The following is the latest health policy news from the federal government for March 28 through April 3.  Some of the language used below is taken directly from government documents.

Congress – Reconciliation

Yesterday, Senate Republicans released their new budget resolution as they try to create a single budget resolution that can pass the House and Senate – a necessary step before the chambers can pass a reconciliation bill.  The new resolution includes the following instructions:

  • The Senate Finance Committee can increase the deficit no more than $1.5 trillion over 10 years.  This assumes use of the “current policy baseline” so Congress can extend the 2017 tax cuts at no cost.  The Senate parliamentarian has not yet ruled whether using the current policy baseline adheres to the Senate’s reconciliation rules; if she does not, or the Senate fails to overrule her, extending the 2017 tax cuts is expected to increase the cost of the package by $4.5 trillion.
  • The Senate Health, Education, Labor and Pensions (HELP) Committee should reduce the deficit by no less than $1 billion over 10 years.
  • The resolution can increase the debt limit by no more than $5 trillion and should be targeted to extend the debt limit through the 2026 mid-term elections.
  • Maintain the House budget resolution’s instructions to committees, including that the Energy and Commerce Committee find $880 billion in cuts.
  • Find at least $2 trillion in spending cuts.

Senate Majority Leader John Thune (R-SD) intends for the Senate to adopt the new budget resolution this week so the House can adopt the same resolution next week, before the Easter/Passover recess.  If both chambers agree to pass this budget resolution, Republicans will still have to overcome significant disagreements over the sources and size of spending cuts to pass legislation.  Under the proposed Senate budget resolution, committees will be required to submit their policy work to the respective budget committees by May 9.  Republican leaders continue to seek to achieve Speaker Mike Johnson’s goal of passing a final reconciliation bill by Memorial Day.

Find the text of the Senate’s new budget resolution here.

The Courts

A federal court in Texas has concluded that the FDA does not have the authority to regulate laboratory-developed tests and has vacated a 2024 regulation giving the agency that authority.  Find the court’s final judgment here.

Centers for Medicare & Medicaid Services
  • CMS has requested comment on proposed refinements to the Quality Rating System (QRS) and Qualified Health Plan (QHP) Enrollee Survey included in the “Draft 2025 Call Letter for the Quality Rating System and the Qualified Health Plan Enrollee Experience Survey.”  The draft call letter presents proposed changes to the QRS and QHP enrollee survey and requests comments on these proposed refinements.  Learn more about what CMS seeks and find a link to the draft call letter and survey from this CMS bulletin.  The deadline for submitting comments is April 30.
  • CMS has approved the following state plan amendments for Medicaid and CHIP programs.
    • To Oregon, revising the state’s tribal consultation policy.
    • To Maine, updating the payment methodology for certain rehabilitative services.
    • To Maine, another update of its payment methodology for certain rehabilitative services.
    • To Maine, another update of its payment methodology for certain rehabilitative services.
    • To Hawaii, updating the fee schedule for services provided by the state’s Child and Adolescent Mental Health Division and modifying the rehabilitative services language for peer support services.
    • To Hawaii, updating language concerning non-discrimination.
    • To New Mexico, updating the alternative benefit plan to add chiropractic services.
    • To Utah, changing provider qualifications for rehabilitative services.
    • , implementing the state’s triennial budget-neutral inpatient hospital rebase and DRG weight recalibration due to a state legislative mandate.
    • To Pennsylvania, implementing an alternative payment methodology for Federally Qualified Health Centers and Rural Health Clinics for a supplemental payment at the Medical Assistance program fee schedule rate for a long-acting reversible contraceptive device and its insertion, or the removal of that device, in addition to payment for an encounter.
    • To Illinois, updating rates for physician, free-standing birth center, Early and Periodic Screening Diagnostic, and Treatment (EPSDT), and dental services.
    • To New Hampshire, authorizing the quarterly nursing home supplemental payment, also known as MQIP, for dates of service in the quarter ending December 30, 2024.
    • To Virginia, removing selected provider appeals language from the Virginia state Medicaid plan.
HHS Newsletters, Reports, and Videos
  • CMS – MLN Connects – March 27
  • AHRQ News Now – March 25
  • HRSA eNews – March 20
  • HRSA – Office for the Advancement of Telehealth – Announcements – March 25
Justice Department

The Justice Department has established an Anticompetitive Regulations Task Force “… to advocate for the elimination of anticompetitive state and federal laws and regulations that undermine free market competition and harm consumers, workers, and businesses.”  The task force will seek information from the public “… about laws and regulations that make it more difficult for businesses to compete effectively, especially in markets that have the greatest impact on American households…,” including housing, transportation, food and agriculture, health care, and energy.  In addition to reviewing responses from the public, the task force will bring together attorneys, economists, and other staff from across the Justice Department and, together with interagency partners, seek to identify state and federal laws and regulations they believe harm competition.  The Justice Department’s antitrust division “…will then take appropriate action, including helping agencies revise or eliminate these regulations.”  As part of its endeavors, the task force invites public comment about laws and regulations people believe are anticompetitive.  Learn more about the task force and its work and how to submit comments from this Justice Department news release and the Anticompetitive Regulations Task force web page.  The deadline for submitting comments is May 26.

Medicaid and CHIP Payment and Access Commission (MACPAC)

MACPAC has published a report on school-based health centers and behavioral health care for students enrolled in Medicaid.  Find that report here.

Congressional Research Service

The Congressional Research Service has updated its periodic report on Medicaid’s federal Medical Assistance percentage (FMAP).  The updated report notes that reducing current FMAP rates is among the options currently being discussed by policymakers as a way of reducing federal spending.  Find the report here.

Stakeholder Events

CMS – AHEAD Medicare Fee-for-Service Hospital Global Budget Methodology Overview – April 8

CMS will host a webinar to review the States Advancing All-Payer Health Equity Approaches and Development (AHEAD) Model’s Medicare fee-for-service hospital global budget methodology – specifically, enhancements reflected in the forthcoming version 3.0 hospital global budget methodology financial specifications – on Tuesday, April 8 at 2:00 (eastern).  Learn more about the subjects the webinar will address, how to submit questions, and how to register to participate from this CMS notice.

MACPAC – Commissioners Meeting – April 10-11

MACPAC’s commissioners will hold their next public meeting virtually on Thursday, April 10 and Friday, April 11.  Go here to register to participate.

MedPAC – Commissioners Meeting – April 10-11

MedPAC’s commissioners will hold their next public meeting virtually on Thursday, April 10 and Friday, April 11.  An agenda and registration information are not yet available but when they are they will be posted here.