This analysis was prepared by McDermott+ Consulting, on behalf of AACOM.
On December 5, 2023, the House Energy and Commerce Committee held a markup to consider and advance 19 pieces of healthcare legislation.
Purpose
The purpose of the markup was to consider and advance 42 bills, 19 of which encompassed healthcare, that address issues on reliable American energy, healthcare costs, consumer protections, and national security. This summary will only highlight the 19 health-related bills.
Members Present
Chairwoman Rodgers, Ranking Member Pallone, Representatives Burgess, Latta, Guthrie, Griffith, Bilirakis, Johnson, Bucshon, Hudson, Walberg, Carter, Duncan, Palmer, Dunn, Curtis, Lesko, Pence, Crenshaw, Joyce, Armstrong, Weber, Allen, Balderson, Fulcher, Pfluger, Harshbarger, Miller-Meeks, Cammack, Obernolte, Eshoo, DeGette, Schakowsky, Matsui, Castor, Sarbanes, Tonko, Clarke, Cardenas, Ruiz, Peters, Dingell, Veasey, Kuster, Kelly, Barragan, Rochester, Soto, McGarvey, Craig, Schrier, Trahan, and Fletcher.
Key Takeaways
All of the bills were advanced out of the full committee. Summaries of each bill can be found in the committee’s markup memo, and are set forth in our full summary below. The 19 bills include:
- H.R. 2365, National Plan to End Parkinson’s Act
- Advanced by a vote of 47-0.
- H.R. 5372, Expanding Seniors’ Access to Lower Cost Medicines Act of 2023
- Advanced by a vote of 48-0.
- H.R. 2880, Protecting Patients Against PBM Abuses Act
- Advanced by a vote of 46-0.
- H.R. 5393, To amend title XVIII of the Social Security Act to ensure fair assessment of pharmacy performance and quality under Medicare part D, and for other purposes
- Advanced by a vote of 44-0.
- H.R. 5385, Medicare PBM Accountability Act
- Advanced by a vote of 44-0.
- H.R. 5386, Cutting Copays Act
- Advanced by a vote of 41-1. Rep. Lesko (R-AZ) voted against the bill.
- H.R. 4881, To amend title XVIII of the Social Security Act to limit cost sharing for drugs under the Medicare program.
- Advanced by a vote of 45-0.
- H.R. 5389, National Coverage Determination Transparency Act
- Advanced by a vote of 46-0.
- H.R. 133, Mandating Exclusive Review of Individual Treatments (MERIT) Act
- Advanced by a vote of 42-0.
- H.R. 5396, Coverage Determination Clarity Act of 2023
- Advanced by a vote of 44-0.
- H.R. 5371, Choices for Increased Mobility Act of 2023
- Advanced by a vote of 41-0.
- H.R. 5388, Supporting Innovation for Seniors Act
- Advanced by a vote of 43-0.
- H.R. 5380, To amend title XVIII of the Social Security Act to increase data transparency for supplemental benefits under Medicare Advantage.
- Advanced by a vote of 43-0.
- H.R. 3842, Expanding Access to Diabetes Self-Management Training Act of 2023
- Advanced by a vote of 44-0.
- H.R. 5397, Joe Fiandra Access to Home Infusion Act of 2023
- Advanced by a vote of 46-0.
- H.R. 5555, DMEPOS Relief Act of 2023
- Advanced by a voice vote.
- H.R. 6545, Physician Fee Schedule Update and Improvements Act
- Advanced by a vote of 46-0.
- H.R. 6364, Medicare Telehealth Privacy Act of 2023
- Advanced by a vote of 44-0.
- H.R. 1352, Increasing Access to Biosimilars Act of 2023
- Advanced by a vote of 44-0.
