Legislative Activity

This Week’s Hearings:

  • Tuesday, July 30: The Senate Budget Committee will hold a hearing on “Containing Health Care Costs: Recent Progress and Remaining Challenges.”
  • Wednesday, July 31: The House Committee on Energy and Commerce will mark up H.R. 2810, the sustainable growth rate and Medicare payment for physicians reform bill.
  • Wednesday, July 31: The House Committee on Oversight and Government Reform will hold a hearing on “Oversight of IRS’s Legal Basis for Expanding ObamaCare’s Taxes and Subsidies.”
  • Wednesday, July 31: The Senate Committee on Commerce, Science and Transportation will hold a hearing on “Energy Drinks and Marketing to Youth.”
  • Wednesday, July 31: The Senate Committee on Environment and Public Works will hold a hearing on “Strengthening Public Health Protections by Addressing Toxic Chemical Threats.”
  • Thursday, August 1: The House Committee on Energy and Commerce will hold a hearing on “PPACA Pulse Check.”
  • Thursday, August 1: The House Committee on Foreign Affairs Subcommittee on Africa, Global Human Rights, and International Organizations will hold a hearing on “The Impact of U.S. Water Programs on Global Health.”
  • Thursday, August 1: The House Committee on Ways and Means will hold a hearing on the “Status of the Affordable Care Act Implementation.”

Executive Branch Activity

CMS FY 2012 DSH Allotments; State Allotments for Medicare Part B QIs

The Centers for Medicare & Medicaid Services (CMS) released a notice announcing “the final federal share disproportionate share hospital (DSH) allotments for federal fiscal year (FY) 2012 and the preliminary federal share DSH allotments for FY 2013. This notice also announces the final FY 2012 and the preliminary FY 2013 limits on aggregate DSH payments that states may make to institutions for mental diseases (IMDs) and other mental health facilities. This notice also includes background information describing the methodology for determining the amounts of states’ FY DSH allotments and IMD DSH limits.” It is effective on August 26. CMS also released a notice that “sets forth the States’ final allotments available to pay the Medicare Part B premiums for Qualifying Individuals (QIs) for the Federal fiscal year (FY) 2012 and the preliminary QI allotments for FY 2013. The amounts of these QI allotments were determined in accordance with the methodology set forth in regulations and reflect funding for the QI program made available under recent legislation.”

Orphan Drug Rule

The Health Resources and Services Administration (HRSA) released the Exclusion of Orphan Drugs for Certain Covered Entities under 340B Program Final Rule. According to the notice, “HHS is issuing this final rule to clarify how section 340B(e) of the Public Health Service Act (PHSA) will be implemented. The final rule applies section 340B(e) of the PHSA only to drugs transferred, prescribed, sold, or otherwise used for the rare condition or disease for which the orphan drug was designated under section 526 of the Federal Food, Drug, and Cosmetic Act (FFDCA). The final rule also sets forth that it is the responsibility of the 340B covered entity to maintain auditable records that demonstrate compliance with the terms of the orphan drug exclusion requirements. This rule will provide clarity in the marketplace, maintain the 340B savings for newly-eligible covered entities, and protect the financial incentives for manufacturing orphan drugs designated for a rare disease or condition as indicated in the Affordable Care Act and intended by Congress.”