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Legislation aimed at Health Care Costs Advances in Congress

Unlike many topics under discussion in Congress this year, the issue of health care costs is a priority across party lines. With bills pending in both the U.S. House of Representatives and U.S. Senate, and a recent executive order issued on the topic, we have broken down the details on the latest cost control developments below.

H.R. 987

In May, the House passed H.R. 987, the Strengthening Health Care and Lowering Prescription Drug Costs Act—which, in addition to addressing health insurance Marketplaces and transparency, also contains provisions designed to curtail prescription drug costs, including:

S. 1895

While H.R. 987 is not expected to advance in the Senate due to some of the other provisions in the bill, the Senate is advancing its own health care cost control bill that includes many similar measures.
S. 1895, the Lower Health Care Costs Act, was filed by Senator Lamar Alexander (R-TN), chair of the Senate Health, Education, Labor and Pensions (HELP) Committee, and is also sponsored by Senator Patty Murray (D-WA), ranking minority member of the committee. The bill passed out of the HELP Committee at the end of June and is expected to go to the Senate floor in the fall.

Like H.R. 987, the Senate bill seeks to lower prescription drug costs by promoting the availability of generic drugs and biosimilar biologics. Its proposed methods of doing so are:

S. 1895 also includes a number of provisions related to surprise balance billing, an issue of growing concern lately. With standalone legislation also pending on this issue, S. 1895 would limit the amount that insured individuals can be required to pay for out-of-network emergency care, care provided by out-of-network ancillary providers (such as anesthesiologists and radiologists) and out-of-network diagnostic services at in-network facilities. In such circumstances, individuals could only be charged the in-network cost sharing and could not be balance billed above that amount. Once an emergency room patient is stabilized, the patient would have to be given advance notice of any out-of-network care, an estimate of costs and referrals for in-network care, or, in the alternative, they would also be protected from surprise balance bills and out-of-network cost sharing. The amount the insurer would pay for such services would be based on the local median contracted commercial amount negotiated with other providers in the area or based on external sources. These provisions would also apply to air ambulance providers, an issue of much attention lately. Finally, the Department of Health and Human Services (HHS), the Federal Trade Commission and the Attorney General would be required to study the impact of these provisions on horizontal integrations, health care costs and enforcement.

The bill provides other protections specific to health care emergencies, requiring that emergency charges be counted toward in-network deductibles and that patient protections related to emergency services apply in all care delivery settings.

Another avenue by which S. 1895 seeks to tackle health care costs is promoting transparency. Specifically, the bill would:

The bill also provides funding and outlines requirements for education activities specific to public health initiatives—such as those related to vaccines, maternal health and health care equity, as well as ones in support of community health centers and federal programs. Finally, S. 1895 addresses issues relative to health information exchange, including patient access to information and cybersecurity.

The Congressional Budget Office (CBO) found that, if enacted, S. 1895 would lower health care costs for both individuals and the federal government, resulting in a $7.6 billion net decrease in the deficit by 2029.

The Senate is also considering bipartisan legislation targeted specifically at prescription drug costs within Medicare and Medicaid. The Prescription Drug Pricing Reduction Act of 2019, introduced by Senators Chuck Grassley (R-IA) and Ron Wyden (D-OR) (Chairman and ranking minority member of the Senate Finance Committee, respectively) passed out of the committee yesterday but still faces challenges on both sides of the aisle as it moves toward the Senate floor. The bill would:

The CBO found that the bill would save $85 billion to the Medicare program and $15 billion to Medicaid programs, as well as $32 billion to beneficiaries in premium and out-of-pocket costs, over the next ten years.

The House is expected to release a bill targeting prescription drug costs in the fall. The bill is expected to include a provision allowing Medicare to negotiate prescription drug costs.

Executive Order

In June, the executive branch broached concerns about health care costs when the President signed the Executive Order on Improving Price and Quality Transparency in American Healthcare to Put Patients First, which aims to lower rising health care costs through price disclosures. The order:

The executive order also requires HHS to report on surprise medical bills, and seeks to promote:

As is the case with all executive orders—and unlike the pending Congressional legislation—the executive order does not change any existing policy. Instead, it directs members of the administration to advance those changes.

Action targeted at prescription drug costs is also expected out of the White House. The administration is reportedly working on an executive order aimed at cutting the cost of brand prescription drugs for public health care programs, including Medicare, by ensuring that these programs pay no more than the lowest price paid worldwide.

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