Taking stock of the last 100 days — Democrats urge Biden to keep to health policy promises — Hospital groups prep lobbying blitz against ‘surprise’ billing rules

From: POLITICO Pulse - Monday Apr 26,2021 02:05 pm
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By Sarah Owermohle and Adam Cancryn

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With Alice Miranda Ollstein and Susannah Luthi

Quick Fix

This week will mark President Joe Biden’s first 100 days in office, but progressives in his party fear his health agenda is still TBD.

— Democrats are urging him to take on health reforms, like expanding Medicare and formalizing Obamacare subsidies, in his Covid recovery plan.

— As federal regulators prepare to implement a ban on “surprise” medical bills, health care industry groups are readying a lobbying onslaught.

WELCOME TO MONDAY PULSE — H/t to the ghost of Pulses past, former host Dan Diamond, for sending us this good read. Send tips to sowermohle@politico.com and Adam at acancryn@politico.com.

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Driving the Day

TAKING STOCK OF BIDEN’S FIRST 100 DAYS Biden assumed office during a winter coronavirus surge that saw thousands of positive tests a day and an alarming uptick in deaths, an early sign of the spread of newer Covid variants. He promised in January to have 100 million shots in arms by today, doubled that goal in March and soundly beat it last week.

But it has not all been smooth sailing on the health care front. A refresher:

What has happened: Biden exceeded Covid-19 vaccination goals and was able to repeatedly move up his deadline for shots to be broadly available to every U.S. adult. On April 19, eligibility opened up nationwide for all adults, putting Biden’s summer deadline for widespread vaccination within reach.

He’s also signed a multitrillion-dollar relief package infusing funds into state vaccination and public health efforts, alongside a host of policies aimed at reenergizing the economy.

What hasn’t happened: Spiking numbers of unaccompanied migrant children at the border show no sign of abating and have ignited a blame game within the administration. Some senior officials have grown frustrated with HHS Secretary Xavier Becerra, accusing him of a sluggish response.

The president also struggled to get GOP governors to maintain or reinstate public health measures such as mask mandates, even as extra-virulent variants continued to spread.

Cabinet vacancies: Biden still has not named a nominee to lead the Food and Drug Administration, delaying his choice an increasingly unusual length of time amid the ongoing pandemic and as the agency faces massive decisions about Covid-19 vaccines and therapies.

One more thing: The president has yet to lay out a broader health care vision or his goals for expanding coverage, lowering drug costs and bolstering public health programs. It’s possible the White House has simply been prioritizing the pandemic and the influx of migrants. But pressure is mounting on Biden regardless, from lawmakers (more on that below) and state officials alike. We’ll be watching Biden’s congressional address this week for signs of what’s to come.

COVID CRISIS IN INDIA WORSENS — A brutal new surge of coronavirus infections is tearing through India, depleting the country’s supply of oxygen and causing patients to die before they can make it to a hospital bed, the Associated Press reported this weekend.

India on Sunday set a global daily record for new infections , for the fourth straight day. New and highly infectious strains and India’s already stretched medical system have combined to disastrous effect: The county reported nearly 350,000 new cases this weekend, bringing India’s total to more than 16.9 million — behind only the U.S.’ total case count.

U.S. officials are promising to send aid. Biden’s national security adviser, Jake Sullivan, tweeted Sunday that the country is “deploying more supplies and resources” to India.

"Just as India sent assistance to the United States as our hospitals were strained early in the pandemic, we are determined to help India in its time of need,” Biden added in his own tweet.

And yet — there are questions about what supplies, exactly, the Biden administration will be sending. Millions of AstraZeneca vaccines are currently stockpiled but unused in the U.S., leading lawmakers such as Reps. Raja Krishnamoorthi (D-Ill.) and Ro Khanna (D-Calif.) to call on Biden to release millions of doses to India.

DEMOCRATS TO BIDEN: DON’T ABANDON HEALTH PROMISES — Democrats on and off Capitol Hill are escalating their public pressure campaign ahead of a Wednesday speech where Biden will outline his “human infrastructure” plan, our Alice Miranda Ollstein and Susannah Luthi report.

As reports and rumors circulated that the White House is abandoning any substantive push on health care in the forthcoming plan:

— House Speaker Nancy Pelosi led House Democrats in throwing down the gauntlet, reintroducing their sweeping drug price reform bill, introduced last year as H.R. 3, and demanding it be included in the infrastructure package.

