Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and analyses; and other health policy news.
Highlight of the Week
This week, the House Ways & Means Committee, Health and Oversight Subcommittees held a hearing on Medicare Advantage, and President Trump signed an executive order that seeks to advance involuntary treatment for homeless individuals.
Regulations, Notices & Guidance
- On July 24, 2025, the White House released an EO entitled, Ending Crime and Disorder on America’s Streets. The EO directs federal agencies to support state and local efforts to remove homeless individuals from public spaces and relocate them to treatment facilities. Specifically, the EO instructs the Attorney General to reverse legal precedents that limit involuntary civil commitment and prioritizes federal grants for jurisdictions that enforce bans on urban camping, drug use, and loitering. It redirects funding to move individuals experiencing homelessness and suffering from serious mental illness or addiction into treatment centers or other facilities. It also prohibits funding for supervised drug-use sites and mandates that housing programs avoid placing sex offenders with children.
- On July 21, 2025, the Department of Veterans Affairs (VA) released a proposed rule entitled, Expansion of VA Process for 72-Hour Notification of Emergency Treatment. VA proposes to revise its medical regulations to add a new method of notification for emergency treatment that is furnished by community providers to be authorized under the Veterans Community Care Program.
- On July 22, 2025, the Centers for Medicare & Medicaid Services (CMS) released a notice entitled, Medicare and Medicaid Programs: Application from the Accreditation Commission for Health Care for Continued Approval of its Critical Access Hospital Accreditation Program. This notice acknowledges the receipt of an application from the Accreditation Commission for Health Care for continued recognition as a national accrediting organization for critical access hospitals that wish to participate in the Medicare or Medicaid programs.
- On July 23, 2025, the Department of Health and Human Services (HHS) released a notice entitled, Notice of Interest Rate on Overdue Debts. Section 30.18 of the HHS claims collection regulations (45 CFR part 30) provides that the HHS Secretary shall charge an annual rate of interest, which is determined and fixed by the Secretary of the Department of Treasury (the Treasury) after considering private consumer rates of interest on the date that HHS becomes entitled to recovery. The rate cannot be lower than the Treasury’s current value of funds rate or the applicable rate determined from the Schedule of Certified Interest Rates with Range of Maturities unless the HHS Secretary waives interest in whole or part, or a different rate is prescribed by statute, contract, or repayment agreement. The Secretary of the Treasury may revise this rate quarterly. HHS publishes this rate in the Federal Register. The current rate of 11 5/8 percent, as fixed by the Secretary of the Treasury, is certified for the quarter ended June 30, 2025. This interest rate will be applied to overdue debt until HHS publishes a revision.
- On July 23, 2025, the White House released an executive order (EO) entitled, Promoting The Export of the American AI Technology Stack. The EO directs the establishment and implementation of the American AI Exports Program to support the development and deployment of U.S. full-stack artificial intelligence (AI) export packages. It directs the Secretary of Commerce to issue a public call for proposals from industry-led consortia for inclusion in the program. The EO specifies what each proposal must include, such as specific target countries for export engagement. It also states that proposals should be submitted within 90 days after the public call for proposals is issued. It directs the Economic Diplomacy Action Group to coordinate mobilization of Federal financing tools in support of priority AI export packages.
- On July 23, 2025, the White House released an EO entitled, Preventing Woke AI in the Federal Government. The EO directs that federal agencies only procure large language models (LLMs) that are developed in accordance with Unbiased AI Principles, including truth-seeking, which specifies that LLMs shall be truthful in responding to user prompts seeking factual information or analysis, and ideological neutrality, which specifies that LLMs shall be neutral, nonpartisan tools that do not manipulate responses in favor of ideological dogmas. The EO directs the Director of the Office of Management and Budget (OMB) to issue guidance to agencies to implement the procurement limitation. It also directs each agency head to adopt procedures to ensure that LLMs procured by the agency comply with the Unbiased AI Principles.
