid the fast-changing landscape, doctors, first responders, public health officials, and nonprofits have scrambled to formalize their new overdose-response protocols. At the same time, they have worked to draw up new instructions for bystanders who encounter an overdose in progress. They are, in essence: Administer naloxone, call 911, and then immediately start “rescue breathing” to ensure the overdose victim doesn’t die or experience hypoxic brain injury before emergency responders arrive.
    • “Recent guidance from the Philadelphia Department of Public Health encourages overdose responders to provide supplemental oxygen and employ “airway management” techniques — essentially, manipulating the head, neck, and body to ensure breathing isn’t blocked.”
  • HHS announced
    • The U.S. Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), issued a new advisory today: Identification and Management of Mental Health Symptoms and Conditions Associated with Long COVID.
    • “Long COVID has a range of burdensome physical symptoms, and can take a toll on a person’s mental health. It can be very challenging for a person, whether they are impacted themselves, or they are a caregiver for someone who is affected,” said HHS Secretary Xavier Becerra. “This advisory helps to raise awareness, especially among primary care practitioners and clinicians who are often the ones treating patients with Long COVID.”
  • and
    • “The Biden-Harris Administration today announced a public-private partnership between the U.S. Department of Health and Human Services (HHS) and Upstream to expand access to contraception, an essential component of reproductive health care, and address the growing disparities in women’s health in the U.S.”

From the plan design front —

  • Health Payer Intelligence points out
    • “Payers should consider program design intensity when implementing value-based purchasing contracts, as higher-intensity programs can lead to better care quality and greater spending reductions, a systematic review published in Health Affairs found.
    • “Value-based purchasing programs can incorporate both financial and non-financial features. Financial aspects include bonuses, penalties, and financial risk-sharing arrangements.
    • “Non-financial aspects aim to help providers respond to the spending and quality incentives in a VBP program. These include analyzed data, reports, or lists; technical assistance through leadership or change management training, infrastructure payments to add more staff; raw claims data; risk-management support; and care management support.
    • “Different combinations of financial and non-financial supports can lead to varying levels of program intensity.”
  • The Wall Street Journal reports
    • Food and insurance companies are exploring ways to link health coverage to diets, increasingly positioning food as a preventive measure to protect human health and treat disease.
    • Insurance companies and startups are developing meals tailored to help treat existing medical conditions, industry executives said, while promoting nutritious diets as a way to help ward off diet-related disease and health problems.
    • “We know that for adults, around 45% of those who die from heart disease, Type 2 diabetes, stroke, that poor nutrition is a major contributing factor,” said Gail Boudreaux, chief executive of insurance provider Elevance Health speaking at The Wall Street Journal Global Food Forum. “Healthy food is a real opportunity.”

Tuesday’s Tidbits

David Ermer–AHRQ, CDC, FDA, Medical / Rx research, OPM, U.S. Healthcare–
Photo by Patrick Fore on Unsplash