Opening Statements
Chairwoman Rodgers (R-WA) highlighted solutions that have been passed through this committee such as broadband permitting reform and the Lower Costs, More Transparency Act to drive down healthcare costs. She emphasized the importance of abundant and reliable energy during the cold winter months. Additionally, she discussed promoting innovation while ensuring safety of products that Americans use every day. She emphasized that America spends the most on healthcare when compared to other countries, despite the declining of American life expectancy. She noted reporting solutions to make Americans healthier and better equipped to make healthcare decisions. She hopes all of the bills are moved forward in this markup.
Ranking Member Pallone (D-NJ) expressed support for bipartisan healthcare bills that will extend critical programs that provide payments to doctors and ensure access to healthcare for Medicare beneficiaries. He noted the consideration of legislation to improve transparency with the Center for Medicare and Medicaid Services’ (CMS) pathways to evaluate coverage for new technologies and treatments in the Medicare programs as well as the Medicare Advantage (MA) benefit program. He commended the House Republicans for making several changes towards these solutions to address Democratic concerns. He expressed support for legislation that increases transparency in Medicare Part D while ensuring pharmacy benefit managers (PBMs) are truly proving a service to Part D enrollees. He stated that H.R. 4881 needs more work before consideration. He supported H.R. 2365, to ensure Parkinson’s research is representative and inclusive. Also, he noted he is happy to consider the Cutting Copays Act to deliver savings to patients while improving the use of generic drugs. He does not support policies that cause an increase in out-of-pocket costs for Medicare beneficiaries and policies that CMS are not able to implement.
Technical Summary of H.R. 2365, National Plan to End Parkinson’s Act
Rep. Bilirakis (R-FL) and 9 original cosponsors introduced H.R. 2365 on March 29, 2023. This legislation requires the Department of Health and Human Services (HHS) to carry out a project to prevent and cure Parkinson's disease. This bill would require HHS to implement and periodically update a national plan to coordinate and guide efforts to prevent, slow the progression of, and cure the disease, and improve diagnosis, treatment, and care of those with the disease. HHS must also annually assess the preparations for and response to the increased burden of Parkinson's disease.
Discussion of H.R. 2365
The AINS was offered by Rep. Bilirakis (R-FL). He noted this no cost legislation will unite public and private sectors to work towards ending Parkinson’s Disease.
Rep. Tonko (D-NY) expressed support for this legislation. He noted that this legislation will work to shine a light on this disorder.
Ranking Member Pallone (D-NJ) expressed support for minority and underpenetrated groups being included in the advisory council.
Votes on H.R. 2365
The AINS was adopted by voice vote.
Vote on H.R. 2365 was recorded at 47 yeas and 0 nays.
Technical Summary of H.R. 5372, Expanding Seniors’ Access to Lower Cost Medicines Act of 2023
Rep. Joyce (R-PA) and one cosponsor introduced H.R. 5372 on September 8, 2023. This legislation would encourage greater patient access to biosimilar products by allowing for mid-year changes in insurance plan formularies for certain biosimilar products starting in 2025.
Discussion of H.R. 5372
Rep. Joyce (R-PA) offered the AINS and offered his support for expanding senior access to biosimilar products by allowing Medicare Part D changes. He emphasized the cost battle American seniors currently face. This legislation will drive costs down and produce savings for Medicare beneficiaries. He noted that costs of prescription drugs are of most concern for American seniors.
Rep. Peters (D-CA) introduced this legislation and noted it would improve access to biosimilar drugs for seniors. He emphasized this legislation will ensure improved access to biosimilar, cheaper drug options.
Ranking Member Pallone (D-NJ) commended the legislation’s aim to strengthen the biosimilar marketplace. He noted that CMS proposed a similar regulation that will promote biosimilar formularies. He discussed this legislation must be refined before floor consideration to align with CMS’ proposed rule. He supported the AINS and the legislation.
Votes on H.R. 5372
The AINS was adopted by voice vote.
H.R. 5372 was advanced by 48 yeas and 0 nays.