- On July 24, 2025, VA released a notice entitled, Annual Pay Ranges for Physicians, Dentists, and Podiatrists of the Veterans Health Administration (VHA). VA is giving notice of annual pay ranges, which is the sum of the base pay rate and market pay for VHA physicians, dentists, and podiatrists as prescribed by the VA Secretary for Department-wide applicability. These annual pay ranges are intended to enhance the flexibility of VA to recruit, develop, and retain the most highly qualified providers to serve U.S. veterans and maintain a standard of excellence in the VA health care system.
- On July 24, 2025, the Food and Drug Administration (FDA) released a notice entitled, Ultra-Processed Foods; Request for Information. FDA and the Department of Agriculture (USDA) are requesting data and information to help develop a uniform definition of ultra-processed foods (UPF or UPFs) for human food products in the U.S. food supply. A uniform UPF definition, developed as part of a joint effort by federal agencies, would allow for consistency in research and policy to pave the way for addressing health concerns associated with the consumption of UPFs.
Event Notices
Please note that two asterisks (**) preceding the item indicate a new event.
- August 4, 2025: FDA announced a meeting entitled, Medical Device User Fee Amendments. This is a hybrid meeting open to the public.
- August 5, 2025: VA announced a meeting of the Special Medical Advisory Group. This is a virtual meeting open to the public.
- August 6-7, 2025: The Health Resources and Services Administration (HRSA) announced a meeting of National Advisory Council on Nurse Education and Practice (NACNEP). This is a hybrid meeting open to the public.
- August 7, 2025: The National Institutes of Health (NIH) announced a meeting of the National Institute of Neurological Disorders and Stroke. This is a hybrid meeting open to the public.
- August 7-8, 2025: NIH announced a meeting of the National Heart, Lung, And Blood Institute. This is a hybrid meeting open to the public.
- August 8, 2025: HRSA announced a meeting of the Advisory Committee on Training in Primary Care Medicine and Dentistry. This is a hybrid meeting open to the public.
- August 13, 2025: FDA announced a meeting of the General and Plastic Surgery Devices Panel of the Medical Devices Advisory Committee. This is a virtual meeting open to the public.
- August 20, 2025: VA announced a meeting of the Rehabilitation Research and Development Service Scientific Merit Review Board. This is a virtual meeting with some sessions open to the public.
- August 26-27, 2025: VA announced a meeting of the Veterans’ Advisory Committee on Rehabilitation. This is a virtual meeting open to the public.
- August 27, 2025: VA announced a meeting of the Health Systems Research Scientific Merit Review Board. This is a virtual meeting with some sessions open to the public.
- September 4-5, 2025: NIH announced a meeting of the Fogarty International Center Advisory Board. This is a hybrid meeting with some sessions open to the public.
- September 5, 2025: NIH announced a meeting of the National Advisory Council on Minority Health and Health Disparities. This is a hybrid meeting with some sessions open to the public.
- September 9, 2025: NIH announced a meeting of the National Advisory Child Health and Human Development Council. This is a hybrid meeting with some sessions open to the public.
- **September 10, 2025: NIH announced a meeting of the National Institute of Environmental Health Sciences. This is a hybrid meeting with some sessions open to the public.
- September 11, 2025: NIH announced a meeting of the National Advisory General Medical Sciences Council. This is a virtual meeting with some sessions open to the public.
- September 11-12, 2025: HRSA announced a meeting of the Council on Graduate Medical Education. This is a hybrid meeting open to the public.
- September 11-12, 2025: NIH announced a meeting of the National Institute of Environmental Health Sciences. This is a hybrid meeting open to the public.
- **September 16, 2025: NIH announced a meeting of the National Human Genome Research Institute. This is a hybrid meeting open to the public.
- **September 17-18, 2025: NIH announced a meeting of the National Institute of Diabetes and Digestive and Kidney Diseases. This is a hybrid meeting with some sessions open to the public.
