FEHBlog

Tuesday Tidbits

David Ermer–Congress, Medical / Rx research, Mental health care, Patient safety, Rx coverage, U.S. Healthcare–

From Washington, DC

  • Federal News Network informs us
    • “Agencies don’t have to worry about a 1% sequestration on discretionary funds kicking in for a few more months.
    • “The Office of Management and Budget says the requirement to reduce discretionary spending under the Fiscal Responsibility Act (FRA), signed into law in June, wouldn’t take effect until “after full year appropriations are enacted, or April 30, whichever comes first.”
    • “OMB will take no action on Jan. 1, 2024, and no additional action should be taken by agencies to reduce impacted discretionary funding, even though a short-term continuing resolution will be in effect at that time,” OMB wrote in frequently asked questions on 2024 discretionary spending sent to agencies on Dec. 22. “If any discretionary appropriation account remains on a short-term CR past April 30, OMB is required to issue a final sequestration report that compares the annualized appropriation levels provided by all discretionary appropriations bills under current law as of April 30 against the [FRA’s] section 102 interim spending limits. A breach of the section 102 spending limits would require OMB to order a sequestration to bring the current law discretionary appropriations in line with those interim spending limits.”
  • Govexec identifies the federal agencies with the greatest increases and decreases in employee morale in 2023 according to OPM’s 2023 Federal Employee Viewpoint Survey.
  • Fedweek offers a summary of OPM’s current regulatory activities.

From the public health and medical research front,

  • The Wall Street Journal reports,
    • “Immune-boosting drugs have revolutionized cancer care. Now doctors are experimenting with cutting them off.  
    • “Immunotherapies unleash the immune system on tumors. They have extended the lives of people with melanoma, lung and bladder cancers. They have also been a boon for drugmakers, generating global sales of $44 billion in 2022, according to Leerink Partners analysts. 
    • “But some patients are getting more of the drugs than they need, exposing them to side effects and costs they could avoid without risking their cancer recurring. Preliminary research suggests taking the drugs at a lower dose or for a shorter period could be sufficient, but drugmakers haven’t funded the studies needed to confirm the findings. 
    • “We don’t know when to stop,” said Dr. Jedd Wolchok, an oncologist focused on melanoma at Weill Cornell Medicine in New York. * * *
    • “Recalibrating care toward less treatment is a fraught undertaking. Drug companies won’t fund studies exploring whether patients can do as well with less of their products, doctors said. Some doctors and patients worry about pulling back before exhausting their best chance to beat the disease.
    • “There was this dogma that more is better,” said Dr. Mark Ratain, an oncologist at the University of Chicago. 
    • “He is trying to recruit cancer patients to study whether they could do as well with less of Merck’s Keytruda or Bristol-Myers Squibb’s Opdivo, so-called immune checkpoint inhibitors. After three years, he has found just 60 of the 260 patients he wants, and most medical centers have declined to join the trial. “It was going to be difficult to convince people,” he said.”
  • Beckers Payer Issues interviews Kofi Essel, MD, Elevance Health’s first food as medicine program director. Dr Essel “sat down with Becker’s to discuss how Elevance is building a food as medicine strategy intended to eventually touch and improve the lives of its more than 47 million members nationwide.” Check it out.
  • MedPage Today tells us,
    • “The 988 lifeline routes callers to a network of more than 200 state and local call centers that are financially supported by the Substance Abuse and Mental Health Services Administration (SAMHSA), as well as state and local governments. In its first year, according to a July press release from SAMHSA, the lifeline answered nearly 5 million calls, texts, and chats from people looking for help with suicide, mental health, and substance use-related crises; that’s 2 million more contacts than the lifeline received in the previous 12 months, when it was a 10-digit phone number. (That 10-digit number — 800-273-8255 — is still in operation.)
    • “So far, 1.5 years in, things seem to be going well overall, said Michele Gilbert, MPH, senior policy analyst at the Bipartisan Policy Center in Washington, D.C. “Luckily, the implementation of 988 has seen some real success,” Gilbert said in a phone interview. “A lot of the operations have gone relatively smoothly.”
    • “Debbie Plotnick, MSS, executive vice president for state and federal advocacy for Mental Health America, agreed. “We have seen tremendous increases in the number of people who call, and even more importantly, what has improved dramatically is the wait time to speak to an actual human being,” she told MedPage Today. “Going back a couple of years, it could have been up to, like, 2 minutes, and now it’s within 30 or 40 seconds that you are actually connected to a live human being.”
    • “That decrease in wait time may not sound like a lot, but it’s actually “huge,” Plotnick said. “If you’re at the point where you’re going to hurt yourself and you don’t know if anybody in the world cares, 2 minutes can really feel like an eternity. But now calls are being answered very quickly.” She also praised the lifeline’s addition of text and chat options, as well as special lines for veterans, for Spanish speakers, and for LGBTQ+ callers.”

From the U.S. healthcare business front,

  • Beckers Hospital Review points out,
    • “The median hospital operating margin rose to 2% in November after holding steady at 1.6% in September and October, but escalating expenses — including rising drug costs — remain a concern as 2023 draws to a close, according to a Dec. 21 report from Syntellis Performance Solutions, which includes data from more than 1,300 hospitals.
    • “U.S. hospitals began the year with a median operating margin of -0.9%, but that figure has steadily increased and looks set to end the year at a healthier level around the 2% mark in December. November was the ninth consecutive month of positive operating margins. 
    • “While the median hospital margin remains far below pre-pandemic levels, it has shown significant progress in recent months as hospitals continue their recovery after more than a year of negative results. 
  • The Wall Street Journal reports,
    • “Drug company Bristol-Myers Squibb struck a $4.1 billion deal to buy  RayzeBio in a bet on a re-emerging cancer drug technology.
    • “RayzeBio develops radiopharmaceutical drugs, which use targeted forms of radiation that are delivered directly to cancer cells. Earlier products using the technology struggled commercially, but further research led to another wave of promising therapies that can attack tumors while limiting damage to surrounding healthy cells.  * * *
    • “Bristol said the RayzeBio deal is slated to close in the first half of 2024.”
  • and
    • AstraZeneca has agreed to buy Gracell Biotechnologies for a transaction value of $1.2 billion, as part of the former’s efforts to grow its cell therapies business.
    • The acquisition will help grow AstraZeneca’s pipeline of cell therapies for potential treatment of cancer and autoimmune diseases.
    • The transaction is expected to close in the first quarter of next year, AstraZeneca said. 

Holiday Weekend Update

David Ermer–Congress, COVID-19, Medical / Rx research, U.S. Healthcare–

The FEHBlog trusts that everyone is enjoying the holiday season

From Washington, DC,

  • Congress is out of town this week.
  • On December 22, 2023, the President signed into law H.R. 2670,
    • “the “National Defense Authorization Act for Fiscal Year 2024,” which authorizes fiscal year 2024 appropriations principally for Department of Defense programs and military construction, Department of Energy national security programs, Department of State, and Intelligence programs; specifies authorities relating to the U.S. Armed Forces; extends the Foreign Intelligence Surveillance Act; and other matters.”
  • Congress convenes for the second session of this 118th Congress in the first full week of January 2024.