Technical Summary of H.R. 2880, Protecting Patients Against PBM Abuses Act
Rep. Carter (R-GA) introduced H.R. 2880 with 11 cosponsors on April 26, 2023. This legislation would establish new requirements for PBMs under Medicare Part D, including a policy to de-link PBM compensation from the cost of medications, while also prohibiting the use of spread pricing in which a PBM charges a sponsor a different amount for the drug’s ingredient cost or dispensing fee than the amount the PBM reimburses the pharmacy for such ingredient cost or dispensing fee. The legislation also prohibits PBMs from compensating a network pharmacy less than affiliated pharmacies and includes transparency provisions related to the PBM rebates and administrative fees.
Discussion of H.R. 2880
The AINS was offered by Rep. Carter (R-GA). This legislation will protect seniors from harmful PBM practices. He raised concern for Part D beneficiaries paying more for highly rebated drugs in the program. This legislation would only allow PBMs profit based on transparency of the products their customers would pay for. He noted this will save $200 million in federal spending, according to a CBO estimate.
Chairwoman Rodgers (R-WA) commended this legislation and agreed that more needs to be done. This committee has worked hard to reverse consolidation across the board.
Rep. Blunt Rochester (D-DE) expressed support for this bill and called on the committee to continue raining down on PBMs. She emphasized the importance of pharmacies and how accessible they are to American citizens. She expressed concern for pharmacies closing down for unfair reimbursements. She hoped the committee continues to take action to retain pharmacies’ accessibility.
Rep. Palmer (R-AL) expressed thanks to the committee for their work and yielded time to Rep. Carter. Rep Carter expressed great concern for the PBMs’ actions to drive costs of healthcare and decreasing access to pharmacies in rural communities. He commends banning spread pricing and patient steering.
Chairwoman Rodgers expressed support for moving forward with revisions.
Rep. Bucshon (R-IN) agreed that patient steering and spread pricing needs to be banned.
Rep. Kuster (D-NH) commended the Inflation Reduction Act (IRA) that requires drug companies to pay a rebate to Medicare if they raise prices higher than inflation. She commends the committee for working in this space.
Rep. Johnson (R-OH) was pleased to see commitments to working on these challenges. He expressed worry for the narrowed focus on PBMs and stated this issue should be looked into across multiple directions. He expressed support for the bill.
Rep. Miller-Meeks (R-IA) expressed support for this legislation. She believed this will eliminate misaligned linkages that contribute to rising costs of prescription drugs. She noted this is a great first step, but these reforms must be enacted with private insurance as well.
Rep. Allen (R-GA) expressed worry for rebates going to PBM profits. He commended this legislation and encouraged his colleagues to vote for this bill. He emphasized there is still more to do.
Votes on H.R. 2880
The AINS was adopted with a voice vote.
Vote on H.R. 2880 was recorded at 46 yeas and 0 nays.
Technical Summary of H.R. 5393, To amend title XVIII of the Social Security Act to ensure fair assessment of pharmacy performance and quality under Medicare part D, and for other purposes
Rep. Griffith (R-VA) introduced H.R. 5393 on September 12, 2023, with one cosponsor. This legislation would standardize pharmacy performance measures in the Medicare Part D program that assess network pharmacy performance by requiring that prescription drug plans (PDPs) only use pharmacy performance measures that are established by the Secretary of the Department of Health and Human Services (HHS) and are relevant to a particular pharmacy. The legislation would require an HHS Office of the Inspector General (OIG) report studying the implementation of these performance measures. The legislation would also establish a process by which PDPs provide their network pharmacies with comprehensive information about pricing prescription drug claims.
Discussion of H.R. 5393
Rep. Griffith (R-VA) introduced this legislation for CMS to create standard quality metrics for pharmacy payments. He notes that quality measures and fees are not always transparent. These fees have contributed to increasing healthcare costs and decreasing pharmacy reimbursement. He expressed worry for these fees leading to pharmacy closings in rural areas. He is encouraged with CMS’ rule for direct and indirect remuneration (DIR) fees to be assessed at the point of sale and monitoring the effect on patients.
