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Hall Render’s This Week in Washington – September 13, 2013

Posted on September 13, 2013 in Federal Advocacy

Written by: John Williams

 House Releases Plan to Extend Federal Funding to December 15

On September 10, the House Appropriations Committee released the text of a stopgap funding bill that would extend this year’s spending level for federal programs through December 15. The extension would give Congress time to work out a larger fiscal package before the end of the year.

House Republican leaders have been considering a plan to pass a resolution that would withdraw funding for implementation of the Affordable Care Act (“ACA”) alongside the fiscal 2014 Continuing Resolution (“CR”) and require the Senate to vote on that as a condition of taking the larger CR. While the Senate could tie the two issues together, failure to do so suggests a contentious fight on the debt limit, which is set to expire sometime this fall.

If passed, the CR would take effect October 1, 2013, the start of the 2014 fiscal year. Even in the event that Congress doesn’t pass a CR by the start of the new fiscal year, it should be noted that the CR covers discretionary government spending. The vast majority of the ACA funding and implementation is done through mandatory spending.

House Passes Subsidy Verification Bill

On September 12, the House passed a bill requiring the HHS Inspector General to certify to Congress that there’s a way to verify that applicants are eligible for insurance subsidies before the subsidies are paid out. The bill was sponsored by Rep. Diane Black. Five Democrats voted with Republicans for the legislation.

The bill stems from a July HHS rule allowing the 16 state-run exchanges to award tax credits in 2014 even if applicants’ income can’t yet be verified. That rule doesn’t apply to the 34 exchanges being fully or partially run by the federal government.

The White House has said President Obama would veto the bill were it to reach his desk for signature. The Senate is unlikely to take up the legislation.

Final SGR Bill Unlikely by Early Fall

The Senate Finance and House Ways and Means committees continue to develop draft bills to replace the Sustainable Growth Rate (“SGR”) formula. While the House Energy and Commerce Committee unanimously passed an SGR bill before the August recess, the legislation did not include offsets to pay for the bill. Paying for the legislation is a more partisan issue, which some believe is holding up the House Ways and Means and Senate Finance committees from releasing a bill.

PCORI Approves More than $110 Million in New Research

On September 10, the board of the Patient Centered Outcomes Research Institute (“PCORI”) voted to fund 71 projects with $114 million over 3 years.

The research project awards include studies of treatments for costly and prevalent conditions, such as heart disease, chronic pain, cancers, obesity, diabetes, kidney disease, autism, respiratory disorders and mental health conditions. Other studies examine ways to support patient and family caregiver decision making and to reduce health disparities.

PCORI was created by the ACA and is governed by a 21-member Board of Governors. The Board represents a range of perspectives and collective expertise in clinical health services research.

Bills Introduced This Week

S. 1493:  Sen. Cardin (D-MD) introduced a bill to amend title XVIII of the Social Security Act to encourage the use of dispensing techniques that foster efficiency and reduce wasteful dispensing of outpatient prescription drugs in long-term care facilities.

S. 1488:  Sen. Coats (R-IN) introduced legislation that would delay the application of the ACA’s individual and employer mandates until January 1, 2015. The one year delay mirrors House legislation offered by Rep. Todd Young (R-IN), which passed the House in July.

H.R. 3077:  Rep. Nunes (R-CA) introduced a bill that would amend title XVIII of the Social Security Act to permit certain Medicare providers licensed in a state to provide telemedicine services to certain Medicare beneficiaries in a different state.

Next Week in Washington

The House and Senate will also continue debate on raising the federal debt limit and funding the government for fiscal year 2014.

On September 18, Gary Cohen, director for the Center for Consumer Information and Insurance Oversight, will testify before the House Energy and Commerce Oversight and Investigations Subcommittee about how prepared his agency is for enrollment in the insurance exchanges, which open October 1.

For more information, please contact John F. Williams, III at 317-977-1462 or jwilliams@hallrender.com.

Please visit the Hall Render Blog at http://blogs.hallrender.com for more information on topics related to health care law.