From the public health and medical research front,

  • The American Medical Association tells us what doctors wish their patients knew about the current reigning Omicron sub-variant, JN.1.
  • Medscape points out,
    • “Gut bacteria are stronger together when it comes to preventing infectious diseases.
    • “When a large, diverse community of gut bacteria compete with pathogens for nutrients, the pathogens may not have enough fuel to colonize and invade the body, according to a new study in Science.
    • “The more microbes there are, the more different nutrients they’re likely to eat, increasing the chances of nutrient overlap with the pathogen. The greater the overlap, the better the host is protected, the study found.
    • “The nutrients available to the pathogen are limited,” said lead study author Frances Spragge, a researcher in the Department of Biochemistry, University of Oxford, Oxfordshire. “So, its invasion is blocked.”
    • “It makes sense, said Thomas Schmidt, PhD, professor of microbiology and immunology at the University of Michigan, Ann Arbor. (Schmidt was not involved in the study.) “It’s kind of no surprise that competition for resources is what is providing the colonization resistance,” Schmidt said. “But we didn’t have evidence that that was the case.”
    • “The study is among the first to take a systematic approach to addressing competition between pathogens and specific host microbes, Schmidt said. It’s a step toward identifying microbes that could be useful in treating infections.”

From the U.S. healthcare business front,

  • BioPharma Dive reports,
    • “Bristol Myers Squibb has agreed to acquire Karuna Therapeutics for $14 billion, betting that the biotechnology company’s experimental schizophrenia drug will become a top-selling medicine.
    • “Per deal terms announced Friday [December 22], Bristol Myers will pay $330 a share for Karuna, a roughly 53% premium to its closing price on Dec. 21. Net of the cash that Karuna has on hand, the deal is worth about $12. 7 billion.
    • “The acquisition hands Bristol Myers a closely watched medicine known as “KarXT” that’s currently being reviewed by the Food and Drug Administration as a potential treatment for schizophrenia. The drug is a newer type of medication that doesn’t work like available schizophrenia treatments. It’s already succeeded in three mid- to late-stage trials and, if approved by regulators, could be launched by the end of 2024.
    • “KarXT is also in advanced testing as an adjunctive therapy to existing schizophrenia drugs and as a potential treatment for psychosis in patients with Alzheimer’s disease.
    • “The FDA is expected to make a decision on its use in schizophrenia by Sept. 26 of next year.”

Cybersecurity Saturday

David Ermer–Cybersecurity–

From the cybersecurity policy front,

  • Fortune offers a commentary on the topic aptly titled “A quiet cybersecurity revolution is touching every corner of the economy as U.S., allies ‘pull all the levers’ to face new threats.”
  • Cybersecurity Dive informs us,
    • “The Cybersecurity and Infrastructure Security Agency is seeking comment on a global effort to improve software security through major changes in development practices.
    • “The request for information, released Wednesday, seeks input about how to best incorporate security into the software development life cycle. Specifically, CISA is asking for input on how to tackle recurring software vulnerabilities, how to implement security into higher education, and how to enhance security into operational technology and how secure practices may impact costs.
    • “Our goal to drive forward a future where technology is safe and secure by design requires action by every technology manufacturer and clear demand by every consumer, which in turn requires us to rigorously seek and incorporate input,” CISA Director Jen Easterly said in the announcement.”
  • Federal News Network points out,

    • The Defense Department’s long-awaited proposed rule for the Cybersecurity Maturity Model Certification (CMMC) lays out DoD’s plan to introduce the CMMC requirements over the next three years. The proposed rule, released today [December 22] and scheduled to be published in the Federal Register on Dec. 26, would establish requirements “for a comprehensive and scalable assessment mechanism” to ensure defense contractors are implementing required security protections.

From the cybersecurity vulnerabilities and breaches front,

  • Cybersecurity Dive reports
    • “Comcast’s Xfinity broadband entertainment platform disclosed a massive data breach involving 35.9 million customers on Monday, an incident connected to the ongoing CitrixBleed vulnerability.
    • “Xfinity promptly patched the vulnerability in Citrix software it uses in mid-October and took additional mitigation steps, the company said in an announcement. However, during a routine cybersecurity exercise on Oct. 25, Xfinity found an anomaly in its systems and identified a breach between Oct. 16-19 by an unauthorized party. 
    • “After launching an investigation and contacting law enforcement, on Nov. 16 the company determined that customer data was likely stolen. On Dec. 6, Xfinity determined the compromised data included user names and hashed passwords. In some cases, names, contact information, the last four digits of Social Security numbers, dates of birth and secret questions and answers were accessed.”
  • Health IT Security adds,
    • “Genetic testing company 23andMe notified 6.9 million individuals that their personal information was compromised in October 2023. However, 23andMe had no evidence that there was a data security incident within its systems. Instead, threat actors leveraged credential stuffing, a tactic in which hackers use stolen login information from one account to gain access to other accounts with the same passwords. * * *
    • “The 23andMe breach exemplified the effects that poor cyber hygiene by end users can have on data security. What’s more, the breach’s impact was expanded since access to one account gave hackers further access to other user profiles via the DNA Relatives feature.
    • “Multi-factor authentication (MFA) often emerges as a sensible solution to this issue. The cornerstones of authentication revolve around three factors: something you know, something you have, and something you are. While single-factor authentication requires the user to identify only one of those factors, MFA necessitates that users produce two or more factors, such as a password and a security token, or a pin number and a fingerprint.”
  • CISA added two known exploited vulnerabilities to its catalog on December 21.

From the ransomware front,

  • The American Hospital Association tells us,
    • “The FBI, Cybersecurity and Infrastructure Security Agency and Australian Cyber Security Centre Dec. 18 released a warning about actions and tactics used by the Play ransomware group. The group has impacted a wide range of businesses and critical infrastructure in North America, South America and Europe since 2022, in addition to incidents in Australia in April and November this year. 
    • “The cyber threat actors are presumed to be a closed group, designed to “guarantee the secrecy of deals,” according to a statement on the group’s data leak website. Play ransomware actors use a double-extortion model, which encrypts systems after exfiltrating data; their ransom notes do not include an initial ransom demand or payment instructions; rather, victims are instructed to contact the threat actors via email.” 
  • On December 19,
    • “CISA and the Federal Bureau of Investigation (FBI) released a joint Cybersecurity Advisory (CSA), #StopRansomware: ALPHV Blackcat, to disseminate known ALPHV Blackcat affiliates’ tactics, techniques, and procedures (TTPs) and indicators of compromise (IOCs) identified through FBI investigations as recently as Dec. 6, 2023. The advisory also provides updates to the FBI FLASH BlackCat/ALPHV Ransomware Indicators of Compromise released April 19, 2022.”
  • Bleeping Computer’s The Week in Ransomware” offers details on the ALPHV situation that are worth a gander.

From the cybersecurity defenses front,

  • Dark Reading reports,
    • “Cisco is closing out a busy year of acquisitions with a new deal to boost its multicloud networking and security capabilities.
    • “The networking giant announced its intention to acquire Isovalent, a cloud-native security and networking startup that helped develop two widely used visibility projects, eBPF, Cilium, and Tetragon. The open source technology eBPF provides developers with “unmatched visibility into the inner workings of the operating system,” Cisco said in a statement. The technology presents a way for building security systems that can protect a workload while running, according to the company. * * *
    • “Isovalent will join Cisco Security Business Group after the acquisition closes, which is expected in the second quarter of 2024 (third quarter of Cisco’s fiscal year). The purchase price was not disclosed.”
  • CISA issued a blog post about planned improvements to its cybersecurity information sharing.
    • “Our shared visibility into cyber threats is our best defense. When an organization identifies threat activity and keeps it to itself, our adversaries win. When we rapidly share actionable information across a community of partners, we take back the advantage. And, when we turn actionable information into strategic investments to drive the most important mitigations, we achieve enduring change. In this new year, we encourage every organization to make a commitment- perhaps a New Year’s resolution- to cybersecurity information sharing, including incident information, indicators of compromise, or even feedback and insights that could benefit peers across the Nation. We look forward to sharing more details about TIES and our cyber threat exchange modernization initiatives throughout the year.”