From the public health front —

  • Health Affairs launched a new publication called Health Affairs Scholar. Health Affairs also made available its lead article in the new publication titled “Ten Health Policy Challenges for the Next Ten Years.”
  • MedPage Today reports
    • “An increase in pediatric type 2 diabetes cases that began during school closures amid the COVID-19 pandemic has not returned to baseline, according to a retrospective study.
    • “Compared with the year before COVID emerged, the number of new pediatric type 2 diabetes cases ballooned during the first year of the pandemic (March 2020 through February 2021; P=0.005), and then jumped again during the second year (March 2021 through February 2022; P=0.0006), reported Esther Bell-Sambataro, MD, of Nationwide Children’s Hospital and the Ohio State University in Columbus, during ENDO 2023opens in a new tab or window, the annual meeting of the Endocrine Society.”
  • The Food and Drug Administration adds
    • “Today, the U.S. Food and Drug Administration approved Jardiance (empagliflozin) and Synjardy (empagliflozin and metformin hydrochloride) as additions to diet and exercise to improve blood sugar control in children 10 years and older with type 2 diabetes. These approvals provide a new class of medicines taken by mouth to treat pediatric type 2 diabetes. Metformin, the only other oral therapy available for the treatment of children with type 2 diabetes, was first approved for pediatric use in 2000.
    • “Compared to adults, children with type 2 diabetes have limited treatment options, even though the disease and symptom onset generally progress more rapidly in children,” said Michelle Carey, M.D., M.P.H., associate director for therapeutic review for the Division of Diabetes, Lipid Disorders, and Obesity in the FDA’s Center for Drug Evaluation and Research. “Today’s approvals provide much-needed additional treatment options for children with type 2 diabetes.”
  • Also from the FDA
    • “Today, the U.S. Food and Drug Administration announced a new voluntary pilot program for certain oncology drug products used with certain corresponding in vitro diagnostic tests to help clinicians select appropriate cancer treatments for patients. 
    • “We believe this guidance and the launch of the pilot program are important steps towards addressing safety risks posed by the use of poorly performing laboratory-developed tests,” said Jeff Shuren, M.D., J.D., director of the FDA’s Center for Devices and Radiological Health. “The pilot aims to help by making transparent performance recommendations for diagnostic tests used to select certain oncology drug treatments.”
  • The National Institutes of Health informs us
    • “A recent follow-up analysis of data from an international, National Institutes of Health-funded clinical trial suggests daily low-dose aspirin increases the risk of anemia in people age 65 years and older by approximately 20%. Given these findings, older adults on low-dose aspirin and their care providers may want to consider periodic monitoring of red blood cells or hemoglobin. Anemia in older adults is associated with functional decline, increased fatigue, disabilities, depressive symptoms, and cognition problems.
    • “Published in the Annals of Internal Medicine, scientists from the Aspirin in Reducing Events in the Elderly (ASPREE) study examined the effect of long-term low-dose aspirin use on incident anemia and the effect of aspirin on changes in hemoglobin concentration, as well as ferritin levels, as an indicator of iron deficiency. The researchers found that low-dose aspirin led to increased incident anemia in otherwise healthy older adults at enrollment, independent of major bleeding.”
  • The U.S. Preventive Services Task Force released a new recommendation — “Adults 64 years or younger, including pregnant and postpartum persons: Screen for anxiety. Grade: B” — and reissued a 2014 recommendation — “Adults, including pregnant and postpartum persons, and older adults (65 years or older): Screen for major depressive disorder (MDD). Grade: B.”
  • ICD10 Monitor alerts us
    • “The Centers for Disease Control and Prevention (CDC) released the ICD-10-CM codes for the 2024 fiscal year (FY) on Friday, June 16. This release included 395 additions, 25 deletions, and 13 revisions. The deletions are due to the expansion of the diagnosis codes. The total ICD-10-CM codes for FY 2024 is 74,044. These codes will be effective starting with Oct. 1, 2023, visits or discharges.”

From the federal employment front —

  • FedWeek tells us
    • “A hearing set for this week on three high-profile work backlogs likely will add to the pressure from House Republicans for agencies to reduce their levels of telework.
    • “The hearing in the House federal workforce subcommittee will “examine the backlogs of military and civil service personnel records requests, the Social Security Administration’s customer service line and disability claims, and passport backlogs. This hearing will also examine what steps agencies are taking to clear backlogs and provide timely service and support to the American people,” according to the panel.”
  • Govexec reports
    • “An advisory council dedicated to examining issues related to federal employee compensation issued no new recommendations for changes to the map of locality pay areas in a newly released report, instead urging quick implementation of proposals that already received a green light from the president’s pay agent.
    • “In a report dated Feb. 4 but only published by the Office of Personnel Management this month, the Federal Salary Council said none of the regions currently being studied by the Bureau of Labor Statistics regarding the pay disparity between federal workers and private sector employees currently meet the criteria to become locality pay areas.
    • “Instead, the council, which is made up of a mix of presidentially appointed federal human resources experts and representatives of unions and other federal employee organizations, focused its report on reiterating a series of recommendations approved last December by the president’s pay agent, a body made up of OPM Director Kiran Ahuja, Office of Management and Budget Director Shalanda Young and then-Labor Secretary Marty Walsh. But in order for those recommendations to be implemented, OPM must first issue regulations.
    • “In terms of discreet additions to the map of locality pay areas, the salary council urged swift action to implement the new locality pay areas of Fresno, Calif.; Reno, Nev.; and Spokane, Wash. Additionally, Dukes and Nantucket counties, Mass., would join the Boston locality pay area; Huron County, Mich., will join the Detroit locality pay area; and Pacific and San Juan counties, Wash., would be included in the Seattle locality pay area. And Greensville County and the city of Emporia in Virginia would both become part of the Richmond locality pay area.”
  • and
    • “The U.S. Postal Service is preparing layoff notices that could take effect in September, notifying staff earlier this month of the potential for workforce reductions. 
    • “USPS is allowing impacted workers to apply for lateral or downgraded positions, anticipating it can absorb the employees elsewhere. The changes will affect non-union staff in the logistics division serving in management positions. James Lloyd, a USPS director for labor relations policies and programs, said the reductions were developed “based on an evaluation of staffing criteria and manager levels” by headquarters personnel.”