Rep. Carter (R-GA) introduced this legislation with Rep. Griffith. He is encouraged to continue working with this committee to improve pharmacy reimbursement. He emphasized that PBMs are putting pharmacies out of business and reducing patient access to care.
Votes on H.R. 5393
Vote on H.R. 5393 was recorded at 44 yeas and 0 nays.
Technical Summary of H.R. 5385, Medicare PBM Accountability Act
Rep. Landsman (D-OH) introduced H.R. 5385 with one cosponsor on September 12, 2023. This legislation would create enhanced PBM reporting requirements, including annual reporting of drug pricing and other information to the Secretary of HHS including information about Part D drugs, drug dispensing, drug costs and pricing, generic and biosimilar formulary placement, PBM affiliates, financial arrangements with consultants, and potential PBM conflicts of interest. The information submitted would not be publicly disclosed except in limited circumstances. The legislation would stipulate an audits and enforcement process by which PDPs can audit their PBM for compliance.
Discussion of H.R. 5385
Rep. Harshbarger (R-TN) expressed support for this legislation. She noted that this legislation will require PBMs to be transparent about prices.
Rep. Dingell (D-MI) offered the AINS. She emphasized the role PBMs play in rising costs for seniors.
Votes on H.R. 5385
The AINS was adopted by a voice vote.
H.R. 5385 was advanced by 44 yeas and 0 nays.
Technical Summary of H.R. 5386, Cutting Copays Act
Rep. McGarvey (D-KY) introduced H.R. 5386 with one cosponsor on September 12, 2023. This legislation would clarify Medicare Part D cost-sharing for generic drugs for low-income patients in the Low-Income Subsidy (LIS) program by setting generic drug copays at $0.
Discussion of H.R. 5386
The AINS was offered by Ranking Member Pallone (D-NJ). He noted this bill is a victory for low-income beneficiaries. This bill allows low-income seniors to afford their prescription drugs.
Rep. Bilirakis (R-FL) expressed support for the AINS and noted his legislation will save taxpayer dollars by improving access to biosimilar drug prescriptions.
Votes on H.R. 5386
The AINS was adopted with a voice vote.
Vote H.R. 5386 was recorded at 41 yeas and 1 nay.
Rep. Lesko voted nay
Technical Summary of H.R. 4881, To amend title XVIII of the Social Security Act to limit cost sharing for drugs under the Medicare program.
Rep. Malliotakis (R-NY) introduced H.R. 4881 with one cosponsor on July 25, 2023. This legislation would limit patient cost-sharing for drugs under Medicare Part D starting in 2027 by providing that patients would not be required to pay more than the insurance company is paying for highly rebated drugs once all the discounts are accounted for.
Discussion of H.R. 4881
Rep. Carter (R-GA) commended this legislation to protect patients from unfair PBM practices.
Rep. Harshbarger (R-TN) offered the Harshbarger Amendment.
Rep. Pallone (D-NJ) expressed support for this legislation and ensuring cost-sharing is no more than the price. He expressed support for the amendment and noted that the legislation needs to be closely overseen and implemented as intended. CMS needs the tools to carry out this legislation.
Chairwoman Rodgers (R-WA) commits to working through the technical edits to implement this legislation.
Rep. Griffith (R-VA) expressed that insurance companies should not charge patients more for a medication than they pay. He emphasized continuing to address this issue.
Votes on H.R. 4881
Harshbarger Amendment was adopted with a voice vote.
- Harshbarger Amendment makes technical changes to this legislation.
Vote on H.R. 4881 was recorded at 45 yeas and 0 nays.
Technical Summary of H.R. 5389, National Coverage Determination Transparency Act
Rep. Guthrie (R-KY) introduced H.R. 5389 with one cosponsor on September 12, 2023. This legislation would require the Secretary of HHS to determine whether a request for a National Coverage Determination (NCD) is complete within 30 days of receiving the request. The bill would also allow the Secretary to work directly with the entity who submitted the request to update and resubmit the request if the Secretary finds that the application is incomplete. Additionally, the Secretary would be required to make all complete NCD applications publicly available on CMS’s website. Finally, the bill would clarify that the timeline for making an NCD begins on the date the Secretary receives an NCD application.