Thursday Miscellany

David Ermer–AHRQ, CDC, Congress, COVID-19, COVID-19 vaccine, Federal employment benefits, Medical / Rx research, No Surprises Act, SDOH, U.S. Healthcare–
Photo by Josh Mills on Unsplash

From Washington, DC

  • Govexec informs us,
    • “President Biden on Thursday issued an executive order implementing his plan to provide civilian federal workers with an average 5.2% pay raise next month.
    • “As first proposed in his fiscal 2024 budget plan last March, the increase amounts to a 4.7% across-the-board boost to basic pay, alongside an average 0.5% increase in locality pay. As authorized in the fiscal 2024 National Defense Authorization Act, which Biden is expected to sign this week, military service personnel also will see an average 5.2% pay raise next year.
    • “An average 5.2% pay increase marks the largest authorized for federal workers since the Carter administration adopted a 9.1% average raise in 1980, as well as a 0.6% increase over last year’s raise, which itself marked a 20-year high.”
  • STAT News reports
    • “Lawmakers are facing down a Jan. 19 deadline to renew a variety of expiring health care programs, so they just tucked away an extra $1.8 billion in a Medicare reserve fund in the NDAA, a Senate aide confirmed. They achieved the savings by extending the Medicare sequester’s end date, and then used some of the funds to pay for World Trade Center Health Program policies to support 9/11 survivors and first responders.
    • “The additional savings went to the Medicare piggy bank, formally known as the Medicare Improvement Fund, referred to in wonky circles as the MIF. Lawmakers will be able to pull from the MIF early next year as they weigh how to fund community health centers and stave off pay cuts to safety-net hospitals. It’s not a fortune, but it’s also nothing to sneeze at, given hospitals are panicked about the prospect of a payment policy passing that would save the federal government $3.7 billion over the next decade. It also gives them some wiggle room if they need to do another short-term extension of the programs.”
  • The American Hospital Association News relates,
    • “The Departments of Health and Human Services, Labor and Treasury Dec. 15 reopened the federal independent dispute resolution portal to process all dispute types. Given the significant backlog resulting from the suspension of operations, the agencies today further extended the deadlines to March 14, 2024, for any IDR deadlines that fell in the suspension timeframe of Aug. 3 through Dec. 14, 2023, or currently have an initiation deadline between Dec. 15, 2023, and March 13, 2024. CMS announced extensions for additional dispute processes, including additional response time for requests for information, extension requests for offer submissions, and additional time to select a certified IDR entity for disputes.”
  • A bipartisan group of Senators sent a letter to the ACA regulators telling them
    • “We are writing in support of the recent decision from the U.S. District Court for the District of Columbia that vacated the 2021 Notice of Benefit and Payment Parameters (NBPP) Final Rule provision that permitted the use of copay accumulator adjustment programs (AAPs) and remanded to the U.S. Department of Health and Human Services (HHS) to interpret the definition of “cost-sharing.” * * *
    • We are disappointed in HHS’s decision to file a notice of appeal of the decision and HHS’s articulated intention to not take any enforcement action against health insurance issuers or health plans that fail to count copay assistance toward the patient’s maximum annual limitation on cost-sharing. Instead of appealing the court’s ruling, we urge you to adopt policies from the 2020 NBPP that strike the right balance of preserving a plan’s ability to control costs while also putting the patient first.”
  • The 2020 NBPP permitted copay accumulators as long as State law did not object. “To date, 19 states, the District of Columbia, and Puerto Rico have banned or limited the use of copay accumulators.
  • Bloomberg reports,
    • “Some of the largest US hospital chains and most prestigious academic medical centers have violated federal rules by not posting the prices they charge for care, according to records obtained by Bloomberg News.
    • “For-profit HCA Healthcare Inc., the nation’s largest hospital system, and big nonprofit operators including Ascension and Trinity Health have been cited for failing to make prices fully available to the public, enforcement letters Bloomberg obtained through a public records request show. So have marquee facilities such as New York Presbyterian Weill Cornell Medical Center, Emory University Hospital and the Hospital of the University of Pennsylvania.
    • “The records reveal the challenges US regulators face as they try to force long-hidden prices into the open to address decades of rising medical expenses. Since 2021, hospitals have been required to be more transparent about what they charge. However, government data show that among 1,750 hospitals regulators evaluated as of early December, about 1,300 facilities — nearly 20% of the hospitals in the US — have been warned they violated rules. 
    • “Most corrected errors after they were pointed out, and officials charged with enforcing the rules say they’ve seen more hospitals complying. Regulators are also working to make the price data more useful.”
  • The U.S. Preventive Services Task Force released a final research plan for prostate cancer screening. Its most recent March 2018 recommendation fell below the A or B level grades required for no-cost coverage when provided in-network. The next stage will be a proposed 2024 recommendation.
    • “The Task Force keeps recommendations as current as possible by routinely updating existing recommendations and developing new recommendations. A multistep process is followed for each recommendation. The Task Force uses gold standard methods to review the evidence and is transparent at each step of the recommendation development process.”

From the public health and medical research front,

  • HR Dive relates,
    • “Physical health in the U.S. has worsened since the onset of the COVID-19 pandemic, a shift that could have detrimental effects on employers, according to Gallup survey results released Dec. 14. 
    • “Both obesity and diabetes are on the rise, Gallup found. The percentage of U.S. adults Gallup determined to have diabetes is 38.4%, up 6 percentage points from 2019 and a hair behind the record high 39.9% recorded last year. The number of respondents who said they have diabetes hit a new high of 13.6%, an increase of 1.1 points since 2019, per Gallup. 
    • “These health effects have practical implications for the U.S. economy. After controlling for factors such as age, income and education, workers with poor physical health — and poor wellbeing generally — suffer greatly enhanced levels of unplanned absenteeism and healthcare utilization (and associated costs) than do their counterparts,” Dan Witters, research director of the Gallup National Health and Well-Being Index, said.”
  • Per Medscape,
    • “A new frontier of brain-based therapies — from GLP-1 agonist drugs thought to act on reward and appetite centers to deep brain stimulation aimed at resetting neural circuits — has kindled hope among [obese] patients like Smith and the doctors who treat them. The treatments, and theories behind them, are not without controversy. They’re expensive, have side effects, and, critics contend, pull focus from diet and exercise. 
    • “But most agree that in the battle against obesity, one crucial organ has been overlooked.
    • “Obesity, in almost all circumstances, is most likely a disorder of the brain,” said Casey Halpern, MD, an associate professor of neurosurgery at the University of Pennsylvania. “What these individuals need is not simply more willpower, but the therapeutic equivalent of an electrician that can make right these connections inside their brain.”
  • The Wall Street Journal similarly reports,
    • “What if the best way to treat your chronic back pain is by retraining your brain?
    • “That’s the premise of a novel approach to chronic pain. Many people feel pain even after a physical injury has healed or when doctors can’t find a physical cause. The approach, called “pain reprocessing therapy,” tries to train the brain not to send false pain signals. Some early results are promising.
    • “In a study published last year in JAMA Psychiatry, 66% of a group of people who did the therapy for a month were pain-free or nearly pain-free up to a year later.
    • “The treatment is still largely in the research stages and typically not covered by insurance, but is being performed in a growing number of centers, including the VA Eastern Colorado Health Care System, which plans to start two clinical trials of the technique next year.” 
  • The American Hospital Association News reports,
    • “A CDC study released Dec. 21 found low COVID-19 and flu vaccination coverage for most adults, and low RSV vaccination coverage for adults aged 60 and older. Antiviral treatments are also being underused, and COVID-19 rebound can happen whether patients receive any, the study said. Among other findings, the report said that most nursing home residents have not received an updated COVID-19 vaccine or RSV vaccine for residents aged 60 and older using shared clinical decision-making.”
  • Unfortunately, Patient Engagement HIT points out,
    • “Few Providers Use [ICD-10] Z-Codes to Document Social Determinants of Health.
    • “Use of Z-codes to document social determinants of health is low, and there are differences in which patients get a Z-code documented, two unrelated studies showed.