— Advocacy groups, like Public Citizen and the Center for Popular Democracy, met with Biden’s Domestic Policy Council on Friday to push the White House to include provisions to lower the Medicare eligibility age to 50 and adding dental, vision and hearing benefits, and came away without a firm commitment. Vermont Independent Sen. Bernie Sanders over the weekend led a group of 17 senators in demanding the same.

— Meanwhile, Democrats in both chambers are instead focusing on the next package make temporary Obamacare subsidies approved in Biden’s Covid relief bill permanent. They warn that failing to do so will mean premiums shoot up right around the midterm elections that could strip Democrats of their unified control of government.

Sources close to the negotiations say Biden’s hesitation stems from his desire not to jeopardize the chance to get other major Democratic priorities passed — bills on taxes, infrastructure, child care and more — by wading into a divisive health care battle that could split the Democratic caucus and draw stiff opposition from industry forces.

 

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ANOTHER LOBBYING BLITZ ON ‘SURPRISE’ HOSPITAL BILLS — Remember the lobbying onslaught from the health care industry that nearly stopped Congress from passing a nationwide ban on “surprise” medical bills? We do too — and there’s another one coming, as the same powerful groups race to sway federal agencies tasked with making the new law work, Susannah writes.

Federal officials will need to resolve an array of legal issues in the coming months, with the law’s first major deadline approaching in July and without key Biden political appointees in place to make the hard calls. They must figure out how to ensure patients don’t unknowingly sign away their new protections, monitor providers and punish those who violate the ban and establish a process for settling disputes, among other considerations. The ban is due to take effect next year.

— The pressure is on : The final version of the legislation left considerable leeway on questions about payment and the resolution process if insurers and providers can’t agree on what insurers owe for an out-of-network bill. Not only is that a big victory for the medical industry, but it also means the Biden administration is left with the task of filling in many of the details.

“Parts of the bill are very vague. So depending on decisions made by [the administration], the surprise billing ban could be a blessing to patients — or it could be disastrously expensive," said James Gelfand, a lobbyist for the ERISA Industry Committee, which represents large employers.

 

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Around the Nation

CALIFORNIA COULD OPEN FIRST-IN-NATION SAFE INJECTION SITESThe state could become the first place in the U.S. where people can inject drugs under medical supervision without fear of arrest, our Victoria Colliver writes.

The concept of so-called safe injection sites has taken hold overseas, but it has not yet broken through in the United States. Preliminary federal data released this month shows more than 87,000 Americans died of overdose deaths in the 12 months ending in September — more than any since the opioid crisis began in the 1990s.

State lawmakers have debated the idea each year since 2016, and it’s become a recurring struggle between progressive lawmakers, who say these sites will save lives, and moderate Democrats and Republicans, who warn they would normalize hard drug use.

The latest such proposal is quickly advancing in the California Legislature and stands a strong chance of landing on Democratic Gov. Gavin Newsom's desk. That could force him into a difficult choice: While Newsom has said he’s "very, very open" to the concept, he faces a likely recall election in November, and signing the bill could leave him vulnerable to accusations that he supported the state-sanctioned use of illegal drugs like heroin.

Names in the News

Miriam Delphin-Rittmon is Biden’s nominee for HHS assistant secretary for mental health and substance use. She is currently Connecticut’s commissioner for mental health and addiction services.

Claire McAndrew is Waxman Strategies’ new vice president for health practices. McAndrew previously worked as director of campaigns and partnerships for Families USA. Zara Day also joins Waxman as a senior director. She worked before as an associate policy director at Planned Parenthood.

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What We're Reading

Public health officials have weathered a year of threats and harassment amid public frustration and conspiracy theories about the pandemic, writes Kaiser Health News’ Anna Maria Barry-Jester.

What happens during India’s coronavirus surge has implications for the region and the world — and it is time for the U.S. to step up aid, Brown University’s Ashish Jha writes in the Washington Post.

The Johnson & Johnson vaccine pause demonstrates that the U.S. government and others should boost production of proven technologies like those used in the vaccines made by Pfizer and Moderna, write Tom Bollyky, Jennifer Nuzzo, and Joshua Sharfstein in Foreign Affairs.

 

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