OSMA-Led Group Challenges Prohibition on School Mask Mandates
This week, the Oklahoma State Medical Association (OSMA) and a group of parents of Oklahoma public school students filed a lawsuit challenging the constitutionality of a state law prohibiting school districts from implementing mask mandates. "The Oklahoma State Medical Association is committed to better health for Oklahoma. It's even written into our mission statement," said OSMA President Dr. Mary Clarke. "With this in mind, we are glad to sign on to the lawsuit to vacate SB 658 and any action that prevents Oklahoma schools from enacting policies that could keep their students, teachers and staff safe and healthy. The science stands firmly behind vaccinations and masking as important tools in stopping the spread of COVID-19. As we are experiencing record numbers of children infected by the Delta variant and hospitals are stretched to capacity, we must do everything we can to keep Oklahoma's children safe." Both the Legislature and Governor Stitt are named in the lawsuit, which seeks a temporary injunction to prevent the law from being enforced and a permanent injunction once arguments are heard.
Legislators Collecting Signatures for Special Session on COVID-19 Issues
On Thursday, State Representative Sean Roberts (R-Hominy) shared on social media that lawmakers have begun collecting signatures to call a special session to address COVID-19 related issues. The special session would address a prohibition on workplace COVID-19 mandates; vaccine passports; and non-compliance with SB 658, the bill signed in May that prohibits school districts from implementing mask mandates.
To meet the constitutional requirements for the Legislature to call for a special session, sixty-eight representatives and 32 senators would need to sign on. Roberts indicated in his post that the proposed special session would convene August 30 at noon.
Biden Administration Recognizes National Health Center Week
President Joe Biden praised the work of health centers in the fight against COVID-19 in a White House Proclamation issued last week in advance of National Health Center Week 2021. President Biden said, “Today, health centers are one of the largest health care providers in the country and provide high-quality affordable, accessible, and value-based primary health care services to 29 million Americans each year—approximately 1 in 11 people across the country. They have also been a vital part of our Nation’s response to the COVID-19 pandemic. Over the course of National Health Center Week, we recognize the importance of federally-supported health centers and the role they play as a beacon of strength, service, and care in our communities.” Additionally, HHS Secretary Becerra released a video recognizing the critical role of community health centers in the fight against COVID-19 and thanking health centers for keeping communities healthy.
Senate Passes Infrastructure Bill and Budget Resolution
Before starting its recess this week, the Senate passed the $3.5 trillion partisan budget resolution, providing a framework for Senate committees to write reconciliation legislative language to enact policy priorities outlined in the framework. While community health centers, Teaching Health Center Graduate Medical Education (THCGME), and the National Health Service Corps (NHSC) were mentioned in the Senate HELP Committee resolution framework instructions, negotiations and healthcare priorities are in flux as Senate moderates look to reduce the top-line number of the reconciliation bill. Because of this, it is still important that health center advocates continue to make the case for health centers infrastructure funding to ensure inclusion in the package that is being drafted during the next several weeks.
The Senate also passed the bipartisan traditional infrastructure bill (H.R. 3684), the INVEST in America Act by a vote of 69-30. The bill provides over $550 billion in new infrastructure spending and now moves to the House. Speaker Pelosi (D-CA) is expected to wait to advance the infrastructure bill and partisan reconciliation bill at the same time when the House returns from recess on August 23, 2021
Merck 340B Change Exempts Health Centers
On Thursday, Merck—the nation’s fifth-largest drug manufacturer—announced that it will stop shipping 340B-priced drugs to contract pharmacies effective September 1, 2021, unless the 340B provider gives them data on all prescriptions filled with 340B drugs. Thankfully, the Merck letter states that Merck’s new restrictions on contract pharmacies do not apply to grantees (which includes community health centers) "at this time.” This exemption is a clear example of the success of advocates in demonstrating that community health centers are good stewards of 340B savings. However, Merck’s letter explicitly states that grantees are exempt from the new rules “at this time” which hints that they could be included later. Both of the major concerns expressed in Merck's letter—duplicate discounts and PBM rebates—are addressed in the PROTECT 340B Act and highlight the need for continued advocacy for the bill.