From the U.S. healthcare business front,

  • Per Healthcare Dive,
    • “The labor outlook is stabilizing for U.S. nonprofit hospitals as employment increases and healthcare job openings decline, according toa new report from Fitch Ratings. 
    • “Hospital and ambulatory healthcare services payrolls have risen for 22 and 34 consecutive months respectively, according to the credit ratings agency. Wage growth has remained “relatively flat” at 4%. 
    • “Though the statistics indicate the hot labor market is cooling, Fitch said recruitment is still“hyper-competitive.” Health systems may need to offer higher salaries and better benefits to attract talent and dissuade skilled labor from seeking early retirement, the report said.” 
  • BioPharma Dive notes
    • “As ALS research booms, one treatment center finds itself in the spotlight.
    • “Mass General’s Healey Center is at the forefront of ALS research and care.
    • “Still, the complexities of the disease and of drug development have brought hard-felt losses.”
  • Per Fierce Healthcare,
    • “Two of southern California’s largest pediatric providers are planning to come together in 2024.
    • “The parent companies of Children’s Hospital of Orange County (CHOC) and Rady Children’s Hospital-San Diego announced Wednesday an agreement to merge under the new banner of Rady Children’s Health.
    • “The arrangement, which is subject to regulatory review, stands to help the organizations improve patient outcomes, increase access to care, accelerate treatment research and bolster their clinical and nonclinical workforces, the children’s hospitals said in their joint reveal.”

Midweek Update

David Ermer–Congress, COVID-19, Federal employment benefits, U.S. Healthcare–

From Washington, DC,

  • Govexec informs us
    • “So, 2023 is just about history. And Congress, having spent most of our last trip around the sun in political paralysis not surprisingly ran out the year’s clock in the same hardly decorous manner. 
    • “And, frankly, for feds that’s the good news. How so? Each year federal retirees and Social Security recipients get a cost-of-living adjustment that is carefully—if imperfectly—tabulated using a formula that crunches hard inflation data from the wider economy. Current federal employees, on the other hand, get their pay boost—if any—only by way of a political process. This process is governed under the Federal Employees Pay Comparability Act, or FEPCA. And when Congress does not act on this matter in a given year, then the federal pay adjustment comes from a stroke of the president’s pen. 
    • “This year, since Congress took its final recess without passing the customary appropriations bill, the White House almost certainly will issue an alternative pay plan along the lines President Biden proposed months ago: 4.7% base increase and, taking into account locality pay, an average pay boost of 5.2%.” 
  • Per Fierce Healthcare,
    • “The number of people signing up for coverage on Healthcare.gov has crossed 15 million, according to new data from the Biden administration.
    • “The Department of Health and Human Services said Wednesday that as of Dec. 15, 15.3 million people have chosen plans on the Affordable Care Act’s exchanges, surpassing previous records. On that day alone, 745,000 secured marketplace plans, the highest single day ever.
    • “Centers for Medicare & Medicaid Services Administrator Chiquita Brooks-LaSure said in a release that sign-ups are currently up 33% year-over-year.
    • “Dec. 15 was the deadline to secure a plan that kicks in on Jan. 1.”
  • The National Academies of Science posted August 2023 workshop proceedings about “Dietary Patterns to Prevent and Manage Diet-Related Disease Across the Lifespan.”

From the public health and medical research front,

  • CBS News reports
    • “The World Health Organization announced Tuesday it would step up its classification of the new COVID-19 variant JN.1 to a standalone “variant of interest” after tracking the strain’s rapid ascent around the world. Health officials have been careful to say that JN.1 has so far not been found to lead to different or more severe symptoms compared to previous variants.
    • “However, the WHO said JN.1’s “rapidly increasing spread” in multiple parts of the world was enough to warrant ungrouping the strain from its slower-moving ancestor BA.2.86.
    • “JN.1 continues to be reported in multiple countries, and its prevalence has been rapidly increasing globally and now represents the vast majority of BA.2.86 descendent lineages reported,” the WHO wrote.”
    • The article adds that the variant will receive a Greek letter if it is promoted to a variant of concern.
  • The Wall Street Journal adds,
    • “Vaccine makers Pfizer,  Moderna and Novavax have said their updated Covid-19 shots generate immune responses against JN.1’s close parent, BA.2.86. 
    • “Data shows that all of the antibodies are a really good fit, luckily, for JN.1,” said Jeremy Kamil, a virologist at Louisiana State University Health Shreveport. “That’s really good news.”
    • “Kamil pointed out that Covid-19 vaccine uptake has been low this season, some 18% of adults having gotten a shot, according to the CDC.”
  • Health Day informs us,
    • “Standard artificial intelligence (AI) models improve diagnostic accuracy, but systematically biased AI models reduce this accuracy, according to a study published in the Dec. 19 issue of the Journal of the American Medical Association.”
  • Beckers Hospital Review notes,
    • “Amid the rise of the Ozempic, Wegovy and Mounjarno, older weight loss drugs are making a comeback in 2023, just like ripped jeans.
    • “The popular new weight loss drugs gaining attention still remain inaccessible for many due to pricing, insurance coverage or lack thereof, and shortages, which is why some adults are now turning to older weight loss drugs instead, CNN reported Dec. 20.
    • “As a result, there have been increasing prescriptions for drugs that are more within grasp. According to CNN, prescriptions for bupropion — an antidepressant medication used also to aid patients in quitting smoking with a side effect of weight loss — went up 29% between 2017 and 2023. Additionally, prescriptions for another drug, phentermine — a weight loss drug approved by the FDA in 1959 — rose 34% during the same time frame, according to the outlet.”

From the U.S. healthcare business front,

  • The International Foundation of Employee Benefit Plans has named this year’s top six benefit trends.
  • Per Healthcare Dive,
    • “Philadelphia-based Jefferson Health and Allentown, Pennsylvania-based Lehigh Valley Health Network announced on Monday they signed a non-binding letter of intent to combine.
    • “If approved, the merger would join Jefferson’s hospital system with Lehigh’s 13 facilities to form a 30-hospital system with more than 62,000 employees. 
    • “Jefferson Health’s chief executive, Joseph Cacchione,will remain at the helm of the new enterprise, according to the release.”
  • and
    • “Froedtert Health and ThedaCare have finalized their merger, the systems announced Tuesday. The combined Wisconsin health system will launch on Jan. 1, 2024. * * *
    • “ThedaCare’s medical network includes eight hospitals and a medical network that serve residents in 17 counties in northeast and central Wisconsin. Froedtert provides healthcare services in southeast Wisconsin through ten hospitals and 45 health centers and clinics.”
  • and
    • “UnitedHealth and its pharmacy benefit manager OptumRx are being sued by an independent pharmacy for allegedly strong-arming pharmacies into agreeing to “unconscionable” performance-based fees, threatening their financial health.
    • “Those fees, called DIR or direct remuneration fees, allow PBMs to retroactively adjust how much pharmacies are reimbursed based on their quality performance. Osterhaus Pharmacy in Iowa is suing OptumRx for allegedly coercing the pharmacies to accept one-sided contracts including the fees — which at times force pharmacies to dispense prescriptions at a loss — or lose access to the millions of beneficiaries with pharmacy benefits through the PBM.
    • “The suit seeks class action status to include thousands of independent pharmacies with similar contracts with OptumRx. Osterhaus brought a similar suit against CVS in September.”