- September 17-18, 2025: NIH announced a meeting of the National Institute on Aging. This is a virtual meeting with some sessions open to the public.
- September 25, 2025: NIH announced a meeting of the National Institute of Allergy and Infectious Diseases. This is a virtual meeting open to the public.
- October 8-9, 2025: NIH announced a meeting of the National Institute of Diabetes and Digestive and Kidney Diseases. This is a hybrid meeting with some sessions open to the public.
- **October 27-28, 2025: NIH announced a meeting of the Board of Regents of the National Library of Medicine. This is a virtual meeting with some sessions open to the public.
- December 1-2, 2025: NIH announced a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development (NICHD). This is a hybrid meeting open to the public.
- December 4-5, 2025: HRSA announced a meeting of NACNEP. This is a hybrid meeting open to the public.
- December 5, 2025: NIH announced a meeting of the Board of Scientific Counselors Eunice Kennedy Shriver NICHD. This is a hybrid meeting with some sessions open to the public.
- **March 30-31, 2026: NIH announced a meeting of the National Institute of Diabetes and Digestive and Kidney Diseases. This is a hybrid meeting with some sessions open to the public.
Reports, Studies & Analyses
- On July 21, 2025, the Congressional Budget Office (CBO) released a report entitled, Estimated Budgetary Effects of Public Law 119-21, to Provide for Reconciliation Pursuant to Title II of H. Con. Res. 14, Relative to CBO’s January 2025 Baseline. In its analysis of the budgetary effects of the One Big Beautiful Bill Act (OBBBA), CBO estimates an increase of 10 million in the number of people without insurance by 2034. CBO also projects that the law will increase the federal budget deficit by $3.4 billion over 2025-2034 period, relative to its January 2025 baseline. CBO also estimates that the law includes approximately $1 trillion in reductions to Medicaid spending, with $325.6 billion over ten years resulting from national work requirements for Medicaid beneficiaries. Additional reductions in spending are attributed to a phase-down in provider taxes ($191 billion), capped state-directed payments (SDPs) ($149.4 billion), and the rescission of Medicaid eligibility streamlining rules introduced during the Biden Administration ($121.8 billion). The report also identifies $17.4 billion in savings from addressing duplicate enrollment across states, $62.5 billion from increasing the frequency of eligibility renewals to every six months, and $28 billion from limiting the federal Medicaid matching rate for emergency services provided to undocumented patients beginning in fiscal year (FY) 2027.
- On July 22, 2025, the Government Accountability Office (GAO) released a report entitled, COVID-19 Relief: Treasury Could Improve Compliance Procedures and Guidance for State and Local Fiscal Recovery Funds. The report examined the Treasury’s oversight of the $350 billion distributed through the State and Local Fiscal Recovery Funds (SLFRF) program under the American Rescue Plan Act of 2021 (ARPA). GAO found that over 1,000 recipients never submitted the required project and expenditure (P&E) reports, and thousands more reported inconsistently between 2022 and 2024. Although the Treasury issued noncompliance notices and conducted outreach through newsletters and webinars, reporting remained inconsistent. The Treasury has the authority to recoup funds from noncompliant recipients, but its procedures do not specify when or under what circumstances recoupment should occur. As of January 2025, the Treasury initiated recoupment actions against 988 recipients, totaling approximately $139 million in awards, but had not initiated recoupment with the thousands of other noncompliant recipients. GAO recommended that the Treasury develop and document internal procedures outlining the timing and conditions for initiating recoupment of awards and communicate these standards clearly to recipients. The Treasury agreed with the recommendation.