From the U.S. healthcare business front —

  • HHS’s Agency for Healthcare Quality and Research released its annual update to the Compendium of U.S. Health Systems.
    • “The Compendium of U.S. Health Systems includes information on U.S. health systems, defined in this analysis to include at least one hospital and at least one group of physicians providing comprehensive care, and who are connected with each other and with the hospital through common ownership or joint management. The Compendium is updated on a regular basis, with the newest files released in June 2023:
    • “2021 Compendium (New)
    • “2020 Compendium (New)
    • “2018 Compendium“
  • Beckers Hospital Review ranks 35 health systems by revenue.
  • BioPharma Dive reports
    • “Eli Lilly has agreed to buy Dice Therapeutics for about $2.4 billion in a deal that gives the pharmaceutical giant a promising oral autoimmune disease drug in clinical testing.”
    • “Lilly will buy Dice, a young biotechnology company that went public in 2021, for $48 per share in cash, the companies announced Tuesday. The purchase price equates to a roughly 42% premium to Dice shares’ closing price Friday and about 40% above the average trading price over the last month.
    • “The deal is expected to close in the third quarter, pending regulatory clearance and the tender of a majority of Dice’s outstanding stock.”

Happy Juneteenth

David Ermer–Congress, Generative AI, Rx coverage, SCOTUS, SDOH, Telehealth, U.S. Healthcare–
Photo by Derek Lamar on Unsplash

Mercer Consulting offers us this background

  • “On June 19 this year, 96 year-old Opal Lee will once again invite others to join her on a 2.5 mile Walk for Freedom in Fort Worth, Texas. Known as the “Grandmother of Juneteenth,” Opal began campaigning decades ago for a national holiday to commemorate the anniversary of the day in 1865 when news of the Emancipation Proclamation finally reached the enslaved people in Galveston, Texas. In 2016, at age 89, Opal began a symbolic walk from Fort Worth to Washington D.C. in an effort to get 100,000 people to sign a petition to create the holiday. She was transported from city to city where she would walk 2.5 miles, representing the 2.5 years it took for freedom to reach Texas. By the time she made it to Washington, she had obtained over 1.5M signatures. In June 2021, her efforts succeeded – a bill to make Juneteenth a federal holiday was passed by Congress and signed into law by President Joe Biden.  
  • “Juneteenth has long been celebrated by Black people; Opal Lee has vivid memories of celebrating Juneteenth as a child in East Texas with music, food, and games. Since the creation of the federal holiday, more employers are recognizing its importance and embracing their role in promoting Juneteenth in the workplace. In 2021, just 9% of employers had made Juneteenth a paid company holiday. That jumped to 33% in 2022 and rose again this year, to 39%.”

Mercer Consulting adds

  • “For employers, the JAMA Open Network study [on healthcare disparities] underscores the pressing need to expand provider networks to be inclusive of diverse clinicians. By improving networks, and actively working with partners to dismantle barriers and biases within healthcare, we can begin to empower employees with choice – the ability to connect with providers who better understand their unique needs, experiences, and challenges. Diverse physician networks lead to stronger doctor-patient relationships, which ultimately lead to better health outcomes for marginalized populations.”

From Washington, DC —

  • The U.S. Supreme Court handed down five opinions last week. NPR identifies the remaining cases that it is tracking. (One of them the Indian Child Welfare Act was decided last week in favor of the Indian tribes.)
  • Last week, OMB’s Office of Information and Regulatory Affairs posted its Spring 2023 federal regulatory agenda. Here is a link to the OPM agenda. OPM is planning a second Postal Service Health Benefits Program rule and a rule that would accelerate the effective date of FEHB coverage for new federal employees.

Healthcare Dive reports

  • “The group that advises Congress on Medicare policy released a new report Thursday [June 15] with recommendations on telehealth, overpayments to Medicare Advantage plans and site-neutral payments across some outpatient care settings.
  • “The Medicare Payment Advisory Commission, or MedPAC, included telehealth in the report to satisfy a mandate from Congress after virtual care surged during the COVID-19 pandemic. Telehealth coverage under Medicare was limited before the public health emergency, and it was expanded to preserve access to care.
  • “The report found fee-for-service Medicare spending for telehealth care was $4.8 billion in 2020 and $4.1 billion in 2021, more than 30 times greater than 2019. Early findings show more telehealth use was associated with little change in quality, slightly improved access to care for some beneficiaries and slightly increased costs to Medicare.”

