There will be no digest next Monday, February 26^th. The digest will return Monday March 4^th.

WHITE HOUSE:

The White House focused this week on fighting human trafficking, launching their fourth “Investing in America” tour, and continuing their work on advancing federal equity efforts. Two items of indirect interest to us:

• They highlighted the Administration’s efforts to lower energy costs via the Inflation Reduction Act, including the creation of a “Taxpayer Resource Hub” from the Treasury Department to help consumers identify available incentives. The Environmental Protection Agency launched a new “Home Improvement Savings” page to assist consumer in identifying federal benefits for home energy products. As these are programs that many of your residents and employees can benefit from, they may appreciate hearing about it from you.

• They held a gathering of business groups to discuss the Small Business Administration’s (SBA)’s expansion of the federal Small Business Investment Company (SBIC) program that makes available federal investment dollars via private equity funds that work directly with small businesses. The program is one of the more successful public-private partnerships. You can find out more information about SBIC and becoming a funding partner at the SBIC page here.

CONGRESS:

The ongoing theme in Congress continues to be the bitter divide roiling the GOP right now. As the infighting drags on with no clear path through the political intrigue, the new Speaker continues to lose support from the rank & file. With the failure to move the Senate’s foreign aid bill and a delay in dealing with a surveillance bill, there isn’t a lot of optimism in DC now about the upcoming fight for federal funding. Despite some progress on the edges (a potential agreement on SNAP benefits is in the works), the GOP is wistfully recalling former Speaker McCarthy’s ability to keep the conference aligned. With both the House & Senate gone next week, and a scheduled return only 3 days before the first funding bill runs out, things are not looking great in DC. Elsewhere in the political world:

• The House Ways & Means Committee held a hearing with IRS Commissioner Danny Werfel. For our purposes, there was a conversation centered specifically on the ERC, delays in approval of existing claims, and the fact that the program will be ending early should the new bipartisan tax legislation get passed. The Hill has a good summary of the hearing and the practical implications.

• Democrats flipped a seat in the House when Rep Tom Suozzi won a special election to replace George Santos. The win further narrowed the GOP’s majority to 2 seats and only adds to the heat on Speaker Johnson. Politico has a summary of the win and what it means in an election year.

• We discussed a SALT (state and local taxes) relief amendment that Republicans in high-tax states were hoping to pass. The bill got caught up in the GOP infighting and didn’t move out of committee.

• One relevant CRS report from the week: A guide on cybersecurity and digital health information. You can download a copy here (PDF).

AGENCIES:

HHS and the FTC jointly issued a Request for Information (RFI), asking the public for comments to better understand the role that GPO’s play in drug shortages. HHS’ notice is here. The FTC’s notice is here. You can download a copy of the RFI here (PDF). Comments can be submitted here through April 15^th. Ultimately, comments can form the basis of new federal policy targeting drug shortages.

CMS issued a second draft guidance on the Medicare payment plan provisions contained in the Inflation Reduction Act. You can download a copy of the guidance and fact sheet (both links are to the PDF). This guidance covers education and outreach requirements for Medicare part D beneficiaries.

The OIG at HHS released an audit on telehealth providers compliance with Medicare requirements related to evaluation and management services, finding that by and large, providers complied. The full report is here and the report in brief is here (both PDF).

In the latest “it’s about time” for a federal agency, CMS issued a new QSO (for hospitals) about how to incorporate texting into patient care. You can access the QSO here (PDF).

We’ve mentioned the multiple lawsuits that have been filed by pharmaceutical manufacturers against the new power that Medicare has to negotiate drug pricing. A federal judge dismissed one of the suits this week

On the non-agency front:

• Iowa became the latest state to attempt to tackle regulatory and survey reform with the introduction of a new bill (based on a similar Michigan bill from 2021 that was enacted into law) to build a more collaborative survey environment and generate better outcomes. You can download a copy of the bill here (PDF). It’s still an uphill battle through the Legislature, but it’s a good first step. The Iowa Capitol Dispatch has a good summary.

• Indiana introduced new legislation to tackle the state’s nursing workforce shortage. It’s always refreshing to see states try to grow the workforce and develop new licensure practices to better recruit folks to the field.

• The Kaiser Family Foundation did a deep dive into the numbers underlying the unwinding, what it means for state Medicaid programs, and the interplay between the federal match and state funding of the programs. For our purposes, it’s a potential sign of the upcoming budgetary challenges to Medicaid funding.

• In the past, we mentioned California’s elimination of asset testing to qualify for Medi-Cal eligibility. The LA Times has a summary of the new rules and what they mean for beneficiaries.

• Axios did a deep dive into a recent McKinsey analysis that found insurance companies are actively seeking patients with more complex health needs, a trend that is particularly relevant to seniors.

• McKnight’s has a good look at how Arizona is working to improve the public’s perception of SNF’s.

• USA Today looked at what different states are doing to rein in prior authorization requirements.

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