Discussion of H.R. 5389
The AINS was offered by Rep. Guthrie (R-KY). He noted this legislation will require CMS to respond within a certain time on National Coverage Determinations.
Votes on H.R. 5389
The AINS was adopted by voice vote.
Vote on H.R. 5389 was recorded at 46 yeas and 0 nays.
Technical Summary of H.R. 133, Mandating Exclusive Review of Individual Treatments (MERIT) Act
Rep. Buchanan (R-FL) introduced H.R. 133 with 6 cosponsors on January 9, 2023. This legislation would clarify that NCDs for drugs and biologics under the Medicare program must be made with respect to each drug or biologic, not with respect to a class of drugs or of biologics.
Discussion of H.R. 133
The AINS was offered by Rep. Barragan (D-CA). She highlighted that many patients face the barrier of long wait times for Alzheimer’s disease drugs and this legislation will improve access to these treatments.
Votes on H.R. 133
The AINS was adopted by voice vote.
Vote on H.R. 133 was recorded at 42 yeas and 0 nays.
Technical Summary of H.R. 5396, Coverage Determination Clarity Act of 2023
Rep. Bucshon (R-IN) introduced H.R. 5396 with one cosponsor on September 12, 2023. This legislation would prohibit Local Coverage Determinations (LCDs) from being more restrictive than existing NCDs and require the Secretary of HHS to review LCDs annually to ensure they are consistent with existing NCDs.
Discussion of H.R. 5396
The AINS was offered by Rep. Bucshon (R-IN). He looked forward to continuing work with CMS on National Coverage Determination (NCD) processes.
Votes on H.R. 5396
The AINS was adopted by voice vote.
Vote on H.R. 5396 was recorded at 44 yeas and 0 nays.
Technical Summary of H.R. 5371, Choices for Increased Mobility Act of 2023
Rep. Joyce (R-PA) introduced H.R. 5371 with three cosponsors on September 8, 2023. This legislation would clarify payment rules for manual wheelchairs under Medicare Part B to specify that coverage of manual wheelchairs does not include expenses associated with the use of titanium or carbon fiber materials to construct the base of a wheelchair, allowing, patients with Medicare Part B to pay out-of-pocket for wheelchair upgrades if they so choose.
Discussion of H.R. 5371
The AINS was offered by Rep Joyce (R-PA). He noted this will establish a new medical code for wheelchairs, allowing Medicare beneficiaries to make a choice between titanium and carbon wheelchairs.
Votes on H.R. 5371
The AINS was adopted by voice vote.
Vote on H.R. 5371 was recorded at 41 yeas and 0 nays.
Technical Summary of H.R. 5388, Supporting Innovation for Seniors Act
Rep. Balderson (R-OH) introduced H.R. 5388 with one cosponsor on September 12, 2023. This legislation would expand a flexibility offered through the Medicare Advantage Value-Based Insurance Design (VBID) Model to allow all Medicare Advantage plans to increase access to innovative medical devices and technologies using their existing supplemental benefit funds.
Discussion of H.R. 5388
The AINS was offered by Rep. Balderson (R-OH). He noted this will increase access to remote monitoring and lower costs. This bill allows all Medicare Advantage (MA) plans to offer targeting interventions for high-risk patients.
Votes on H.R. 5388
The AINS was adopted by voice vote.
Vote on H.R. 5388 was recorded at 43 yeas and 0 nays.
Technical Summary of H.R. 5380, To amend title XVIII of the Social Security Act to increase data transparency for supplemental benefits under Medicare Advantage
Rep. Sarbanes (D-MD) introduced H.R. 5380 with no cosponsors on September 8, 2023. This legislation would require enrollee-level utilization reporting of supplemental benefits by Medicare Advantage plans.
Discussion of H.R. 5380
The AINS was offered by Rep. Sarbanes (D-MD). He noted this bill will ensure better clarity of supplemental benefits for Medicare Advantage (MA) plans. Policymakers and patient will have access to publicly reported data.