From the MD opinion front —

  • An emergency room doctor writing in MedPage Today gives us his take on the fentanyl crisis.
  • An oncologist writing in STAT News gives us her take on the cancer drug shortage. Her article’s title says it all: “Cancer drug shortages should have patients rioting in the streets.”

From the generative AI front, Healthcare IT News tells us, “An NYU Langone Health [large language model] LLM can predict hospital readmissions. The large language model is still in testing, but the AI tool had a median accuracy score of 77.8% compared to a physician score of 62.8%. The code base is now available to all healthcare organizations [via GitHub].

From the semaglutide drug front —

  • The Wall Street Journal reports that these drugs designed for weight loss also may bring alcohol and tobacco use from an addiction to a controllable level.
  • Politico discusses manufacturer lobbying efforts to convince Congress to cover these drugs for weight loss unconnected to diabetes.
  • Bloomberg informs us
    • “Some dosages of Eli Lilly & Co.’s Mounjaro are again in shortage, the latest in a line of recurring supply issues caused by patients using the diabetes medication as a weight-loss treatment.
    • “The latest shortage will result in “intermittent backorders” for three of six doses through July, according to an update posted by the US Food and Drug Administration on its website on Friday.
    • “Lilly spokesperson Jessica Thompson said the backorders were “due to continued dynamic patient demand” and would affect the three highest doses of Mounjaro. She also said the company is investing in expanding manufacturing capacity.”

From the miscellany front –

  • CNBC reports
    • “Bristol Myers Squibb on Friday sued the Biden administration over Medicare’s new powers to slash drug prices, the third such lawsuit to be filed against the program in a matter of days.
    • “The lawsuit filed in federal district court in New Jersey argues the Medicare negotiations violate the First and Fifth Amendments of the U.S. Constitution.
    • “Bristol Myers Squibb has asked the court to declare the program unconstitutional and prevent the Health and Human Services Department from forcing the company to enter negotiations.
    • “Bristol Myers Squibb’s arguments mirror those lodged last week by Merck, the first company to sue the federal government over the drug negotiations. The U.S. Chamber of Commerce has also sued HHS over the program with similar arguments.”
  • Fierce Healthcare relates
    • “Simple HealthKit has inked a deal with Walmart to bring at-home diagnostic tests, including diabetes, respiratory wellness and sexual wellness labs, to the largest retailer in the world.
    • “Through the retail giant’s website, customers can purchase tests bolstered by Simple HealthKit’s end-to-end healthcare infrastructure, including testing, follow-up and treatment. The digital health company’s HbA1c test identifies key markers for Type 2 diabetes. Respiratory wellness tests include influenza A, influenza B and respiratory syncytial virus. In light of a decrease in sexual health testing during the pandemic, customers can test for three of the most common STDs at home, chlamydia, gonorrhea and trichomoniasis.”
  • Health Payer Intelligence points out
    • Employer-sponsored health plan enrollment among nonelderly Americans will grow after 2025, accompanied by higher private payer premiums, a Health Affairs study found.
    • The study used Congressional Budget Office projections to estimate future coverage trends. However, the researchers noted many uncertainties embedded in these trends, including future economic, policy, and healthcare utilization changes. * * *
    • After 2025, enhanced subsidies will end and employment will increase, driving more people to employer-sponsored coverage. Approximately 157 million individuals may have employer-sponsored coverage in 2027. By 2033 this population will grow to 159 million.
    • Private-payer premiums will also trend upward from 2023 through 2033. In 2023, the private payer premium growth rate will be 6.5 percent. Premiums will grow 5.9 percent from 2024 to 2025 and 5.7 percent from 2026 to 2027. By 2033, the average premium increase will be 4.6 percent.
  • Of course, depending on the outcome of the 2024 federal election, it is possible that the ACA subsidies could be made permanent in 2025. Time will tell.

Cybersecurity Saturday

David Ermer–Cybersecurity–

From the cybersecurity policy front, the Wall Street Journal offers its quarterly cyber regulations update for June 2023.

