The following LPG Weekly Health Care Watch provides a summary of legislative and regulatory health care activities from June 7 – 14. Where available, hyperlinks are included to the relevant documents. Please let us know if you have any questions or would like additional information on the items below.
NON-CORONAVIRUS LEGISLATIVE UPDATE
Senate
On June 10, the Homeland Security and Government Affairs Committee voted 7-4 along party lines to approve Russ Vought’s nomination as the Director of the White House’s Office of Management & Budget (OMB). On June 11, the Budget Committee voted 11-10 to advance his nomination to the floor, again along party lines. Vought has served as the Acting Director since January 2019.
The Senate will reconvene on July 15. It is expected markups for FY 2021 spending bills will begin the week of June 22.
House
The House will return to Washington on June 25 to vote on a police reform bill.
FY 2021 appropriation markups are scheduled to begin the week of July 6.
NON-CORONAVIRUS REGULATORY UPDATE
On June 9, OMB concluded its review of CMS’ proposed rule entitled Establishing Minimum Standards in Medicaid State Drug Utilization Review and Supporting Value Based Payments for Drugs Covered in Medicaid.
On June 11, CMS delayed the start of the “seriously ill population” component of the Primary Care First (PCF) model by three months; it will now begin on April 1, 2021. The remainder of the PCF model will begin on January 1, as scheduled.
CORONAVIRUS UPDATE
Legislative Update
On June 8, Ways & Means Chairman Richard Neal (D-MA) and Energy & Commerce Chairman Frank Pallone (D-NJ) requested that CMS issue guidance to clarify that it is unlawful for nursing homes and assistant living facilities to collect Medicaid beneficiaries’ economic impact payments (EIPs). According to the Chairmen, these “stimulus checks,” authorized by the Coronavirus Aid, Relief & Economic Security (CARES) Act, are technically tax credits – not taxable income; therefore, nursing homes and assisted living facilities are not permitted to acquire them. The lawmakers also asked the American Health Care Association to ensure its members no longer collect EIPs and return any that were previously taken. On June 9, CMS Administrator Seema Verma responded that “CMS requirements prohibit this. Nursing homes engaging in this behavior will be subject to enforcement action.
On June 8, Senate Finance Committee Chairman Chuck Grassley (R-IA) and Ranking Member Ron Wyden (D-OR) asked the U.S. Department of Health & Human Services (HHS) Office of Inspector General (OIG) to alert providers and the public that some nursing homes are unlawfully collecting EIPs from Medicaid beneficiaries.
On June 8, 30 bipartisan House members led by Rep. Tom Reed (R-NY) requested that HHS use a portion of the Provider Relief Fund to help clinical laboratories expand their diagnostic and antibody testing capacities.
On June 8, Chairman Grassley urged the Senate to pass S.2543, the Prescription Drug Pricing Reduction Act, while speaking on the floor. He claimed that “the United States is firing on all cylinders to fight it and find a vaccine. But it does us no good if most American’s can’t even afford the vaccine or related treatments.”
On June 9, a bipartisan group of 16 senators sent a letter to HHS Secretary Alex Azar and CMS Administrator Verma asserting that the methodology used by HHS to distribute the Provider Relief Fund “has not sufficiently addressed the needs of hospitals and health providers that disproportionately serve Medicaid and low-income patients.” Therefore, they requested that the Department “consider creating a separate, targeted distribution of funding for health providers who make up the health care safety net.”
On June 9, the Homeland Security & Governmental Affairs Committee held a hearing entitled Evaluating the Federal Government’s Procurement and Distribution Strategies in Response to the COVID-19 Pandemic. Chairman Ron Johnson (R-WI) focused the hearing on ensuring the Strategic National Stockpile is prepared for a second wave in the fall or another future pandemic. Ranking Member Gary Peters (D-MI) highlighted the pandemic’s disproportionate effects on minority communities and warned of the nation’s overreliance on foreign manufacturers for medical supplies. Assistant Secretary for Health Adm. Brett Giroir testified that the nation has performed over 20 million COVID-19 tests to date and is now capable of administering three million tests per week, with a goal of conducting 50 million tests per month by September. Sen. Maggie Hassen (D-NH) requested that Federal Emergency Management Agency (FEMA) Administrator Peter Gaynor publicly release a document detailing the Administration’s supply and demand estimates for personal protective equipment (PPE). Administrator Gaynor agreed; the document can be viewed here. The Committee will hold another hearing examining the vulnerabilities of the drug and medical device supply chains, according to the Chairman. Witnesses included: Peter Gaynor, Administrator, FEMA, U.S. Department of Homeland Security; John Polowczyk, Rear Admiral & Vice Director of Logistics, Joint Chiefs of Staff, U.S. Department of Defense; and Admiral Brett Giroir, MD, Assistant Secretary for Health, HHS.