Votes on H.R. 5380
The AINS was adopted by voice vote.
Vote on H.R. 5380 was recorded at 43 yeas and 0 nays.
Technical Summary of H.R. 3842, Expanding Access to Diabetes Self-Management Training Act of 2023
Rep. Schrier (D-WA) introduced H.R. 3842 with 14 cosponsors on June 6, 2023. This legislation would expand coverage for diabetes outpatient self-management training services and remove patient cost-sharing and deductible requirements under Medicare Part B. The legislation would also require the Center for Medicare and Medicaid Innovation (CMMI) to test a model covering virtual diabetes outpatient self-management training services.
Discussion of H.R. 3842
The AINS was offered by Rep. Schier (D-WA). This bill expands access to life-saving diabetes self-management.
Rep. Ruiz (D-CA) commended this legislation.
Rep. Bilirakis (R-FL) highlighted that diabetes is one of the most expensive chronic diseases in the U.S. He expressed support for this bill and noted that self-management tools, such as Diabetes Self-Management Training (DSMT), reduces spending.
Rep. Bucshon (R-IN) expressed support for this legislation.
Votes on H.R. 3842
The AINS was adopted by voice vote.
Vote on H.R. 3842 was recorded at 44 yeas and 0 nays.
Technical Summary of H.R. 5397, Joe Fiandra Access to Home Infusion Act of 2023
Rep. Fitzpatrick (R-PA) introduced H.R. 5397 with five cosponsors on September 12, 2023. This legislation would codify a proposed CMS DME policy that clarifies coverage of an external infusion pump under the Medicare DME benefit by clarifying the definition of external infusion pumps as “appropriate for use in the home” for individuals who are unable to self-administer drugs that meet certain criteria.
Discussion of H.R. 5397
Rep. Dingell (D-MI) highlighted the importance of home infusion. She expressed concern with CMS’ decision to only allow reimbursement when a nurse is present in the home during treatment. She urged the committee to continue working on this issue to receive adequate pay for treatment in their own homes.
The AINS was offered by Rep. Carter (R-GA). He supported ensuring increased access to home infusions without a nurse being present.
Rep. Soto (D-FL) supported the AINS and the legislation.
Votes on H.R. 5397
The AINS was adopted by voice vote.
Vote on H.R. 5397 was recorded at 46 yeas and 0 nays.
Technical Summary of H.R. 5555, DMEPOS Relief Act of 2023
Rep. Miller-Meeks (R-IA) introduced H.R. 5555 with 15 cosponsors on September 19, 2023. This legislation would require HHS to provide certain adjustments to Medicare payment for items of durable medical equipment that were formerly included in round 2021 of the Durable Medical Equipment, Prosthetics/Orthotics and Supplies (DMEPOS) competitive bidding program.
Discussion of H.R. 5555
The AINS was offered by Rep. Miller-Meeks. She noted that the reduction in DMEPOS payments has reduced access for patients. She stated that patients will lose access to DMEPOS without support of this bill.
Ranking Member Pallone (D-NJ) emphasized that extending this temporary relief program will increase costs for patients. He expressed support for H.R. 5360, which will extend programs like the State Health Insurance Program (SHIP) to assist Medicare beneficiaries to enroll in benefits. He noted that a large group of stakeholder support exists for H.R. 5360. He stated that Republicans cannot expect Democrats to support this bill.
Rep. Tonko (D-NY) agreed with Ranking Member Pallone that the SHIP program should be extended.
Votes on H.R. 5555
The AINS was adopted by voice vote.
Vote on H.R. 5555 was adopted by a voice vote.
