Senate and House Work to Combat the Opioid Crisis
On June 13, Energy and Commerce Committee Chairman Greg Walden (R-OR), Ways and Means Committee Chairman Kevin Brady (R-TX), Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) and Ways and Means Committee Ranking Member Richard Neal (D-MA) introduced H.R. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act. This will serve as the underlying vehicle for the majority of House-passed bills to combat the opioid crisis to move over to the Senate.
The Senate Finance Committee unanimously approved its legislation to address the opioid crisis on June 12. The Helping to End Addiction and Lessen Substance Abuse Disorders Act consists of 22 individual bills that committee members introduced to improve Medicare’s and Medicaid’s responses to the crisis. The legislation would require Medicare and Medicaid to provide beneficiaries with better management, prevention, education and treatment options for pain and addiction. Also, the bill boosts Medicare’s telehealth reimbursement for opioid treatment. It also improves tracking of opioid prescriptions under Medicare Part D and improves data used to evaluate treatments for the opioid use disorder. This bill requires doctors to screen Medicare patients for prescription painkiller misuse and abuse during annual wellness visits.
The House of Representatives passed a group of 25 bills related to the opioid crisis, part of a broader legislative package to be approved later this month. Goals of the legislation include reducing the number of prescription opioids in circulation, increasing access to addiction treatment and cracking down on fentanyl coming into the U.S. through the mail.
Pro-340B Legislation Introduced This Week
Rep. Doris Matsui (D-CA) introduced a bill in support of the 340B program. Under the Stretching Entity Resources for Vulnerable Communities Act, the HHS secretary must audit 340B providers and drug manufacturers. The bill would force disclosure of drug pricing information publicly by drug manufacturers. The bill also would reverse a January cut to 340B hospitals’ Medicare payments for their outpatient drug purchases. Additionally, the program would be expanded to address opioid treatment. Her legislation will clarify 340B intent, which currently is not in federal law.
Senate Judiciary Advances CREATES Act
On June 14, the Senate Judiciary Committee voted 16-5 to advance the Creating and Restoring Equal Access to Equivalent Samples (“CREATES”) Act. The CREATES Act enables generic drug companies to obtain samples of certain brand name drugs in order to create knockoffs. The path to a floor vote on the bill remains unclear. According to Congressional Budget Office estimates, the legislation would save $3.8 billion over a decade through greater availability of lower-cost generics and biosimilar drugs.
Health-Related Bills Introduced This Week
Rep. Jackie Walorski (R-IN) introduced H.R. 6110 to amend Title XVIII of the Social Security Act to provide for the review and adjustment of payments under the Medicare outpatient prospective payment system to avoid financial incentives to use opioids instead of non-opioid alternative treatments.
Sen. Doug Jones (D-AL) introduced S.3059 to require the Medicaid and CHIP Payment and Access Commission to publish an annual report on the estimated impact in each state of the Medicaid expansion added by the Patient Protection and Affordable Care Act, including the estimated impact that adopting such expansion would have in states that have not expanded their Medicaid coverage.
Sen. John Barrasso (R-WY) introduced S.3063 to delay the reimposition of the annual fee on health insurance providers until after 2020.
Sen. Debbie Stabenow (D-MI) introduced S. 3053 to amend Title XXI of the Social Security Act to ensure access to mental health and substance use disorder services for children and pregnant women under the Children’s Health Insurance Program.
Sen. David Perdue (R-GA) introduced S.3054 to amend Title XVIII of the Social Security Act to create alternative sanctions for technical noncompliance with the Stark rule under Medicare.
Next Week in Washington
Congress is back for a full legislative work week. On Tuesday, the Senate HELP Committee holds a hearing on Effective Administration of the 340B Drug Pricing Program. The panel will include Health Resources and Services Administration personnel. The hearing with be the Senate health committee’s third on the program and the first where HRSA will testify. Senate HELP Chairman Lamar Alexander (R-TN) stated, “I look forward to hearing directly from HRSA if they need more oversight authority in order to make sure that the 340B is adequately serving patients.”
The House will continue voting on opioid measures next week. On Wednesday, the Senate HELP Committee holds a markup of several bills and nominations. The bills include S. 3029, the Prematurity Research Expansion and Education for Mothers who Deliver Infants Early Reauthorization Act of 2018; S. 1112, the Maternal Health Accountability Act of 2017; S. 808, the Sports Licensure Medical Clarity Act of 2017; and S. 3039, the Using Data to Help Protect Children and Families Act. HRSA will host a three-day international summit on maternal mortality. Speakers at the summit will include Doris Chou from the World Health Organization and U.S. Surgeon General Jerome Adams.
This Week in Washington in History
1898: 120 years ago this week, the U.S. House of Representatives approves the annexation of Hawaii.
1775: 243 years ago this week, George Washington is named Commander-in-Chief by Congress.
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