On June 9, the Oversight & Reform Committee’s Economic and Consumer Policy Subcommittee held a briefing entitled COVID-19 Antibody Testing: Uses, Abuses, Limitations, and the Federal Response. Subcommittee Chairman Raja Krishnamoorthi (D-IL) supported the Food & Drug Association’s (FDA’s) revised policy that requires antibody test manufacturers to apply for an emergency use authorization (EUA) before marketing their products. However, he raised concerns that 192 tests that have not received EUAs are described on the Agency’s website as marketable. He urged FDA to rapidly evaluate EUA applications of these products and “ensure that people only use quality tests for the right reasons.” Dr. Jesse Ehrenfeld of the American Medical Association (AMA) warned against using antibody tests to guide personal or policy decisions. Witnesses included: Jesse Goodman, MD, Director, Center on Medical Product Access, Safety, and Stewardship, Georgetown University; Jennifer Rakeman, Assistant Commissioner, New York City Department of Health & Mental Hygiene; Gigi Gronvall, Senior Scholar & Associate Professor, Johns Hopkins Bloomberg School of Public Health Center for Health Security; and Jesse Ehrenfeld, MD, Chair, AMA Board of Trustees.
On June 9, the Finance Committee held a hearing entitled Unemployment Insurance During COVID-19: The CARES Act and the Role of Unemployment Insurance During the Pandemic. According to Chairman Grassley, the $600 per week in federal unemployment insurance under the CARES Act was poorly targeted and discourages people from returning to work. He cited Congressional Budget Office (CBO) estimates that suggest extending the unemployment insurance supplement for the next six months would increase unemployment compared to not extending the benefits. Member Ron Wyden (D-OR) argued that extending the supplement was necessary to protect workers and that states’ antiquated unemployment insurance systems have prevented a more individualized and targeted benefit program. Witnesses included: Eugene Scalia, Secretary of Labor, U.S. Department of Labor (DOL); Scott Sanders, Executive Director, National Association of State Workforce Agencies; Beth Townsend, Director, Iowa Workforce Development; Jose Javier Rodriguez, State Senator, Florida Senate; Michele Evermore, Senior Policy Analyst, National Employment Law Project; and Les Neilly, President, Neilly Canvas Goods Company.
On June 9, the Veterans’ Affairs (VA) Committee held a hearing entitled Building a More Resilient VA Supply Chain. Chairman Jerry Moran (R-KS) stressed the need for an updated and integrated supply chain for the VA, drawing attention to the Veterans Health Administration’s (VHA) current system which is over 30 years old. Ranking Member Jon Tester (D-MT) called for the VA to join in a coordinated response to the pandemic, rather than acting independently; he also raised concerns about the nation’s reliance on China for medical supplies and endorsed more domestic manufacturing. Chairman Moran and Ranking Member Tester suggested that the VA Secretary should be added to the Defense Production Act Committee to help coordinate veteran care and leverage VA resources. Witnesses included: Richard Stone, MD, Executive in Charge, VHA; Shelby Oakley, Director of Contracting & National Security Acquisitions, Government Accountability Office (GAO); Roger Waldron, President, Coalition for Government Procurement; Michael McDonald, Director of Government Operations, 3M Health Care; Kurt Heyssel, Former Chief Supply Chain Officer, VHA.
On June 10, the Senate Small Business & Entrepreneurship Committee held a hearing entitled Implementation of Title I of the CARES Act. U.S. Department of the Treasury Secretary Steven Mnuchin attributed the economy’s strong positioning for a phased reopening directly to the relief packages passed by Congress. He supported additional relief targeted at distressed sectors: "I definitely think we are going to need another bipartisan legislation to put more money into the economy.” Witnesses included: Steven Mnuchin, Secretary of the Treasury; and Jovita Carranza, Administrator, U.S. Small Business Administration.