Technical Summary of H.R. 6545, physician fee schedule Update and improvements act
Rep. Miller-Meeks (R-IA) introduced H.R. 6545 with nine original cosponsors on December 1, 2023. This bill would extend for one year a policy to increase the work geographic index to 1.00 for any locality where the index would be less than 1.00, which is otherwise set to expire January 1, 2024. It would also increase the Medicare physician fee schedule conversion factor from 1.25% to 3% for calendar year 2024 and extend incentive payments for participation in eligible alternative payment models (APMs) for one year and tiers the size of the bonus according to how long a provider has participated in an APM to better account for increased upfront costs of APM participation.
Discussion of H.R. 6545
Rep. Burgess (R-TX) expressed support for this bill. He emphasized that the budget neutrality threshold needs to be updated.
Rep. Kelly (D-IL) expressed support for this bill. She highlighted that the current situation is not adequate for patients and physicians.
Rep. Miller-Meeks offered the AINS. She stated the conversion factor is changed from 3% to 2.5% in the AINS to conform the text with the Senate. She stated that Medicare and Medicaid do not pay doctors enough and that this is the first step toward fair reimbursement rates.
Ranking Member Pallone (D-NJ) expressed support for this bill and emphasized the importance of provisions that increase bonuses for providers participating in value-based models.
Rep. Bucshon (R-IN) expressed disappointment in the conversion factor cut in the AINS. He spoke about how payments to hospitals and facilities have increased, while provider payments have stayed the same for years, which has led to a large increase of health administrators without a similar increase of doctors.
Rep. Cardenas (D-CA) expressed support for this bill. He highlighted the positive impacts this will have on physician burnout.
Rep. Joyce (R-PA) expressed support for this bill. He spoke about the negative impact reimbursement cuts have on the rural workforce shortage.
Rep. Ruiz (D-CA) expressed support for this bill. He highlighted the need for a permanent solution and touted his bill, HR 2474.
Rep. Schrier (D-WA) expressed support for this bill. She emphasized the importance of fair reimbursement and stated that reimbursement rates directly impact patient access to quality care.
Votes on H.R. 6545
The AINS was adopted by voice vote.
Vote on H.R. 6545 was recorded at 46 yeas, 0 nays.
Technical Summary of H.R. 6364, Medicare Telehealth Privacy Act of 2023
Rep. Balderson (R-OH) introduced H.R. 6364 with four cosponsors on November 13, 2023. This bill would prohibit the Secretary of HHS from making a physician's or practitioner’s address of residence publicly available if they elect to provide telehealth services from that address.
Discussion of H.R. 6364
Rep. Balderson offered the AINS. He spoke in support of his bill and the importance of physician privacy.
Votes on H.R. 6364
The AINS was adopted by voice vote.
Vote on H.R. 6364 was recorded at 44 yeas, 0 nays.
Technical Summary of H.R. 1352, Increasing Access to Biosimilars Act of 2023
Rep. Hudson (R-NC) introduced H.R. 1352 on March 3, 2023. This bill requires CMS to establish a demonstration project to evaluate the benefits of providing additional payments to providers of biosimilars under Medicare. Specifically, under the demonstration project, participating providers receive an additional payment based on the difference between the costs to the provider of furnishing the biosimilar and the cost if the provider had furnished the underlying reference biological product instead.
Discussion of H.R. 1352
Rep. Hudson offered the AINS, which he said includes language to ensure budget neutrality. He highlighted that the bill saves money and increases patient access.
Ranking Member Pallone offered Cardenas Amendment 02. He spoke in support of his amendment, which extends a temporary policy by 5 years. He stated that this policy sets the Medicare payment for biosimilars at 8% above the average sales price.
Rep. Cardenas (D-CA) spoke in support of Cardenas Amendment 02.
Rep. Hudson (R-NC) spoke in support of Cardenas Amendment 02.
Rep. Eshoo (D-CA) spoke in support of Cardenas Amendment 02.
Votes on H.R. 1352
Cardenas Amendment 02 adopted by voice vote.
- Cardenas Amendment 02 extends the Medicare biosimilar payment at 8% above the average sales price for an additional 5 years.
The AINS was adopted by voice vote.
Vote on H.R. 1352 was recorded at 44 yeas, 0 nays