From the cybersecurity vulnerabilities and breaches front —

  • On June 16, HHS’s health sector Cybersecurity Coordination Center (HC3) announced
    • “On May 31, 2023, a Progress Software (formerly IPSwitch) published a notification disclosing that a critical vulnerability exists in their MOVEit Transfer software, which could result in unauthorized access and privilege escalation. The vulnerability is a SQL injection flaw that allows for escalated privileges and potential unauthorized access. An attacker could submit a crafted payload to a MOVEit Transfer application endpoint which could result in modification and disclosure of MOVEit database content. As of June 15, 2023, the vulnerability has been serialized with two separate CVEs: CVE-2023-35708 and CVE 2023-35036. The updates can be found on the Progress Security Center webpage.”
  • HC3 also released its May 2023 Cybersecurity Vulnerabilities Bulletin.
  • The Cybersecurity and Infrastructure Security Agency (CISA) added one more known exploited vulnerability to its catalog.
  • Health IT Security reports
    • “Johns Hopkins University and Johns Hopkins Health are actively investigating a cyberattack and data breach that occurred on May 31. Johns Hopkins said that the attack involved a “widely used software tool” and impacted “thousands of other large organizations across the world.”
    • “While the notice does not explicitly mention MOVEit, the timeline of the attack lines up with the discovery of a critical vulnerability in Progress Software’s MOVEit Transfer software, a widely used software tool.
    • “As previously reported, Clop ransomware has taken a special interest in this vulnerability and began exploiting the previously unknown SQL injection vulnerability on May 27.”
  • The Associated Press adds
    • “The Department of Energy and several other federal agencies were compromised in a Russian cyber-extortion gang’s global hack of a file-transfer program popular with corporations and governments [MOVEit], but the impact was not expected to be great, Homeland Security officials said Thursday.
    • “But for others among what could be hundreds of victims from industry to higher education — including patrons of at least two state motor vehicle agencies — the hack was beginning to show some serious impacts. 
    • “Jen Easterly, director of the Cybersecurity and Infrastructure Security Agency, told reporters that unlike the meticulous, stealthy SolarWinds hacking campaign attributed to state-backed Russian intelligence agents that was months in the making, this campaign was short, relatively superficial and caught quickly. 
    • “Based on discussions we have had with industry partners … these intrusions are not being leveraged to gain broader access, to gain persistence into targeted systems, or to steal specific high value information— in sum, as we understand it, this attack is largely an opportunistic one,” Easterly said.”

From the cybersecurity threat actors front —

  • HC3 issued a threat actor profile on FIN11
    • “FIN11 is a cybercriminal group that has been active since at least 2016, originating from the Commonwealth of Independent States (CIS). While the group has historically been associated with widespread phishing campaigns, the group has shifted towards other initial access vectors. FIN11 often runs high-volume operations mainly targeting companies in various industries in North America and Europe for data theft and ransomware deployment, primarily leveraging CL0P (aka CLOP). The group has targeted pharmaceutical companies and other health care targets during the COVID-19 pandemic and continues to target the health sector. The group is behind multiple high-profile, widespread intrusion campaigns leveraging zero-day vulnerabilities. It is likely that FIN11 has access to the networks of far more organizations than they are able to successfully monetize, and choose if exploitation is worth the effort based on the location of the victim, their geographical location, and their security posture. This Threat Actor Profile provides information associated with FIN11, including recent campaigns, associated malware, CVEs exploited, and TTPs.”
  • HHS’s Administration for Strategic Preparedness and Response released a TimisoaraHackerTeam analysis.
  • On June 13, “CISA, the Federal Bureau of Investigation (FBI), the Multi-State Information Sharing and Analysis Center (MS-ISAC), and international partners released Understanding Ransomware Threat Actors: LockBit, a joint Cybersecurity Advisory (CSA) to help organizations understand and defend against threat actors using LockBit, the most globally used and prolific Ransomware-as-a-Service (RaaS) in 2022 and 2023. This guide is a comprehensive resource detailing the observed common vulnerabilities and exposures (CVEs) exploited, as well as the tools, and tactics, techniques, and procedures (TTPs) used by LockBit affiliates. Additionally, it includes recommended mitigations to help reduce the likelihood and impact of future ransomware incidents.”
  • On June 15 Cybersecurity Dive reported
    • “A suspected threat actor affiliated with China is exploiting a subset of compromised Barracuda Email Security Gateway SG devices to launch a widespread espionage campaign in support of the People’s Republic of China, according to a report released Thursday by Mandiant. 
    • “The threat actor, tracked as UNC4841, has been sending emails with malicious attachments since October 2022, in order to exploit the zero-day vulnerability disclosed in May. The hackers used a variety of custom malware to maintain a presence in targeted systems, and most of the exploitation taking place in the Americas. 
    • “This is the broadest cyber espionage campaign known to be conducted by a China-nexus threat actor since the mass exploitation of Microsoft Exchange in 2021,” Charles Carmakal, CTO of Mandiant Consulting, Google Cloud said in a statement. “In the Barracuda instance, the threat actor compromised email security appliances of hundreds of organizations.”

