WHITE HOUSE:

The White House focused this week on new Executive Order directing the SEC to provide more oversight on foreign-owned proxy advisors, signing a whole slew of Congressional bills, and hosting the third AI education task force meeting. One item of interest:

·      After being rumored for a while, the President signed a new Executive Order that establishes a “National Policy Framework” for AI. The EO directs several federal agencies to look for ways to preempt state laws that regulate AI by withholding federal funding for broadband from those states that have AI laws. In theory, the EO will hopefully lead to a more robust national framework that would avoid a patchwork of 50 separate states laws governing AI. Nevertheless, states are expected to move forward with AI regulation.

CONGRESS:

After a pair of failed votes in the Senate on 2 different Republican and Democrat healthcare bills, it looks like the ACA subsidies will expire at the end of the year. Late Friday night, the House introduced a new healthcare bill (PDF) that includes several Republican ideas to lower healthcare costs, but doesn’t extend the subsidies. The GOP-led House will put forth a vote on extending the subsidies to give political cover to their Members, but it’s expected to fail. With time winding down before the end of the year, and healthcare premiums likely to rise, it’s anyone’s guess what happens next. Elsewhere in the political world:

·      Congresswoman Nancy Mace (R – SC) penned an op-ed that highlighted many of the challenges that exist in legislating in the modern Congress. It comes as Republican political infighting gathers steamand conservatives grow frustrated with Leadership.

·      Round and round the redistricting merry go round we go. Indiana again failed to pass a new redistricting map, despite a strong pressure campaign from the President. With no immediately obvious redistricting targets on the horizon, this could be the end of the redistricting wars, at least for now. As it currently stands, Republicans are likely to gain several seats.

·      Democrats continue to perform well in special elections, leading to optimism as the midterms get closerand they refine their messaging.

·       An unexpected name joined the Senate Democratic primary in Texas: Congresswoman Jasmine Crockett, a development that’s making Republicans happy.

·      3 useful CRS reports from the week:

o   IG10090: a guide for Congressional offices on the Medicare Part D drug negotiation program.

o   R48755: now that work requirements are coming to Medicaid, a comparison of work requirements for the SNAP and Medicaid programs.

o   R48290: an updated guide to the ACA subsidies that are at the heart of the healthcare issues facing Congress.

AGENCIES:

As mentioned last week, the 855a provider revalidation deadline is suspended indefinitely. The official guidance has been updated. You can download a copy here (PDF).

CMS released new guidance for states on how to implement the Medicaid work requirements. You can download a copy here (PDF). 

CMS updated their list of state CMP balances (PDF). McKnight’s has a good rundown of the challenges that exist with the program.

The National Science Foundation announced the “Tech Labs” initiative, a new grant program designed to create a more nimble research and development environment. The full RFI is here.

FROM THE NOTEBOOK:

·      Good news out of North Carolina, where the announced Medicaid cuts were restored.  The formal notice from the state is here while the Governor’s announcement is here.

·      The state of Texas sued Epic for monopolizing health records. While the impetus for the suit is parental rights, the ramifications of the suit can potentially extend to all EHR companies.

·      A new study found that Medicaid payments for SNF’s only cover about 82 cents on the dollar for the cost of care. McKnight’s has a good summary.  

·      A study in JAMA found that 1 out of every 6 SNF residents end up spending down their assets to qualify for Medicaid.

·      Louisiana is ending their contact with United Healthcare, as part of their broader push to bring down drug prices.

·      West Virginia is the latest state to sue United and their PBM, Optum.

·      20 states joined forces to sue the Trump Administration for the new H1B plan. The lawsuit can be found here (PDF).

·      A new tracker from Manatt keeps an eye on the AI health laws passed at the state level. The tracker is from before the latest EO on AI.