Tuesday Tidbits

David Ermer–Congress, FDA, NIH, No Surprises Act, Rx coverage, SDOH, U.S. Healthcare–
Photo by Patrick Fore on Unsplash

From Washington, DC,

  • Roll Call provides this wrap up.
    • “With no prospect for a border security deal in sight, the Senate was preparing to leave town for the holidays and punt an emergency war funding package into the new year.
    • “Majority Leader Charles E. Schumer, D-N.Y., acknowledged Tuesday that reaching a bipartisan deal on policies to stem the flow of migrants at the southern border would not come together in time for a vote this week. 
    • “While we’ve made important progress over the past week on border security, everyone understands that we have more work to do and it’s going to take more time,” Schumer said on the floor.”
  • The Census Bureau reports, “Births in 2023 once again began to outpace deaths in over half of U.S. states as mortality declined, inching closer to pre-pandemic levels, according to U.S. Census Bureau population estimates released today.”
  • The Food and Drug Administration tells us,
    • “Today, the FDA approved the first test that uses DNA in assessing whether certain individuals may have an elevated risk of developing opioid use disorder. As part of a clinical evaluation, the AutoGenomics Inc. AvertD test is intended to be used prior to first exposure to oral opioid pain medications in patients being considered for a 4-30 day prescription for the treatment of acute pain, such as in patients scheduled to undergo a planned surgical procedure. The AvertD test, a prescription-use only genetic laboratory test for patients 18 years and older, is to be used only with patients who consent to the test and have no prior use of oral opioid analgesics.
    • “Today, the FDA refreshed the Know Your Treatment Options for COVID-19 Consumer Update and reminded consumers that they have several treatment options to prevent hospitalization and other serious complications of COVID-19. The FDA has approved drug treatments for COVID-19 and has authorized others for emergency use. In addition, more therapies are being tested in clinical trials to evaluate whether they are safe and effective in treating COVID-19.” 
  • HHS’s Agency for Healthcare Research and Quality has issued its 2023 National Healthcare Quality and Disparities report.
  • The International Foundation of Employee Benefits Plans tells us,
    • “The Internal Revenue Service (IRS) released Notice 2024-01 providing the percentage increase for calculating the qualifying payment amounts (QPAs) for items and services furnished in 2024 under sections 9816 and 9817 of the Internal Revenue Code. These provisions, added by the No Surprises Act, provide protections against surprise medical bills in certain circumstances. The QPA calculation is required in the case of a plan or issuer that does not have sufficient information to calculate the median of the contracted rates for the same or similar item or service provided in a geographic region. 
    • “For such an item or service furnished in a subsequent year (before the first sufficient information year for the item or service with respect to such plan or coverage or before the first year for which an eligible database has sufficient information to calculate a rate under 29 CFR 2590.716-6(c)(3)(i), and 45 CFR 149.140(c)(3)(i) in the immediately preceding year), the plan or issuer must calculate the QPA by increasing the QPA amount determined for the item or service for the year immediately preceding the subsequent year, by the percentage increase in the U.S. city average consumer price index (CPI-U) over the preceding year.
    • “The percentage increase in the CPI-U for items and services provided in 2024 over the preceding year is the average CPI-U for 2023 over the average CPI-U for 2022. Pursuant to this calculation, the percentage increase from 2023 to 2024 is 1.0543149339. Plans and issuers may round any resulting QPAs to the nearest dollar.”
  • The American Hospital Association News informs us,
    • “The Department of Labor Dec. 19 [proposed to] rescind a 2018 final rule which modified the definition of “employer” under federal law such that more individuals, including sole proprietors, were eligible to participate in association health plans based on geography or industry. That provision was previously vacated by a federal judge in 2019 and was appealed by the Trump Administration. In 2021, a stay was requested by the Biden Administration while it worked on a proposed rule to rescind the 2018 final rule.” 
  • The New York Times offers an overview of the approaches the Congress is considering to ease prescription drug shortages.

From the public health and medical research front,

  • JAMA provides the following key points from a recent study,
    • “Question  What is the impact of dietary sodium intake on blood pressure in middle-aged to elderly individuals?
    • “Findings  In this prospectively allocated diet order crossover study of 213 individuals, 1 week of a low-sodium diet resulted in an average 8–mm Hg reduction in systolic blood pressure vs a high-sodium diet, with few adverse events. The low-sodium diet lowered systolic blood pressure in nearly 75% of individuals compared with the high-sodium diet.
    • “Meaning  In this trial, the blood pressure–lowering effect of dietary sodium reduction was comparable with a commonly used first-line antihypertensive medication.”
  • Newly installed NIH Director Monica Bertagnolli offers her first Director’s blog on the topic of “Turning Discoveries to Health for All.”
  • Axios reports, “The new highly effective class of anti-obesity drugs has often been talked about as an alternative to bariatric surgery — but medications like Wegovy are increasingly being paired with the procedure.”
    • “Between 20% and 35% of patients who receive the most commonly performed bariatric surgery gain back most of the weight or fail to hit a certain target for body mass index.
    • “Combining one of the GLP-1s with bariatric surgery or endoscopic bariatric therapy, which is a less invasive procedure, “provided significant weight loss” when compared with those procedures alone, according to a systemic review of 11 studies that was published in the Journal of the Endocrine Society this month.
    • “The drugs will revolutionize for sure the landscape of bariatric treatment,” Enrique Elli, a bariatric surgeon at the Mayo Clinic, told Axios. “As a surgeon, I welcome these drugs because I think that will make bariatric surgery even more effective.”
  • The Wall Street Journal points out, “Hemp Gummies Are Sending Hundreds of Kids to Hospitals. Surge of THC products, vapes has states struggling to regulate the booming market.”
    • “The market has boomed in recent years, especially since 2021. Estimates of its size vary, but research firm Whitney Economics approximates the hemp-derived cannabinoids market at $28 billion—about the same size as craft beer and legal marijuana. About 10% of that figure represents products containing cannabidiol, or CBD, which isn’t intoxicating. ***
    • “The FDA has warned that the intoxicating products are dangerous to children but has said it needs Congress to pass a new law that would allow it to regulate cannabis products generally.
    • “This is a serious public health issue, and a solution is urgently needed,” said Patrick Cournoyer, who helps lead the committee studying cannabis for the FDA.
    • “Federal lawmakers have asked cannabis experts and companies to weigh in on possible legislation. Many of those invested in the debate hope Congress will address the issue in the Farm Bill next year.”

