Health Center Leaders Meet with Members of Congress
This week, as part of the National Association of Community Health Centers (NACHC) annual Policy & Issues Forum, OKPCA and community health center leaders met with members of Oklahoma's congressional delegation (pictured below).
Sen. Inhofe, Rep. Cole, Rep. Mullin, Rep. Lucas, and Rep. Bice joined Zoom calls-the conference went virtual this year-to discuss 340B, workforce, health center funding, telehealth, and other issues affecting health center patients. Sen. Lankford's legislative assistant also participated in a meeting with health center leaders.
Reps. Lucas and Mullin agreed to sign on to the Dear Colleague letter supporting health center appropriations. Rep. Cole, the ranking member on the Labor, Health and Human Services committee to which the letter is addressed, reiterated his support for health centers, saying, "I've always thought of [the health center program] as a really good investment for us to be making at a federal level. It really stretches the dollar."
Congressman Mullin (pictured above) agreed to sign on to the CONNECT for Health Act, a bill on telehealth, when it is reintroduced to this Congress.
Congressman Lucas (pictured above) reissued his thanks for health centers serving hard-working rural Oklahomans in his district.
Congressman Cole (pictured above) said that health centers' response to COVID-19 had demonstrated that the investment in health centers over the years "has paid off not just for Oklahoma but the country and the globe."
Congresswoman Bice (pictured above) joined health center leaders from a Capitol phone booth to introduce herself to her new constituents between votes.
CMS Increases Medicare Reimbursement for COVID-19 Vaccine Administration
On Monday, the Centers for Medicare and Medicaid Services
announced it is increasing Medicare COVID-19 vaccine reimbursement rates effective March 15, 2021. For services provided on or after March 15, 2021, Medicare will reimburse providers $40 for the administration of single-dose vaccines and $40 for each dose for vaccines requiring multiple doses. This is an increase from the payment for services rendered before 3/15-$28.39 for a single-dose vaccine or for a final dose and $16.94 for an initial dose in a vaccine requiring multiple doses.
Court Rules in Favor of Drug Manufacturer in Hospital 340B Lawsuit
On Tuesday, there was an important and disappointing development today in the ongoing effort to compel drug makers to ship 340B-priced drugs to contract pharmacies. The District Court of the Southern District of Indiana issued a preliminary injunction blocking HHS from "implementing or enforcing" the Administrative Dispute Resolution (ADR) regulation against drug maker Eli Lilly until HRSA goes through the full regulatory notice-and-comment process from scratch.
The court ruled that HRSA failed to comply with the procedural requirements outlined in the Administrative Procedures Act (APA) when promulgating the final ADR rule it originally published in 2016 and ultimately withdrew before re-submitting it in 2020. Community health centers have been counting on the ADR process to drug companies that have restricted sales of 340B drugs to contract pharmacies. More updates will be provided as the situation develops.
Biden Administration Rescinds Trump-era Public Charge Regulation
Last Thursday, the Department of Homeland Security (DHS)
formally rescinded the Public Charge regulation issued in 2019. Normally, rescinding a final rule that has already gone into effect would require the agency to go through the full notice-and-comment process. However, the Biden Administration told an appeals court last week that it would not defend the Trump-era regulation, which led the court to dismiss the case and allowed a judge's nationwide injunction of the rule to go into effect. Because of the court's action, DHS can simply rescind the regulation, rather than going through notice-and-comment. DHS is reverting back to its 1999 guidance, meaning that ICE officials can no longer consider a person's actual (or potential) use of Medicaid, SNAP, Federal housing supports, or other factors when determining whether they will receive a Green Card.
Nonetheless, litigation over the Trump-era regulation is not necessarily over. Last Wednesday, twelve states filed a motion to intervene in a public charge case at the Ninth Circuit. It is unclear what the impact would be if a court ruled in favor of the states.
Supreme Court Cancels Medicaid Work Requirements Hearing
Last Thursday, the Supreme Court announced that it will no longer hear oral arguments this month on an appeal over the controversial Medicaid work requirements program in New Hampshire and Arkansas. This week, the Centers of Medicare and Medicaid Services sent letters to Arkansas and New Hampshire officials to inform them that the Biden administration was formally unwinding the federal government's permission for states to mandate work requirements in the Medicaid population. Legal experts say the Supreme Court's move likely means the case won't be heard this term and possibly may not be heard at all.