On June 10, House Select Coronavirus Subcommittee Chairman Jim Clyburn (D-SC) named 19 staff members to work on the Subcommittee. David Hickton will be staff director and senior counsel.
On June 11, the Senate Aging Committee held a hearing entitled Combating Social Isolation and Loneliness During the COVID-19 Pandemic. Chair Susan Collins (R-ME) maintained that as the “pandemic continues and the epidemic of loneliness and isolation worsens, we run the risk of an infectious disease causing a mental health crisis.” The Committee will hold a hearing next month on how COVID-19 has amplified longstanding racial health inequalities among seniors. Witnesses included: Carla Perissinotto, MD, Associate Chief for Geriatrics Clinical Programs, Associate Professor, School of Medicine, University of California; Peter Reed, Director, Sanford Center for Aging, Professor, Community Health Sciences, School of Medicine, University of Nevada; Betsy Sawyer-Manter, President and CEO, SeniorsPlus; and Najja Orr, President and CEO, Philadelphia Corporation for Aging.
On June 11, the House Veteran’s Affairs (VA) Committee held a hearing entitled Assessing VA’s Response to the COVID-19 Pandemic: 90 Days Later. Chairman Mark Takano (D-CA) raised concerns about the VA’s medical supply chain capabilities. Ranking Member Phil Roe (R-TN) highlighted the VA’s work in support of nursing homes around the nation and drew attention to the VA’s recruitment efforts resulting in the hiring of over 16,000 people since March. Ranking Member Roe shared the Chairman’s concerns over the VA’s inadequate medical supply chain. Richard Stone, Executive in Charge of the Veterans Health Administration (VHA) announced that the VHA has cared for more than 13,000 veterans with COVID-19 and more than 10,000 other Americans; the VA has offered support and more than 1,500 Intensive Care Unit hospital beds to 46 states and territories. Witnesses included: Richard Stone, MD, Executive in Charge, VHA; Deborah Kramer, Acting Deputy Under Secretary for Health for Support Services, VHA; and Larry Mole, MD, Executive Director, Office of Public Health, VHA.
On June 11, the House Appropriations Committee’s Interior, Environment, & Related Agencies Subcommittee held a hearing entitled Indian Health Service (IHS) COVID-19 Response. Subcommittee Chairwoman Betty McCollum (D-MN) highlighted the disproportionate impact of the COVID-19 pandemic on Native communities; she cited a UCLA paper concluding that five tribes are experiencing a higher incidence of coronavirus per capita than any state. Witnesses included: Michael Weahkee, Rear Admiral, Director, IHS; Stacy Bohlen, CEO, National Indian Health Board; Francys Crevier, Executive Director, National Council of Urban Indian Health.
On June 13, White House trade advisor Peter Navarro stated that President Trump is “very interested” in another COVID-19 relief bill that would exceed $2 trillion. According to Navarro, such legislation should include a controversial payroll tax cut, which members from both parties have rejected, and focus on bringing manufacturing jobs back to the country. The House has already passed H.R. 6800 that would increase spending by more than $3 trillion and Senate Majority Leader McConnell has stated he prefers a smaller package ($1 trillion), if any. If such a bill were to pass, it would likely occur towards the end of July.
Regulatory Update
On June 7, Food & Drug Administration (FDA) revised the types of respirators that can be decontaminated for reuse by health care personnel, including respirators manufactured in China that “vary in their design and performance.”
On June 8, the Internal Revenue Service (IRS) issued a proposed rule that seeks to allow employers to use health reimbursement arrangements to subsidize employees’ use of direct primary care and health care sharing ministries, while making such expenses eligible for individual’s medical expense deduction. The regulation was directed by an Executive Order, according to IRS.
On June 9, HHS announced it will distribute $25 billion from the Provider Relief Fund to providers that predominantly serve Medicaid beneficiaries. Specifically, $15 billion will be allocated to providers that billed Medicaid and the Children Health Insurance Program between January 2018 and May 2020 and did not receive aid from the General Allocation. Eligible providers will receive at least 2% of their reported gross patient care revenue. Providers should report revenue data no later than July 20 to the payment portal. The remaining $10 billion will be issued to “safety net hospitals.” The Department aims to start distributing the funds within one week.