From the U.S. healthcare business front,

  • Per Healthcare Dive,
    • “Federal antitrust agencies on Monday finalized stricter guidelines for mergers and acquisitions that could make it more difficult for healthcare deals to close.
    • “The guidelines lay out a framework that the Department of Justice and Federal Trade Commission use when reviewing proposed deals and that the courts can reference in overseeing challenges. However, the guidelines are not legally binding themselves.
    • “The final merger guidelines are not meaningfully different from draft guidelines the DOJ and FTC released in July, according to antitrust experts.”
  • KFF has posted a report captioned “Recent Trends in Medicaid Outpatient Prescription Drug Utilization and Spending.”
    • Key findings include:
      • Even though Medicaid enrollment reached historic levels during the continuous enrollment period, Medicaid prescription drug utilization remained below FY 2017 levels through FY 2022.
      • Net spending (spending after rebates) on Medicaid prescription drugs is estimated to have grown in recent years, increasing from $29.8 billion in FY 2017 to $43.8 billion in FY 2022, a 47% increase.
      • Despite lower utilization, Medicaid spending on prescription drugs has increased, and both states and the federal government continue to take action to combat rising costs.
    • These findings are noteworthy because, typically, Medicaid receives the lowest available prices for prescription drugs.

Monday Roundup

David Ermer–Congress, Generative AI, Medical / Rx research, No Surprises Act, SDOH, Telehealth, U.S. Healthcare–
Photo by Sven Read on Unsplash

From Washington, DC,

  • The New York Times reports,
    • “The prospects for passing legislation to speed military aid to Ukraine this year are fading, as Republicans balk at striking a quick deal on immigration policy changes they have demanded in exchange for allowing the bill to move forward.
    • “After a weekend of intensive bipartisan border talks yielded progress but no breakthrough, Senator Chuck Schumer, Democrat of New York and the majority leader, acknowledged on Monday that negotiators were still far from completing a deal.
    • “It’s going to take some more time to get it done,” he said on the Senate floor on Monday afternoon, laying out plans for the week that made no mention of any votes on the aid package for Ukraine.”
  • Govexec tells us that “The Senate on Monday voted 50-11 to confirm former Maryland Gov. Martin O’Malley as commissioner of the Social Security Administration, ending a drought of more than two years in which the embattled agency lacked a permanent leader at the helm.”
  • Fierce Healthcare informs us,
    • “The Biden administration on Monday released amended fees related to independent dispute resolution under the No Surprises Act.
    • “In the amended final rule, CMS said it will instead set an administrative fee of $115 for disputes that are subject to the rule. A separate rule, which is up for comment until Jan. 2, adjusts the fees for disputes initiated after Jan. 1, 2025. * * *
    • “In addition, CMS outlined ranges for certified IDR entity fees, which the arbiters charge for determinations. Under the rule, the agency finalized a range of between $200 and $840 for a single determination and between $268 and $1,173 for batch rulings.
    • “These fees are also set annually, and IDRs can request to update them once each year, which the feds must approve.”
    • The rule takes effect on January 20, 2023.

From the public health and medical research front,

  • STAT News points out,
    • “As more data emerges that obesity drugs like Wegovy can reduce complications from heart and kidney problems as well, scientists have been wondering whether these benefits are driven by weight loss alone or also by other mechanisms.
    • “A new study suggests that one possible contributor is the drugs’ ability to reduce inflammation independent of weight loss.
    • “In mice experiments, scientists found that the treatments, known as GLP-1-based drugs, acted through the brain to reduce inflammation throughout the body. This was over a short period of time before the mice lost weight, according to the study, published Monday in Cell Metabolism.
    • “Though the researchers only studied mice, and didn’t look at how much the reduced inflammation translates to actual health benefits, they detailed a previously unknown mechanism of GLP-1 drugs that may help explain their effects on organs throughout the body.
    • “This is a new model for the anti-inflammatory actions of GLP-1” drugs, said Daniel Drucker, senior author of the study and a senior scientist at the Lunenfeld-Tanenbaum Research Institute.”
  • JAMA Pediatrics provides good news:
    • “Question  Is maternal influenza vaccination during pregnancy associated with a reduction in influenza-associated hospitalizations and emergency department (ED) visits in infants younger than 6 months?
    • “Findings  In this case-control study of 3764 infants younger than 6 months, maternal vaccination was associated with a reduction in influenza-associated hospitalizations and ED visits in infants. Vaccine effectiveness was highest among hospitalized infants, those younger than 3 months, and those born to mothers vaccinated in the third trimester.
    • “Meaning  The findings in this study indicate that maternal influenza vaccination during pregnancy provided important protection for the infant in the first few months of life before infants are eligible for vaccination.”
  • The American Medical Association shares what doctors wish their patients knew about social drivers of health.

From the U.S. healthcare business front,

  • Bloomberg reports
    • “We’re seeing wide price variation even in the same hospitals on the same day based upon the negotiated prices by the differing health insurance carriers or health plans,” said Cynthia Fisher, founder and chairman of the philanthropic group Patient Rights Advocate, , which provides free price data for nearly all of the more than 6,000 hospitals in the US. “For the employers, this is eye-opening.”
    • “Patient Rights Advocate on Dec. 11 introduced a hospital pricing search tool for the public. The organization pointed to prices for an injection of cancer drug Rituximab at Rush University Medical Center in Chicago that ranged from $899.33 for the Cigna Basic/Premier medical plan for Rush employees administered through Allegiance Benefit Plan Management Inc. by the Cigna Group, to $9,260.13 for the Cigna One Health HMO.
    • “If they’re able to offer it at a tenth of the price, why should one employer pay 10 times more?” Fisher said.
    • “Cigna didn’t respond to a request for comment, and a spokesman for Rush said the hospital wasn’t “in a position to speak to something that specific so rapidly.”
    • “Being able to easily compare prices will protect health plans from billing errors and fraud by hospitals and insurers, Fisher said. “The employers and unions that design health plans will be able to benefit from being well-informed about their choices and decisions to seek the best quality of care at the lowest possible prices,” she said.
  • Beckers Hospital Review identifies the thirteen out of twenty most popular prescription drugs that are in shortage and the 25 largest health systems by number of physicians.
  • Healthcare IT News calls attention to the fact that “Now that telemedicine is mainstream, artificial intelligence is helping healthcare providers with imperatives such as patient triage. Early results are promising.”
  • According to Reuters,
    • “High cost, logistical issues and the prospect of potential treatment advances are holding back adoption of the first gene therapies for hemophilia, experts said this week during the American Society of Hematology’s (ASH) annual meeting.
    • “Experimental options discussed at the San Diego meeting included personalized treatments and next-generation gene therapies, many still in the earliest stages of testing.”
  • Benefits Pro lets us know about a “Cigna report [that] outlines the benefits, challenges of value-based care. The Cigna paper suggests that physicians, patients, and health plans tend to recognize the good aspects of VBC, but that change has been slow nonetheless in the private sector.”
  • Per Fierce Healthcare,
    • “Kroger is piloting value-based primary care clinics as it joins a growing list of retailers looking to cash in on the booming sector of senior-focused medical care.
    • “The grocery chain has teamed up with Better Health Group, a provider network, to shift some of its in-store clinics, called The Little Clinic, into primary care centers for seniors, in addition to offering regular services.
    • “Better Health Group is rolling out the value-based model at eight of Kroger’s Altanta-area stores.
    • “The clinics today provide a full range of services from your acute, convenient care to primary care-like functions. About 60% of patients that we see in the clinic don’t have an assigned or designated primary care provider. So, there’s a huge opportunity just in general to serve patients and provide longitudinal care,” said Jim Kirby, chief commercial officer for Kroger Health, in an interview with Fierce Healthcare.”

