Biden’s workplace vaccine mandate vanishes

From: POLITICO Pulse - Friday Jan 14,2022 03:02 pm
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Quick Fix

— The Supreme Court blocked federal vaccine-or-test requirements for large employers, taking away one of the administration’s central tactics to boost vaccinations.

— Congress is prepping for another round of Covid-19 funding, but first needs more direction from the White House.

— The CDC is blaming basic data entry mistakes for the accuracy issues with its Covid-19 vaccination data.

WELCOME TO FRIDAY PULSE — where we can think of quite a few people better suited for this notebook than Ashish Jha (but that said, we hope Dr. Jha’s version comes double spaced).

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Did you know more than half of every dollar spent on medicines goes to someone who doesn’t make them? There’s a long line of middlemen, like PBMs and insurers, collecting a significant portion of what you pay for medicine. The share of total spending for brand medicines received by the supply chain and other stakeholders increased from 33% in 2013 to 50.5% in 2020. Learn more.

 
Driving the Day

BIDEN’S VAX MANDATE VANISHES — In the middle of an Omicron surge that’s thrown the nation’s recovery into doubt and threatened to consume his presidency, Joe Biden just lost one of his biggest weapons against the pandemic.

The Supreme Court on Thursday blocked enforcement of Biden’s vaccine-or-test requirement for large businesses, all but wiping out a mandate aimed at persuading tens of millions of people to protect themselves against the coronavirus.

The 6-3 ruling fell along ideological lines, marking the latest setback for Democrats at the hands of the court’s conservative majority — and taking away the tool that Biden officials hoped would put a major dent in the country’s unvaccinated population.

“I am disappointed that the Supreme Court has chosen to block common-sense life-saving requirements,” Biden said in a statement, calling the vaccine-or-test rules “a very modest burden.”

That the decision comes amid a surge that’s straining hospitals and forcing school closures proved extra frustrating for the administration, where GOP-driven resistance and politicization of the shots has convinced many officials there’s vanishingly little chance at getting through to vaccine holdouts absent a mandate.

Indeed, Republicans quickly celebrated the decision as a blow to Biden’s agenda — including former President Donald Trump, who simultaneously blasted the vaccine requirements as “disastrous” and criticized Biden for not doing enough to end the pandemic.

There are some silver linings for Dems. States and employers can still impose their own vaccination policies. The Supreme Court’s ruling also kicks the issue back to an appeals court — though there’s little sign the justices would reverse their ruling if the case came back to them.

Biden’s vaccine mandate for health workers survived, though. The high court ruled 5-4 that the government can require providers to vaccinate their staffs or risk losing federal funding — a decision that hinged on HHS’ preexisting regulatory authority over the industry. That prompted cheers from health groups that have largely backed the sweeping federal mandate.

“Now more than ever, workers in all settings across the country need commonsense, evidence-based protections against COVID-19 infection,” the American Medical Association said.

GOP TO KEEP UP VAX MANDATE REPEAL PUSH — One thing the Supreme Court’s decision won’t stop: GOP efforts to eliminate the vaccine-or-test rule altogether through a floor vote, POLITICO’s Alice Miranda Ollstein reports.

Republicans led by Rep. Fred Keller (R-Pa.) vowed to keep working toward the 218 signatures needed to force a repeal vote in the Democrat-controlled House — arguing a legislative rebuke is more permanent than any relief the courts provide.

Every single House Republican has signed on already, meaning Keller needs only to peel off a handful of Democrats to trigger a vote.

There’s one big issue with the plan: Biden would almost assuredly veto the repeal bill if it got to his desk. But Keller contended the exercise would send a message and discourage the administration from pursuing similar measures in the future.

CONGRESS IN A HOLDING PATTERN ON COVID SUPPLEMENTALCapitol Hill is preparing to pour more money into the Covid-19 fight — but wants more direction from the White House before lawmakers start putting pen to paper, Alice reports.

The administration still must tell Congress exactly what additional funding is needed to combat the Omicron surge, according to a House Democratic aide. But movement could come in the next few weeks, especially since many hope the supplemental can be wrapped into a must-pass government spending bill that’s due by mid-February.

Any Covid-19 funding bill must be bipartisan, meaning it’s likely to be narrowly tailored to the current crisis for public health, schools and some businesses. So don’t expect other health priorities, such as stalled provisions boosting Obamacare subsidies and Medicaid coverage, to be included.

