Congress Prepares for August Recess

Both chambers have been busy as they prepare to leave Washington for the month of August.

Health-related discussions in the House centered on access to contraception and interstate travel for abortions, extending Medicare coverage of some telehealth services beyond the public health emergency, and revamping Medicare Advantage plans' use of prior authorization after a government watchdog found that coverage was sometimes delayed or denied.  The House Energy & Commerce favorably reported out (53-2) H.R. 8152, a bipartisan bill to establish national data privacy standards that would, among other things, require large social media companies to know whether and how their platforms are targeting kids under the age of 17.

HHS Proposed Rule Would Reinstate Nondiscrimination Health Policy

On Monday, the Biden administration announced that it will roll back Trump-era regulations that allowed discrimination in health care coverage for transgender individuals.  The proposed rule, being prepared for publication now, would align implementation of Section 1557 of the Affordable Care Act with the Obama administration’s interpretation.  Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in federally funded health programs and HHS programs.  The proposed rule will affirm that protections against discrimination on the basis of sex include sexual orientation and gender identity, consistent with the U.S. Supreme Court’s holding in Bostock v. Clayton County, and will reiterate protections from discrimination for seeking reproductive health care services.