Weekend update

David Ermer–Congress, COVID-19, Medical / Rx research, Mental health care–

From Washington, DC,

  • The Wall Street Journal adds,
    • “Senate negotiators failed Sunday to reach a deal on a framework for border-security measures that Republicans have demanded as a condition of passing new funding for Ukraine, further slimming the chances of any vote before Christmas.”Senate negotiators failed Sunday to reach a deal on a framework for border-security measures that Republicans have demanded as a condition of passing new funding for Ukraine, further slimming the chances of any vote before Christmas.
    • “The lack of a breakthrough by the self-imposed weekend deadline underscored the difficulties facing the Senate talks, even after the Biden administration signaled it was prepared to make significant concessions on immigration policy. Many Republicans not involved in the discussions have expressed skepticism in recent days about any deal, while progressive Democrats have raised concerns that the White House was bowing to conservative demands.
    • “We’ve got lots of issues to work through, in which there are many different ways to try and address and solve problems,” Sen. Kyrsten Sinema (I., Ariz.) told reporters Sunday evening. “We have to choose the one that works the best and that allows us to earn the votes of both houses [of Congress] and both parties,” she said.”
  • Govexec tells us,
    • “Federal employees must proactively take steps to make their work travel more sustainable under new guidance from the Biden administration, which the White House said would save taxpayer money and help take on the climate change crisis. 
    • “Workers on official business will have to prioritize taking public transit, renting electric vehicles or even riding bikes under a new memorandum from the Office of Management and Budget and a General Services Administration bulletin that updated the Federal Travel Regulation. Agencies should also consider not sending employees on business trips at all, with GSA noting, “In every case, the trip not taken is the least expensive and most sustainable.” 

From the public health front,

  • The University of Minnesota’s CIDRAP tells us,
    • Levels of three main respiratory viruses—SARS-CoV-2, flu, and respiratory syncytial virus (RSV)—remain elevated or are rising, but so far hospital occupancy remains stable, the US Centers for Disease Control and Prevention (CDC) said today [December 15] in its latest data updates.
    • Though levels this year are tracking behind last year at the same time, the CDC—expecting further impact from the viruses—yesterday sent an alert to health providers that underscored an urgent need to vaccinate more people against the three diseases to reduce severity and the potential impact on healthcare systems.
    • In a respiratory virus snapshot today, the CDC said COVID-19 indicators remain elevated and are increasing in some regions, such as the Midwest. The CDC said it expects the proportion of JN.1 viruses, part of the BA.2.86 family, to continue to increase. Scientists and CDC officials are closely watching JN.1, because of mounting evidence of its immune-evasive potential.
    • Meanwhile, flu activity is increasing in most parts of the country. And though RSV activity declined a bit in southeastern states, levels remain high nationally, with trends still rising in other parts of the country as hospitalizations continue to increase in older adults and young children.
  • NPR Shots discusses the use of CPR.
    • “After studying CPR for sixty years, physicians have a sense of which factors tend to be associated with survival. The first is age. I wrote before that older patients do worse with CPR, on average. But that relationship cuts both ways; younger patients sometimes do much better. In 2017, researchers studying a group of about 2,000 patients in Austria found that survival after cardiac arrest at thirty days was around 25% for patients under age 65, but only 4% for patients over 65. A study conducted in Toronto of patients aged 2 to 45 with cardiac arrest found a survival rate of 21%, while average survival for all age groups from cardiac arrest tends to be about 10%.
    • “Another factor is chronic illness. In 2014, researchers examined the effects of diseases like heart failure, cancer, cirrhosis, and kidney failure on the odds of survival in patients that received CPR. Patients with chronic illnesses were significantly less likely to survive to hospital discharge than those without them. The more severe the illness, the less likely was survival. And among the survivors, patients with a chronic illness tended to live just a few more months, while healthier patients often lived for several years. * * *
    • “When you’re young, it might make sense to choose everything, CPR and all. As you age, if you value life above all else, then perhaps you may still opt for CPR, defibrillation, intubation, and everything else a hospital can do when your heart stops, regardless of the odds of futility, or even harm. 
    • “The harm can be considerable. As I wrote in May, CPR can cause bleeding in the lungs, lacerations to the liver, and fractured ribs or sternum. Many survivors of CPR sustain damage to their brains, and may never be quite the same again. All of these outcomes become more likely with age, frailty, or chronic illness – and the likely harm of CPR may begin to outweigh its potential benefit. 
    • “If instead you hope for a gentler, quieter death at the end of your life, with minimal medical interventions, then CPR might not be for you.”
  • The article includes a picture of a person who has no noCPR tattooed on their chest.
  • In the wake of the autopsy results on actor Matthew Perry, Fortune Well discusses ketamine.
    • “What is ketamine?
      • “Ketamine is an anesthetic used by medical providers and veterinarians with some hallucinogenic effects, according to the U.S. Drug Enforcement Administration. A dissociative drug similar to psychedelics like nitrous oxide, it makes users feel detached from their pain, as well as their environment, distorting perception of sight and sound.
    • “What is ketamine approved to treat?
      • “It’s been approved by the U.S. Food and Drug Administration, in low doses, for use as a short-acting anesthetic in humans and animals, and as a nasal spray (esketamine) for treatment-resistant depression in conjunction with another oral antidepressant, according to the DEA. It’s a fast-acting antidepressant, used to bridge the gap while waiting for SSRIs to kick in, which can take weeks.
    • “Can ketamine be used for depression?
      • “Ketamine is only FDA approved for use as a nasal spray in treatment-resistant depression. But it’s increasingly used “off label” for treating depression, suicidal ideation, and chronic pain, according to the U.S. National Institutes of Health’s National Library of Medicine. An increasing number of clinics offer infusions for the treatment of depressions. Patients are monitored during and after the infusion.
    • “Is it possible to abuse ketamine?
      • “It can be used illegally to get high—via an injectable, liquid mixed with other liquids, or a powder to be snorted, mixed in drinks, or smoked. On the street it’s sometimes known by the names Cat Tranquilizer, Cat Valium, Jet K, Kit Kat, Purple, Special K, Special La Coke, Super Acid, Super K, Horse Trank, and Vitamin K. An overdose can lead to loss of consciousness and dangerously slowed breathing, according to the DEA. * * *
    • “What are signs of a ketamine overdose?

Cybersecurity Saturday

David Ermer–Cybersecurity–

From the cybersecurity policy front,

  • Cybersecurity Dive reported on December 13,
    • “The Senate confirmed Harry Coker Jr. as national cyber director Tuesday, ending a 10-month absence of a permanent leader in the role.
    • “The Navy veteran and executive director of the National Security Agency from 2017 to 2019, will lead the Office of the National Cyber Director and its team of about 100 employees after the Senate confirmed his nomination by a 59-40 vote.
    • “Coker joins the White House at a critical time, with the onus now on him to implement the national cybersecurity strategy that aims to shift the responsibility for security to technology manufacturers and vendors instead of customers.”
  • Bank Info Security explains,
    • “In a Friday advisory, CISA said it had performed the assessment in January at the request of a “large organization deploying on-premise software” that the agency did not identify.
    • “The risk and vulnerability assessment is a two-week penetration test of an entire organization. The first week is spent on external testing, and the second week focuses on assessing the internal network. The CISA team identified default credentials for multiple web interfaces and used default printer credentials while penetration testing. Other internal assessment testing found several other weaknesses.
    • “Based on its findings, the agency recommends healthcare and public health sector organizations ensure measures such as enhancing their internal environments to mitigate follow-on activity after initial access, using phishing-resistant multifactor authentication for all administrative access, and segregating networks. It also recommends verifying the implementation of those hardening measures, including changing, removing or deactivating all default credentials.
    • “CISA said its recommendations can apply to all critical infrastructure organizations as well as to software manufacturers.
    • “The agency said that as part of its assessment, its team had conducted web application, phishing, penetration, database and wireless assessments.”