On June 9, National Institute of Allergy & Infectious Diseases Director Anthony Fauci said he was “almost certain” that more than one of the vaccine candidates in development will be successful. He also stressed that the pandemic “isn’t over yet” and that the public health community is “almost at the beginning of understanding” the long-term implications of the disease. His comments were made at a virtual conference hosted by the Biotechnology Innovation Organization (BIO).
On June 9, Commissioner Stephen Hahn indicated that the FDA is interested in making pandemic-induced regulatory changes permanent: “the lessons that we’ve learned, the new processes we’ve put in place, the new approaches…we’d very much like to engage with industry to determine which of these processes and procedures are most helpful for development and we could keep permanent in the Agency moving forward.” His comments were made at BIO’s conference.
On June 9, CMS released guidelines for patients and facilities on resuming in-person, non-emergent, non-COVID care. The guidelines for reopening facilities only applies to areas that meet criteria defined by Phase II of the White House’s Guidelines for Opening Up American Again. CMS recommends that providers offering non-COVID care must have adequate viral testing for SARS-CoV-2, personal protective equipment (PPE), supplies, and workforce availability. In addition, the Agency advised patients to consider using audio or video telehealth services when possible, while not postponing necessary in-person care (such as stroke symptoms, immunizations, or cancer screenings).
On June 9, the Biomedical Advanced Research & Development Authority (BARDA) issued $204 million to Corning Inc. to expand its production of glass vials in anticipation of eventual coronavirus vaccines.
On June 9, Administrator Verma suggested that certain telehealth flexibilities prompted by the pandemic should continue after the public health emergency concludes, claiming that she “can’t imagine going back.” She indicated that CMS may consider reducing payment rates for virtual care as there are “some potential savings for the system that do occur by having a telehealth visit,” as well as broadening the types of services that can be provided virtually.
On June 11, CMS announced that nursing homes are not permitted to seize EIPs from residents and could be terminated from the Medicare and Medicaid programs if they continue to do so.
On June 11, DOL announced that over 1.5 million Americans have filed for unemployment benefits for the week ending on June 6. Since lockdown measures were issued in mid-March, 44 million have filed for unemployment.
Other
On June 8, World Health Organization (WHO) epidemiologist Maria Van Kerkhove claimed it is “rare” for asymptomatic carriers to transmit COVID-19 to others, estimating that asymptomatic spread had accounted for just 6% of infections worldwide. However, she also suggested that many seemingly asymptomatic people have actually had mild or atypical symptoms. The next day, Van Kerkhove clarified that the extent to which asymptomatic people spread the virus a “big open question” and that her earlier comment only reflected the findings of several preliminary studies.
On June 8, researchers of the University of California Berkley published a study in Nature that concludes the U.S. would have had 4.8 million more confirmed COVID-19 cases and 60 million more total infections if social distancing measures were not ordered. Across the U.S., China, France, Italy, Iran, and South Korea, the researchers estimated social distancing measures collectively prevented 62 million confirmed cases and 530 million total infections.
On June 8, the University of Chicago Harris School of Public Policy and the Associated Press-NORC Center for Public Affairs Research posted results from two surveys measuring the public’s perception of the health care system during the pandemic. Notably, they found only 19% of Americans are concerned about personally losing or not having health insurance, while 56% are worried about coverage issues for others in the country. In addition, 64% claimed they want to pay less for prescription drugs, even if future innovation would be reduced as a result.
On June 8, BIO released a report assessing the bioscience industry’s economic footprint, the role of small and medium-sized manufacturers, and the industry’s response to the pandemic. BIO argues that the industry is “well-positioned to respond to the imperative for new medical treatments to help end the health crisis posed by the COVID-19 pandemic, as well as to contribute to the expected post-pandemic economic recovery.”
On June 9, Pfizer CEO Albert Bourla suggested it would be “unethical” to charge “huge prices and sell everything [the company] can manufacture” if the company’s vaccine candidate is successful. Bourla also noted that the pandemic has ameliorated some pressure facing drug manufacturers and created an opportunity to reset the industry’s public image.
On June 10, Johnson & Johnson (J&J) announced it has accelerated clinical trials for its vaccine candidate (Ad26.COV2-S) by nearly two months. The company will begin “Phase I/IIa” trials in the second half of July. J&J has received $456 million from BARDA for vaccine development.
On June 10, Federal Reserve Chair Jerome Powell predicted that the U.S. economy will contract by 9.5% in 2020 and that unemployment will be 9.3% by the end of the year. When speaking about economic recovery, he claimed “if there were more fiscal support, you’d see better results sooner but that is a question for Congress.”
