Health Care

Overnight Health Care — Campaign for Tobacco-Free Kids — Poll finds Trump vulnerable on health care in battleground states | HHS must respond to petition on abortion referral ban by Thursday | Wyden presses health officials about CBD regulations

by Nathaniel Weixel, Jessie Hellmann and Peter Sullivan 06/25/19 07:31 PM CDT

Welcome to Tuesday’s Overnight Health Care.

Today, a new poll finds Trump is vulnerable in battleground states, HHS has a new court deadline for the Title X case, and Illinois has legalized marijuana.

We’ll start with the 2020 polling news…

Poll finds Trump vulnerable on health care in battleground states

A majority of people polled in four major battleground states would not vote for a president who supports many of the policies being pursued by the Trump administration, according to a new survey.

The poll, conducted on behalf of pro-ObamaCare group Protect Our Care, found voters in Florida, Pennsylvania, Michigan and Wisconsin would not consider voting for a presidential candidate who supports policies including eliminating protections for people with pre-existing conditions, cutting funding for Medicare or letting insurance companies stop covering the costs of prescription drugs.

Main findings: The survey, conducted by Democratic polling firm Public Policy Polling, showed 52 percent of respondents said they trust Democrats more on health care than Trump.

The poll also found that 72 percent of respondents would not vote for a candidate who supports health plans that would eliminate health care protections for people with pre-existing conditions, and 77 percent said they would not vote for a candidate who supported plans that would let insurance companies stop covering the costs of prescription drugs.

Context: The polling comes as President Trump has made health care a major focus of his 2020 reelection campaign. Democrats won the House in 2018 running on health care and they are looking to recreate their success heading into the 2020 elections. They think Trump is vulnerable on health care and are looking to highlight the administration’s track record.

Read more on the polling here.

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Title X update: HHS must respond to emergency petition request by Thursday

The chief judge of the 9th Circuit Court of Appeals has ordered the Department of Health and Human Services to respond by Thursday to an emergency petition filed by plaintiffs in the case over the administration’s changes to the Title X family planning grant program.

Background: A three judge panel for the appeals court ruled last week that the administration could immediately implement these changes, setting aside three injunctions issued by lower courts.

The changes block abortion providers from the program and bars Title X providers from referring women for abortions.

What’s new: The National Family Planning and Reproductive Health Association filed an emergency petition Monday evening asking a larger panel of judges to reverse the panel’s ruling.

And on Tuesday, Chief Judge Thomas ordered HHS to respond by Thursday .

Wyden presses health officials about CBD regulation

A top Senate Democrat on Tuesday pressed the Food and Drug Administration to end the regulatory uncertainty surrounding the use of hemp-derived cannabidiol (CBD).

Sen. Ron Wyden (D-Ore.) sent a letter to acting FDA Commissioner Ned Sharpless, urging the agency to promptly issue guidance that clarifies CBD can be legally used as a food additive and as an ingredient in dietary supplements. Wyden urged the FDA to issue a formal enforcement discretion policy by August 1.

He also requested that – pending publication of a permanent final rule – the agency start the rulemaking process to allow the manufacturing and sale of products containing hemp-derived CBD under the existing statutory and regulatory frameworks applicable to food and dietary supplements.

Background: Last year, Congress removed hemp from the list of controlled substances and legalized hemp production nationwide. That legalization has allowed a booming market of CBD, which is derived from hemp. But the FDA has yet to come up with a regulatory framework for hemp and hemp-based products, leaving states and industry operating in a regulatory gray zone, needing to figure it out on their own.

According to the FDA, adding CBD to foods and dietary supplements in interstate commerce are both illegal. But the glut of CBD and hemp products already on the market is creating a headache for the agency, and Wyden wants to know what regulators are going to do about it.

“I certainly acknowledge the challenges that FDA faces in expeditiously creating a legal pathway for hemp-derived CBD in foods and dietary supplements, especially since the agency has never used these rulemaking authorities before,” Wyden wrote. “However, I, and many in the CBD industry, find FDA’s indication that it may take three to five years to issue a final regulation authorizing the lawful use of hemp-derived CBD in foods and dietary supplements fully unacceptable. The regulatory confusion and uncertainty surrounding CBD cannot continue for that length of time.”

Coming tomorrow: Senate HELP committee to mark up health care costs package

The HELP Committee is zooming ahead with its bipartisan health care costs package, with a markup on Wednesday morning.

Chairman Lamar Alexander (R-Tenn.) said Tuesday that he expects a “big vote.”

“We’ll give it to Sen. McConnell this week and with a big vote coming out of committee I believe, I would hope that he would put it on the floor and the Senate could act on it before the end of July,” Alexander said.

He said that additional health care provisions from the Finance and Judiciary Committees could be added if they have them.

Lawmakers map out path forward on Medicare Part D

Rep. Doris Matsui (D-Calif.) and Rep. Brett Guthrie (R-Ky.) put forward their ideas for improving Medicare Part D during an event on Tuesday at a time when seniors are facing rising out-of-pocket costs and fewer options for affordable medications.

“My fix is that you have to look at the whole thing, and this is a shared responsibility,” Matsui told moderator Steve Clemmons at The Hill’s “Cost, Quality and Care: The Medicare Equation” event, sponsored by Astellas Pharma US.

“The federal government can’t just offload it on to the beneficiaries, or to the plans to the manufacturers. We are all in this together, she continued.