- On July 25, 2025, KFF released a report entitled, KFF Health Tracking Poll: Public Finds Prior Authorization Process Difficult to Manage. The poll found that 73 percent of the public believes delays and denials of services and treatments to be a major problem, with agreement across political affiliation, income, and insurance types. The poll follows the June 23, 2025 announcement of a voluntary initiative by health insurers, joined by HHS Secretary Robert F. Kennedy, Jr. and CMS Administrator Dr. Mehmet Oz, to reduce the burden of prior authorizations. However, only 20 percent of adults reported hearing “a lot” or “some” about the initiative. Among insured adults, 51 percent said they had been required to obtain prior authorization in the past two years, and about half of these individuals reported experiencing delays or denials of care.
Hearings & Markups
- On July 22, 2025, the House Energy and Commerce Committee Oversight & Investigations Subcommittee held a hearing entitled, Ensuring Patient Safety: Oversight of the U.S. Organ Procurement and Transplant System. Witnesses included: Dr. Raymond Lynch, MD, MS, FACS, Chief, Organ Transplant Branch, HRSA, HHS; Mr. Barry Massa, Chief Executive Officer, Network for Hope; Dr. Maureen McBride, PhD, Chief Executive Officer, United Network for Organ Sharing; Dr. Richard Formica, MD, Former President, Organ Procurement and Transplantation Network Board of Directors; and Dr. John C. Magee, MD, President, Organ Procurement and Transplantation Network Board of Directors.
- On July 22, 2025, the Senate Finance Committee held a hearing entitled, Hearing to Consider the nominations of The Honorable Jonathan McKernan, of Tennessee, to be an Under Secretary of the Treasury, vice J. Nellie Liang, resigned and Alex Adams, of Idaho, to be Assistant Secretary for Family Support, Department of Health and Human Services, vice January Contreras. Witnesses included: The Honorable Jonathan McKernan, to be an Under Secretary of the Treasury, and Alex Adams, to be Assistant Secretary for Family Support, HHS.
- On July 22, 2025, the House Ways and Means Committee, Joint Health and Oversight Subcommittee held a hearing entitled, Medicare Advantage: Past Lessons, Present Insights, Future Opportunities. Witnesses included: Dawn Maroney, CEO of Alignment Health Plan and President of Alignment Health; Dr. Brian Miller, M.D., M.B.A., M.P.H., Associate Professor of Medicine, Johns Hopkins University; Dr. David A. Basel, M.D., Vice President of Clinical Quality and Population Health Officer, Avera Health; Dr. Sachin Jain, M.D., M.B.A., CEO, Senior Care Action Network (SCAN) Health Plans; and Matthew Fiedler, Joseph A. Pechman Senior Fellow – Economic Studies, Center on Health Policy, Brookings Institution.
- On July 23, 2025, the House Energy and Commerce Committee held a full committee markup of the following bills:
- H.R. 4312, Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act, was reported to the full House of Representatives by a roll call vote of 30 yeas – 23 nays.
- H.R. 4273, Over-the-Counter Monograph Drug User Fee Amendments, was reported to the full House of Representatives by a roll call vote of 51 yeas – 0 nays.
- On July 23, 2025, the House Veterans Affairs Committee held a markup of 25 bills, including:
- H.R. 3767, Health Professionals Scholarship Program Improvement Act of 2025, was reported to the full House of Representatives.
- H.R. 3863, VA Mental Health Outreach and Engagement Act, was reported to the full House of Representatives.
- H.R. 3494, VA Hospital Inventory Management System Authorization Act, was reported to the full House of Representatives.
- H.R. 3951, Rural Veterans’ Improved Access to Benefits Act of 2025, was reported to the full House of Representatives.
- On July 24, 2025, the Senate Health, Education, Labor, and Pensions (HELP) Committee held an executive session to consider nominations. Among the nominees was Dr. Brian Christine, of Alabama, nominated to be Assistant Secretary of HHS. The nomination of Dr. Christine was advanced to the Senate floor by a vote of 12-11.