From the ransomware front, we have the latest Week in Ransomware from the Bleeping Computer.

From the cybersecurity defenses front

  • Cybersecurity Dive tells us “LastPass CEO reflects on lessons learned, regrets and moving forward from a cyberattack; Karim Toubba is ready to talk nearly a year after LastPass suffered a cyberattack that became one of the biggest security blunders of 2022.”
  • On June 13,
    • “The Cybersecurity and Infrastructure Security Agency (CISA) today issued Binding Operational Directive (BOD) 23-02, Mitigating the Risk from Internet-Exposed Management Interfaces, which requires federal civilian agencies to remove specific networked management interfaces from the public-facing internet or implement Zero Trust Architecture capabilities that enforce access control to the interface within 14 days of discovery.
    • “Recent threat campaigns underscore the grave risk to the federal enterprise posed by improperly configured network devices. As part of CISA and the broad U.S. government’s effort to move the federal civilian enterprise to a more defensible posture, this Directive will further reduce the attack surface of the federal government networks.”
  • On June 14,
    •  CISA, together with the National Security Agency (NSA), released a Cybersecurity Information Sheet (CSI), highlighting threats to Baseboard Management Controller (BMC) implementations and detailing actions organizations can use to harden them. 
    • “BMCs are trusted components designed into a computer’s hardware that operate separately from the operating system (OS) and firmware to allow for remote management and control, even when the system is shut down. Hardened credentials, firmware updates, and network segmentation options are often overlooked, leading to a vulnerable BMC. A vulnerable BMC broadens the attack vector by providing malicious actors the opportunity to employ tactics such as establishing a beachhead with pre-boot execution potential.  
    • “CISA and NSA encourage all organizations managing servers to apply the recommended actions in this CSI.”
  • Also on June 15,
    • “Progress Software has released a security advisory for a privilege escalation vulnerability (CVE-2023-35708) in MOVEit Transfer—a Managed File Transfer Software. A cyber threat actor could exploit this vulnerability to take control of an affected system.
    • “CISA urges users and organizations to review the MOVEit Transfer advisory, follow the mitigation steps, and apply the necessary updates when available.”

Friday Factoids

David Ermer–CDC, COVID-19, COVID-19 vaccine, Rx coverage, SCOTUS, U.S. Healthcare–
Photo by Sincerely Media on Unsplash

From Washington, DC —

  • MedPage Today reports
    • “On Friday, President Biden announced his intent to choose former top North Carolina health official Mandy Cohen, MD, MPH, to lead the CDC.
    • “Dr. Cohen is one of the nation’s top physicians and health leaders with experience leading large and complex organization and a proven track record protecting Americans’ health and safety,” Biden said in a statement.” * * *
    • “Cohen earned her bachelor’s degree at Cornell University in Ithaca, New York, her medical degree from the Yale School of Medicine in New Haven, Connecticut, and her master’s in public health from the Harvard Public School of Health in Boston. She completed her residency at Massachusetts General Hospital.”
  • STAT News suggests that Dr. Cohen’s political experience will benefit the CDC. Dr. Cohen’s nomination does not require Senate confirmation. Senate confirmation of CDC Directors will become a prerequisite in 2025.
  • Per Reuters,
    • “The U.S. Supreme Court on Friday preserved the Justice Department’s power to unilaterally dismiss lawsuits filed under a law that lets whistleblowers sue businesses on behalf of the government to recover taxpayer money paid to companies based on false claims in exchange for a portion of any recovery.”
    • In the FEHBlog’s opinion, this is a logical and welcome outcome as the federal government should have control over litigation brought on its behalf.
  • Per the FDA’s website,
    • “Today, the FDA posted information on its website regarding the formula for COVID-19 vaccines for the 2023-2024 fall and winter seasons. The FDA has advised manufacturers seeking to update their COVID-19 vaccines that they should develop vaccines with a monovalent XBB.1.5 composition. This recommendation incorporates advisory committee input and is based on the totality of the available evidence to select the vaccine composition that the FDA anticipates will best protect public health. The agency anticipates the timely submission of the data and filings to support FDA action on updated COVID-19 vaccines in order to make vaccines available this fall that meet our standards for safety, effectiveness and quality. 
    • “On Thursday, the FDA granted accelerated approval to glofitamab-gxbm (Columvi, Genentech, Inc.) for relapsed or refractory diffuse large B-cell lymphoma, not otherwise specified or large B-cell lymphoma arising from follicular lymphoma, after two or more lines of systemic therapy. The prescribing information includes a Boxed Warning for serious or fatal cytokine release syndrome (CRS). Other warnings and precautions include neurologic toxicity, including Immune Effector Cell-Associated Neurotoxicity (ICANS), serious infections, and tumor flare. Glofitamab-gxbm should only be administered by a healthcare professional with appropriate medical support to manage severe reactions, including CRS. View full prescribing information for Columvi.”

