Hall Render's The Week in Washington - March 16, 2020

President Trump Issues Federal Emergency Declaration

President Trump issued a federal emergency declaration on Friday, freeing up $50 billion in additional funding to help combat the virus. The president’s declaration will give the Department of Health and Human Services (“HHS”) the authority to waive certain regulations and laws in an effort to deliver care and increase the amount of testing available nationwide.

The announcement allows states to seek new flexibility in their Medicaid programs through Section 1135 waiver applications to CMS. For example, this makes it easier for states to expand the use of telehealth services in their Medicaid programs to battle the virus outbreak. Hospitals and health systems can also use this waiver process to provide services in alternative settings, among other items. Most of the latest information from CMS, including answers to frequently asked questions about the waiver process, can be found here.

House Reaches Deal on Second COVID-19 Emergency Aid Package While Senate Stays to Negotiate

On Saturday, March 14, the House passed a sweeping legislative package responding to the COVID-19 pandemic. H.R. 6201, the Families First Coronavirus Response Act, provides paid sick leave and free coronavirus testing, expands food assistance and unemployment benefits and requires employers to provide additional protections for health care workers. Medicaid funding will be increased under this measure. It also would require insurers, Medicare, Medicaid and other federal health programs to fully cover testing and related services for the virus. The legislation has extensive measures relating to emergency leave and sick leave for workers dealing with this pandemic.

Currently, the House’s version bill has not been sent to the Senate because the House leadership is working through corrections of the bill. It’s not entirely clear when the House will fix its bill or what will be included in the fix. The Senate canceled their recess to stay in session and continue addressing this matter. They are expected to vote on the House-passed bill to reauthorize the Foreign Intelligence Surveillance Act when Senators return to work this evening. After, the Senate will turn to the House-passed coronavirus package. Senate Majority Leader President Trump has already backed the House-passed deal as it was negotiated between House Speaker Nancy Pelosi and Treasury Secretary Steven Mnuchin.

Visit Hall Render’s COVID-19 Resource Center for all COVID-19 Resources.

Health-Related Bills Introduced Last Week

Rep. Michael Burgess (R-TX) introduced H.R. 6286 to amend the Internal Revenue Code of 1986 to modify rules relating to health savings accounts.

Rep. Raul Ruiz (D-CA) introduced H.R. 6283 to amend the Public Health Service Act to limit the liability of health care professionals who volunteer to provide health care services in response to a disaster.

Rep. Raul Ruiz (D-CA) introduced H.R. 6282 to establish a commission to assess, evaluate and address the dependence of the United States on medications, devices and medical equipment from foreign countries.

Rep. Bill Pascrell (D-NJ) introduced H.R. 6281 to codify and permanently extend the Medicare hospital wage index imputed rural floor. Sen. Robert Menendez (D-NJ) introduced the companion Senate measure, S.3500.

Rep. G.K. Butterfield (D-NC) introduced H.R. 6273 to amend Title XI of the Social Security Act to increase allotments under the Medicaid program for territories of the United States, to provide for a temporary increase in the federal medical assistance percentage for states under the Medicaid program.

Rep. John Sarbanes (D-MD) introduced H.R. 6263 to amend Title XVIII of the Social Security Act to waive cost-sharing under the Medicare program for certain visits relating to testing for COVID-19.

Rep. Eliot Engel (D-NY) introduced H.R. 6218 to amend Title XVIII of the Social Security Act to clarify congressional intent and preserve patient access to home infusion therapy under the Medicare program.

Sen. John Thune (R-SD) introduced S. 3447 to amend Title XVIII of the Social Security Act to establish a program to allow qualified group practices to furnish certain items and services at qualified skilled nursing facilities to individuals entitled to benefits under part A and enrolled under part B of the Medicare program to reduce unnecessary hospitalizations.

Sen. Kelly Loeffler (R-GA) introduced S. 3438 to reauthorize the telehealth network and telehealth resource centers grant programs.

The Week Ahead

House committees will be working through this week’s recess on a new bill meant to address the economic damage in this state of emergency, focusing on the airline, hospitality and entertainment industries. This is expected to be a sweeping legislative package with many health-related provisions. The Senate will continue to work through the COVID-19 legislative package.

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