On June 11, Democrat presidential nominee Joe Biden released his blueprint for an “effective reopening that jumpstarts the economy.” His plan includes guaranteed tests and PPE for employees called into work while the virus is still spreading. Such tests would be paid for by the federal government. His plan would also increase testing capacity so every resident in long-term care facilities could see one visitor each week. In addition, Americans that contract COVID-19 or have to care for a family member who does would be guaranteed paid leave.
On June 11, Moderna announced that starting in 2021 it could manufacture "possibly up to 1 billion doses per year" of its vaccine candidate (mRNA-1273). The candidate will enter Phase III clinical trials in July.
On June 12, 27 former foreign ministers published an open letter to the United Nations and governments across the globe to take actionable steps to combat the pandemic, noting that spread is settling in some parts of the world but increasing in others. One such step includes the “equitable” distribution of a vaccine.
On June 12, it was reported that the Association for Community Affiliated Plans has launched a six-figure campaign to direct recently uninsured Americans to HealthCare.gov or Medicaid. The campaign will frame those option as less expensive alternatives to COBRA for individuals that lost their employer-sponsored coverage because of the pandemic.
As of June 14, the U.S. had 2,091,348 confirmed COVID-19 cases resulting in 115,706 deaths, according to the Johns Hopkins University & Medicine Coronavirus Resource Center. The U.S. reached one million confirmed cases on April 28 after the virus had been spreading for nearly three months; cases hit two million on June 9 – just six weeks later.
RULES AT THE WHITE HOUSE OMB
Pending Review
HHS-CMS
Conditions for Coverage for End-Stage Renal Disease Facilities—Third Party Payments (CMS-3337-P); Proposed Rule; Received 6/6/2019
International Pricing Index Model for Medicare Part B Drugs (CMS-5528-P); Proposed Rule; Received 6/20/2019
Medicare Coverage of Innovative Technologies (CMS-3372-P); Received 7/30/2019
Medicaid & CHIP Managed Care (CMS-2408-F); Final Rule; Received 9/26/2019
Strengthening Oversight of Accrediting Organizations (AO) and Preventing AO Conflict of Interest, and Related Provisions (CMS-3367); Proposed Rule; Received 2/18/20
Specialty Care Models to Improve Quality of Care and Reduce Expenditures (CMS-5527); Proposed Rule; Received 3/10/20
Treatment of Medicare Part C Days in the Calculation of a Hospital's Medicare
CY2021 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Rates (CMS-1736); Proposed Rule; Received 4/21/20
Payment Policies for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) (CMS-1738); Proposed Rule; Received 4/28/20
CY 2021 Home Health Prospective Payment System Rate Update and Quality Reporting Requirements (CMS-1730); Proposed Rule: 5/6/2020
CY 2021 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medicare Part B (CMS-1734); Proposed Rule; 5/12/20
CY 2021 Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System and Quality Incentive Program (CMS-1732); Proposed Rule; 5/14/20
HHS-FDA
Annual Summary Reporting Requirements Under the Right to Try Act; Proposed Rule; Received 3/31/20
Opioid Use Disorder: Endpoints for Demonstrating Effectiveness of Drugs for Medication-Assisted Treatment; Guidance for Industry; Notice; Received 5/28/20
HHS-SAMHSA
Coordinating Care and Information Sharing in the Treatment of Substance Use Disorders; Final Rule; 3/16/20
REPORTS
HHS Office of Inspector General (OIG)
On June 8, OIG published a report entitled Texas Telemedicine Services were Provided in Accordance with State Requirements. This report is part of a series of audits to determine whether states complied with federal and state requirements when claiming federal reimbursement for Medicaid telemedicine services, specifically technology, patient and provider location, and documentation requirements. The audit used a sample of 40 client dates of service (out of the nearly 55,000 the audit covered) and found that 39 of the 40 client dates of service reviewed were in accordance with Texas Medicaid requirements that (1) services were provided using advanced communication technology; (2) patient site was an established medical site, a state mental facility, or a state-supported living center; (3) the distant site provider was physically located at a site other than where the patient was located; and (4) medical records for the service were maintained.