There’s also signs of trouble ahead. Some Republicans are warning they won’t support more Covid funding without clarity on how the trillions of dollars in aid approved last year have been spent. That group includes Rep. Cathy McMorris Rodgers (R-Wash.), the top GOP lawmaker on the House Energy and Commerce Committee.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 
Coronavirus

WHAT’S DRIVING THOSE CDC DATA ISSUES — As questions grow over the gaps and inaccuracies plaguing its Covid-19 vaccination data, the CDC is sticking to a simple explanation of the problem: plain old user error.

The agency’s systems rely heavily on states collecting and entering vaccine info and sending it to the federal government, which means basic data-entry mistakes made on the ground level end up reflected in the national numbers, CDC official LaTreace Harris told POLITICO’s Erin Banco.

For example: “When you’re actually administering a vaccination, you’re entering information —about that particular vaccination event, but you may not always capture the number of that dose,” said Harris, the deputy lead for data monitoring and reporting within CDC’s Covid-19 task force. “Sometimes it has to do with the different places where people are being vaccinated.”

Harris’ team spent the last couple years hammering out data-sharing agreements with states to ensure the CDC could access immunization records. Now, it’s trying to keep that data tidy — most recently, catching blips that showed states accidentally mixing doses and reporting artificially inflated numbers.

Small mistakes add up: The errors skewed the national vaccination picture, making it look like more Americans had received first doses than in reality. The inaccuracies make it more difficult to accurately evaluate the state of the pandemic, and have prompted scrutiny from Congress.

That problem will fall to Harris and her squad to improve – and one that public health groups have argued requires more funding to more quickly and accurately collect and process data coming in from varying sources across the country.

BIDEN ADMIN STRIKES HOME TEST DEAL — The administration late Thursday signed contracts with three diagnostics companies to supply 380 million over-the-counter Covid-19 test kits. The Defense Department — which ran the contracting process — said the tests will help fulfill Biden's pledge to make 500 million at-home tests available to the public for free.

 

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On the Hill

FIRST IN PULSE: HILL DEMS PUSH GLOBAL VAX BUILD-OUT — Congressional Democrats are pressuring the Biden administration to speed more doses to needy countries , arguing once again that the government has the power to force drug companies to share their vaccine formulas.

The seven Democrats led by Sen. Elizabeth Warren (D-Mass.) and Rep. Jan Schakowsky (D-Ill.) wrote Thursday that the administration “must mandate immediate transfer of mRNA vaccine technology” and create publicly owned manufacturing facilities to accelerate global production.

“Vaccine donations — the Administration’s current strategy for closing the vaccine gap— have been and will continue to be insufficient to meet enormous global demand,” the lawmakers wrote to White House Covid-19 response coordinator Jeff Zients and David Kessler, the chief scientific officer for the Covid-19 response.

The White House has long maintained it can’t legally compel vaccine makers to share certain details key to reproducing their vaccines because of the structure of their Trump-era contracts.

 

BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we’ve got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don’t miss out on this influential global community. Subscribe now.

 
 
Names in the News

Angela Ramirez is the new deputy chief of staff to HHS Secretary Xavier Becerra. Ramirez joins the department from the White House, where she was a special assistant to the president and House legislative liaison. She replaces Anne Reid, who left earlier this month, as PULSE first reported.

Ramirez — a former House staffer who knows Becerra from his time as a congressman — will lead front office operations and work with HHS’ comms and legislative teams. She’ll also oversee the department’s unaccompanied children program.

Biden nominated Patricia Neuman to serve on Medicare’s board of trustees . Neuman is a senior vice president at the Kaiser Family Foundation and executive director of KFF’s Program on Medicare Policy.

What We're Reading

A new JAMA study found U.S. insurers spent $2.5 million covering ivermectin prescriptions in a single week in August – an amount that would extrapolate to nearly $130 million annually — despite no evidence the drug is effective against Covid-19.

The state’s attorney for Baltimore City was indicted on federal charges that she lied about suffering financial hardship due to the pandemic to get access to money she used to buy a condo, The Baltimore Sun’s Justin Fenton, Tim Prudente and Lorraine Mirabella report.

Battered by the controversy over its Alzheimer’s drug, Aduhelm, drug company Biogen is searching for potential acquisitions, STAT News’ Damian Garde and Adam Feuerstein report.

 

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Did you know that PBMs, hospitals, the government, insurers, and others received a larger share of total spending on medicines than biopharmaceutical companies? That’s right, more than half of spending on brand medicines goes to someone who doesn’t make them. Let’s fix the system the right way and ensure more of the savings go to patients, not middlemen. Read the new report.

 
 

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