From the miscellany department —

  • Healthcare Dive reports
    • A second major health insurer is warning investors about higher-than-anticipated outpatient care utilization that could hike medical costs, potentially cutting into profits. [UnitedHealthCare was the first.]
    • Humana filed an 8-K with the U.S. Securities and Exchange Commission on Friday morning saying elevated outpatient trends are expected to push its medical loss ratio, a marker of how much payers spend on patient care, toward the high end of its outlook for both the second quarter and the full year.
  • NPR tells us
    • Pfizer is facing a shortage of penicillin due to increased demand and more diagnoses of syphilis, the company said in a letter to its customers this week. 
    • The company said there is an “impending stock out situation” for select Bicillin L-A and Bicillin C-R prefilled syringes, Pfizer’s brand name of injectable penicillin. 
    • Prefilled Bicillin L-A pediatric syringes are expected to begin running low by the end of June, while all Bicillin C-R syringes could begin diminishing in the third quarter of this year. 
    • Inventory is predicted to start recovering in the second and third quarters of 2024, Pfizer said. 
    • Penicillin is an antibiotic used to treat various types of infections, including sexually transmitted diseases, such as syphilis and pneumonia.
  • Medscape points out
    • The American Medical Association (AMA) on Wednesday said it will advise doctors to pay less attention to body mass index (BMI) in determining if a patient is at a healthy weight, saying the measure does not predict disease risk equally well across racial and ethnic groups.
    • BMI, a ratio of weight to height, has long been used to define underweight, “normal” weight, overweight, obesity and morbid obesity, despite mounting evidence that it is an inaccurate predictor of health risks on an individual level.
    • At the influential physician group’s annual meeting in Chicago, members voted adopt a new policy that says BMI should be just one factor in determining whether a patient is at a healthy weight. Other measures such as body composition, belly fat, waist circumference, and genetic factors are also important, the AMA said. * * *
    • The AMA’s new policy also says BMI should not be used as a sole criterion for denying insurance reimbursement.
  • MedPage Today interviews the new AMA President-elect, Dr. Bruce Scott.

Thursday Miscellany

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

From Washington, D.C.

  • Politico tells us,
  • “The House Energy and Commerce Committee will examine how Medicare pays doctors, Robert King reports.
  • “The panel’s Investigations and Oversight Subcommittee will hold a hearing next week to get an update on the 2015 Medicare Access and CHIP Reauthorization Act, which overhauled the formula used to pay doctors under Medicare, members confirmed.
  • “Doctors have complained that their Medicare payments are effectively being cut under the current system, fueling consolidation among doctors and hospitals.”
  • HR Dive informs us
    • Employers will have to wait at least a few more months for some long-awaited regulatory changes, the U.S. Department of Labor said Tuesday.
    • A proposal to increase the Fair Labor Standards Act’s overtime salary threshold previously expected in May has been pushed to August, DOL’s Wage and Hour Division indicated in its spring regulatory agenda.
    • A final rule expected from WHD, one that would likely tighten rules for classifying workers as independent contractors, was similarly delayed to August. Just days before the agency published its agenda, it also indicated in a court filing that it expects to have the independent contractor rule out soon — by October at the latest.