On June 8, OIG published a report entitled Medicare Hospital Provider Compliance Audit: The Ohio State University Hospital. This report is part of a series of audits to determine whether hospitals comply with Medicare requirements for billing inpatient and outpatient services on selected types of claims. The audit found that the Ohio State University Hospital (“Hospital”) complied with Medicare billing requirements for 98 of the 145 inpatient and outpatient claims audited. However, 47 claims for which the Hospital did not fully comply resulted in net overpayments of over $335,000. Based on this sample, the report estimates that the Hospital received at least $3.7 million in overpayments in the two-year audit period from January 2016 through December 2017. The OIG recommends that the Hospital refund the $3.7 million in overpayment to the Medicare contractor and strengthen controls to ensure full compliance with Medicare requirements in the future. The Hospital contested OIG’s findings and repaid Medicare only $396,000.
Congressional Budget Office (CBO)
On June 9, CBO Director Phillip Swagel sent a letter to Speaker Nancy Pelosi (D-CA) describing the decline in CBO’s projections of gross domestic product (GDP) for 2020 and 2021. Director Swagel claimed that “as long as some degree of social distancing remains in place, the economic boost that might be expected from recent legislation will be smaller” than if such orders were not in place. He also predicted additional funding for state and local governments would increase economic output but add to the federal deficit, thereby slowing the economy over the long term.
UPCOMING HEARINGS
Senate
HELP Committee
June 17, 10:00 a.m., 430 Dirksen Senate Office Building
Telehealth: Lessons from the COVID-19 Pandemic
Witnesses include: Karen Rheuban, MD, Professor of Pediatrics, Senior Associate Dean of Continuing Medical Education and Director University of Virginia Karen S. Rheuban Center for Telehealth; Joseph Kvedar, MD, President, American Telemedicine Association, Professor, Harvard Medical School; Sanjeev Arora, MD, Distinguished and Regents’ Professor, University of New Mexico Health Sciences Center, Founder and Director, Project ECHO/Echo Institute; and Andrea Willis, MD, Senior Vice President, Chief Medical Officer, BlueCross BlueShield of Tennessee.
Armed Forces Committee
June 18, 9:30 a.m., SD-G50 Dirksen Senate Office Building
Details will be forthcoming.
Foreign Relations Committee
June 18, 9:30 a.m., 106 Dirksen Senate Office Building
COVID-19 and U.S. International Pandemic Preparedness, Prevention, and ResponseJames L. Richardson, Director of the State Department’s Office of Foreign Assistance will testify.
HELP Committee
June 23, 10:00 a.m., 430 Dirksen Senate Office Building
COVID-19: Lessons Learned to Prepare for the Next Pandemic
Details will be forthcoming.
House
Energy & Commerce Health Subcommittee
June 17, 11:30 a.m., Virtual
Details will be forthcoming.
OTHER HEALTH POLICY NEWS
On June 7, it was reported that AstraZeneca informally approached Gilead about a possible merger. However, subsequent reports indicate that AstraZeneca is no longer interested in the merger.
On June 8, Gov. Andy Beshear (D) pledged to “begin an effort to cover 100% of [Kentucky’s] black and African American communities.” He claimed that COVID-19 has brought to light “what happens when [everyone] does not have coverage.” There are roughly 20,000 uninsured black residents in Kentucky.
On June 8, it was reported that insurers participating in New York’s Affordable Care Act (ACA) marketplace will increase premiums by an average of 11.7% in 2021. Several plans informed New York that rates must reflect a predicted increase in COVID-19 costs, including testing, treatments, and vaccines. In contrast, insurers in the D.C., Oregon, Vermont, and Washington marketplaces have proposed marginal premium increases or reductions for 2021.
On June 8, the Supreme Court ruled it will not consider Takeda Pharmaceutical Co. v. Painters and Allied Trades District Council 82 Health Care Fund, which could decide whether the Racketeer Influenced and Corrupt Organizations Act can be used against drug manufacturers accused of not disclosing safety risks associated with their products.
On June 10, attorney generals representing 46 states, four U.S. territories, and D.C. filed an antitrust complaint accusing 26 generic dermatology manufacturers of conspiring to fix prices of 80 products between 2009 and 2016. The attorney generals are being led by Connecticut Attorney General William Tong.
On June 10, the American Associated for Cancer Research predicted that the national cancer-attributable costs in the U.S. will increase by over 30% from 2015 to 2030, amounting to a total cost of over $245 billion.