Other Health Policy News
- On July 17, 2025, Senators Roger Marshall, M.D. (R-KS) and John Hickenlooper (D-CO) introduced the Patients Deserve Price Tags Act, a bill aimed at increasing transparency in healthcare pricing. The legislation seeks to ensure that patients can access information about the costs of medical procedures, medications, and services before receiving care. Specifically, it would require public reporting of all negotiated rates and cash prices between plans and providers for services provided at hospitals, ambulatory surgery centers, imaging centers, and clinical labs. Beginning in 2026, hospitals would be required to post prices for all services. Providers or facilities would need to provide patients with detailed itemized bills for each item or service, or an all-in total price for bundled items if offered to the patient as an option. Additionally, the bill would grant group health plans access to claims data and prohibit third-party administrators from restricting data access.
- The full bill text can be found here.
- On July 22, 2025, the House Committee on Ways & Means, Health and Oversight Subcommittees held a joint hearing entitled, Medicare Advantage: Past Lessons, Present Insights, Future Opportunities. The hearing examined the strengths, challenges, and potential reforms within the Medicare Advantage (MA) program. Members acknowledged MA’s growing popularity and its role in providing supplemental benefits and cost savings for many seniors, particularly those from lower-income and minority communities. However, witnesses and Members raised serious concerns about systemic issues, including excessive prior authorization delays, high denial rates, administrative burdens, and lack of transparency, especially in rural and underserved areas.
- Witnesses highlighted the financial strain these issues place on hospitals and providers and the inefficiencies caused by flawed risk adjustment and payment structures. Witnesses stated that these structures contribute to the MA program costing approximately 20 percent more than Medicare Fee-for-Service (FFS), or Traditional Medicare. Witnesses also highlighted several proposals for reform, including enhancing data transparency, modernizing prior authorization through automation, and ensuring equitable access to care.
- A recording of the hearing can be found here.
- On July 23, 2025, HHS Secretary Robert F. Kennedy, Jr. approved a recommendation from the Centers for Disease Control and Prevention (CDC) Advisory Committee for Immunization Practices (ACIP) to eliminate thimerosal, a mercury-based preservative, from all influenza vaccines distributed in the U.S. The decision follows a 5-1 vote by a newly reconstituted ACIP panel, who were appointed following Secretary Kennedy’s dismissal of all 17 members of the previous panel on June 9, 2025. Secretary Kennedy framed the decision as a step to reduce mercury exposure and rebuild public trust in vaccines.
- An HHS press release announcing the decision can be found here.
- On July 24, 2025, President Trump signed an EO entitled, Ending Crime and Disorder on America’s Streets, which outlines a federal initiative to address homelessness, mental illness, substance use, and public safety through expanded civil commitment and revised federal grant priorities. Of note, the EO directs the HHS Secretary to ensure that discretionary grants issued by the Substance Abuse and Mental Health Services Administration (SAMHSA) for substance use disorder (SUD) prevention, treatment, and recovery fund evidence-based programs and do not fund programs that fail to achieve adequate outcomes, including “harm reduction” or “safe consumption” efforts. The EO also instructs the Attorney General, in consultation with the HHS Secretary, to seek reversal of legal precedents that limit the ability to civilly commit individuals with serious mental illness who are a danger to themselves or others or are homeless and unable to care for themselves. It also calls for expanded federal support to states and localities to implement flexible civil commitment and treatment standards.
- The EO instructs federal agencies to assess discretionary grant programs and prioritize funding for jurisdictions that enforce laws against open drug use, urban camping, loitering, and squatting. It also encourages adoption of assisted outpatient treatment and civil commitment for individuals with serious mental illness or SUD. Of note, it directs the HHS Secretary to ensure that Federal funds for Federally Qualified Health Centers (FQHCs) and Certified Community Behavioral Health Clinics (CBHCs) reduce homelessness by supporting comprehensive services for individuals with serious mental illness and SUD, including crisis intervention services. Additional directives include expanding drug and mental health courts, ending support for “housing first” policies, requiring treatment participation for housing assistance, and increasing accountability for homelessness programs.
- The full EO can be found here.
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