From the public health front –

  • Health Day points out
    • “Most women diagnosed with early breast cancer will become long-term survivors, according to new research that finds a substantial reduction in the risk of death since the 1990s.
    • “This news should reassure both patients and their doctors, researchers report June 13 in the BMJ.
    • “Our study is good news for the great majority of women diagnosed with early breast cancer today because their prognosis has improved so much,” said the authors, who included Dr. Carolyn Taylor, a professor of oncology at the University of Oxford in England. 
    • “Most of them can expect to become long-term cancer survivors,” they added in a journal news release.”
  • The National Institutes of Health announced
    • “Men were significantly more vulnerable than women to overdose deaths involving opioid and stimulant drugs in 2020-2021, according to a new study(link is external) analyzing death records data from across the United States. The study found that men had a 2–3 times greater rate of overdose mortality from opioids (like fentanyl and heroin) and psychostimulants (like methamphetamine and cocaine). While it has been known that men use drugs at higher rates than women, the researchers found that this alone does not explain the gap in overdose deaths, noting that biological, behavioral, and social factors likely combined to increase the mortality risk for men.
    • “The study, published in Neuropsychopharmacology, was led by investigators at the Icahn School of Medicine at Mount Sinai in New York City and the National Institute on Drug Abuse (NIDA), part of the National Institutes of Health.
    • “Though men and women are being exposed to the modern, fentanyl-contaminated drug supply, something is leading men to die at significantly higher rates. It may be that men use drugs more frequently or in greater doses, which could increase their risk of death, or there may be protective factors among women that reduce their risk of death compared to men,” said Nora Volkow, M.D., director of NIDA and one of the co-authors on the study. “Understanding the biological, behavioral, and social factors that impact drug use and our bodies’ responses is critical to developing tailored tools to protect people from fatal overdose and other harms of drug use.”
  • NFC relates,
    • “Over the past 12 months, roughly half (45%) of American workers reported spending between $500 and $6,000 on mental health services, with nearly one-third (32%) saying they spent more than $1,501. This comes at a time when 95% of workers report they are concerned about the economic situation in the US, and financial worries are adding to their stress and burnout.
    • “Despite rising employee stress, fewer than 6% of employers say they spend more than $500 on mental health per employee, and 72% do not plan to add additional mental health support in the year ahead.
    • “These are among the findings from leading benefits consultant NFP’s 2023 US Benefits Trend Report.”
  • Bloomberg reports on chemotherapy drug shortages facing our country.

In conference news, AHIP reports on the final day of its conference while Healthcare Dive discusses the actions taken at the AMA House of Delegates meeting. Beckers Hospital Review reports on Kaiser Permanente CEO Greg Adams’ keynote speech at the AHIP conference.

From the U.S. healthcare business front —

  • Beckers Hospital Review tells us
    • “A data visualizer shows the ten most similar hospitals to any one benchmark hospital, challenging traditional, ordinal rank lists in a time of great volatility for hospitals. 
    • “SimilarityIndex | Hospitals comes from Trilliant Health, which created the tool so health economy stakeholders can learn how similar a selected benchmark hospital is to — or different from — highly regarded U.S. hospitals. 
    • “Becker’s took the ten top-ranked hospitals from the latest U.S. News and World Report’s Honor Roll to find their five most similar aggregate peers. Their similarity scores are listed [in the article].” 
  • BioPharma Dive reports
    • “Coherus BioSciences has batted back a legal challenge from AbbVie weeks before it plans to launch a much cheaper version of the latter company’s best-selling rheumatoid arthritis drug Humira.
    • “The latest dispute began after Coherus on June 1 announced plans to sell its biosimilar, dubbed Yusimry, at an 85% discount to Humira and work with Mark Cuban’s online pharmacy to provide it to other patients for even less starting in July. On June 6, Coherus received a notice from AbbVie saying that the plans violated a licensing agreement between the two companies.
    • “After a round of correspondence and dueling court filings, the companies resolved the dispute on Wednesday. AbbVie won’t terminate the license agreement based on its June 6 notice and agreed not to try to terminate the license in the future unless it both notifies Coherus of an alleged breach and also gives the company a chance to fix the problem, Coherus said in a regulatory filing.”
  • KFF reports
    • “A new report has provided the first national count of Americans who rely on health care sharing plans — arrangements through which people agree to pay one another’s medical bills — and the number is higher than previously realized.
    • “The report from the Colorado Division of Insurance found that more than 1.7 million Americans rely on sharing plans and that many of the plans require members to ask for charity care before submitting their bills.
    • “The total membership numbers are likely even higher. The state agency collected data from 16 sharing plans across the U.S. but identified five other plans that did not report their data.
    • “These plans cover more people than we had previously known,” said JoAnn Volk, co-director of the Center on Health Insurance Reforms at Georgetown University.
    • “Under the arrangements, members, who usually share some religious beliefs, agree to send money each month to cover other members’ health care bills. At least 11 of the sharing plans that reported data operated in or advertised plans in all 50 states in 2021.”
  • The Washington Post reports on consumer concerns about employer-sponsored and public health plans.
    • “By the numbers:
    • “About 26 percent said that a doctor covered by their insurance didn’t have any available appointments. One-third of Medicaid enrollees reported having such an issue.
    • “Roughly 18 percent of those surveyed indicated their insurance didn’t pay for care they thought was covered. That complaint was more common among those with employer-sponsored health insurance and Obamacare plans.
    • “Nearly 3 in 4 insured adults who have received mental health treatment in the past year report experiencing a problem with their insurance.”