From the cybersecurity vulnerability and breaches front,

  • Cybersecurity Dive reports,
    • “U.S. authorities warn that threat actors linked to the Russian Foreign Intelligence Service (SVR) are exploiting a critical vulnerability in JetBrains TeamCity software as part of a worldwide effort that could lead to extensive supply chain attacks.
    • “The FBI, National Security Agency, Cybersecurity and Infrastructure Security Agency, along with U.K. and Polish authorities, said Nobelium/Midnight Blizzard — a threat group linked to the 2020 Sunburst attacks against SolarWinds — has been targeting hundreds of unpatched TeamCity servers across the globe, which are widely used for software development. 
    • “The hackers have not yet launched supply chain attacks, but have used their initial access to escalate privileges, move laterally within systems and install malicious backdoors in preparation for larger attacks, authorities said.”
  • and
    • “CitrixBleed isn’t going away: Security experts struggle to control critical vulnerability. While officials echo urgent mitigation steps to contain the zero-day vulnerability, high-profile organizations continue to bear the impact.”
  • CISA added a known exploited vulnerability to its catalog on December 11.

From the ransomware front, Bleeping Computer’s Week in Ransomware is back this week.

From the cybersecurity defenses front,

  • CISA offers insights from its intensive risk assessment project discussed above under cybersecurity policy.
    • Here are the headlines:
      • “ACTIONS TO TAKE TODAY TO HARDEN YOUR INTERNAL ENVIRONMENT TO MITIGATE FOLLOW-ON ACTIVITY AFTER INITIAL ACCESS.
      • “Use phishing-resistant multi-factor authentication (MFA) for all administrative access.
      • “Verify the implementation of appropriate hardening measures, and change, remove, or deactivate all default credentials.
      • “Implement network segregation controls.”
  • ISACA offers five things for various professionals to put on their 2024 to-do lists. Here are the five things for cybersecurity and privacy professionals. Check them out.
  • Security Boulevard discusses the next great line of defense, security as a code (SaC).
    • “Security as Code (SaC) is the practice of building and integrating security into tools and workflows by identifying places where security checks, tests, and gates may be included.”

Friday Factoids

David Ermer–FDA, HSA, Medical / Rx research, NIH, No Surprises Act, Rx coverage, U.S. Healthcare–
Photo by Sincerely Media on Unsplash

From Washington, DC,

  • The American Hospital Association News tells us,
    • “The Departments of Health and Human Services, Labor, and the Treasury Dec. 15 reopened the federal independent dispute resolution portal to process all dispute types, including previously initiated batched disputes, new batched disputes, and new single disputes involving air ambulance services. The departments also have extended the applicable deadlines to initiate new batched disputes and new single disputes involving air ambulance services, resubmit disputes determined by certified IDR entities to be improperly batched, and select or reselect a certified IDR entity. For details, see the [lengthy] announcement. 
  • In Department of Health and Human Services news,
  • and
    • “A paper published today in JAMA Network Open addresses the use of healthcare algorithms and provides the healthcare community with guiding principles to avoid repeating errors that have tainted the use of algorithms in other sectors. * * *
    • “The paper, Guiding Principles to Address the Impact of Algorithm Bias on Racial and Ethnic Disparities in Health and Health Care, may be found in JAMA Network Open is available here. The journal also links to an accompanying podcast interview of panel co-chairs Marshall Chin, MD, MPH, and Lucila Ohno-Machado, MD, PhD, MBA. The final EPC report, Impact of Healthcare Algorithms on Racial and Ethnic Disparities in Health and Healthcare, can be found here.”

In Food and Drug Administration news,

  • From Bio-Pharma Dive,
    • “The Food and Drug Administration on Thursday broadened use of a drug Merck & Co. acquired in a $1 billion buyout four years ago, clearing Welireg for use in people whose kidney tumors have progressed following treatment with two other types of medicines. 
    • “Approval was based on a trial that compared Welireg to an older therapy called everolimus. Merck’s drug reduced the risk of cancer progression or death by 25% compared with everolimus and shrank or eliminated tumors in 22% of people who received it. Welireg hasn’t yet proven it can help kidney cancer patients live longer, however. 
    • “Merck inherited Welireg when it bought biotechnology company Peloton Therapeutics. Since then, the drug’s been cleared for use in a rare condition called von Hippel-Lindau disease and now kidney cancer. Merck is studying its potential in other settings as well.”
  • From MedTech Dive,
    • “Glaukos Corporation received Food and Drug Administration approval for a drug-releasing implant that is designed to reduce intraocular pressure in patients with ocular hypertension or open-angle glaucoma. The implant was approved for single administration per eye.
    • “The device continuously delivers a formulation of travoprost, an established treatment for high pressure in the eye, to provide patients with an alternative to eye drops and remove the risk that noncompliance with the treatment regimen will affect outcomes.
    • “Glaukos failed to secure approval for repeat dosing but plans to work with the FDA to change the label. The wholesale acquisition cost (WAC) is $13,950 per dose, or implant, well above analysts’ expectations. William Blair analysts estimated the price would fall in a range of from $3,000 to $4,000 per implant, while BTIG analysts said they modeled a price of $5,000.”
  • and
    • “Medtronic has gained the first approval from the Food and Drug Administration for a pulsed field ablation (PFA) system to treat atrial fibrillation (AFib), pulling ahead of other medtech companies in the race to bring the technology to the U.S. market.
    • “The treatment approach has garnered attention as a safer alternative to radiofrequency and cryoablation techniques for addressing the abnormal heart rhythm, and Boston Scientific and Johnson & Johnson are pursuing the market.
    • “Medtronic, in announcing the FDA’s approval for its PulseSelect PFA system, said the device has demonstrated a 0.7% safety event rate and clinical success rates of 80% in both paroxysmal and persistent AFib patients.”

From the public health and medical research front,

  • The New York Times offers readers’ perspectives on its article about the high and climbing number of pedestrian deaths occurring at night. “Readers share concerns like headlight glare, streetlight design and the aging of American motorists.”
  • HealthDay informs us,
    • “Diabetes drugs, including Ozempic, do not appear to increase the risk of birth defects
    • “Babies born of moms using drugs to control their type 2 diabetes had no greater risk of birth defects than those whose moms used insulin.
    • “Diabetes medications have grown in popularity over the past decade, particularly those in Ozempic’s class.”
  • The Director of the National Institute of Diabetes and Digestive and Kidney Diseases posted his Winter 2023 report.
  • Per Medscape,
    • “Living in food deserts and food swamps — areas with no access to healthy food, and areas with a plethora of unhealthy food options — may raise the risk of dying from postmenopausal breast cancer, a novel ecological study has found. 
    • “Food deserts and food swamps are both bad, but it’s worse in food swamps,” Malcolm Bevel, PhD, MSPH, with Augusta University in Georgia, told Medscape Medical News. 
    • “He presented his research here at the San Antonio Breast Cancer Symposium (SABCS) 2023.” 

From the U.S. healthcare business front,

  • KFF unveiled its updated
    • “Health Spending Explorer, an interactive tool that allows users to explore trends in health spending by federal and local governments, insurers, nursing care, hospital, and other service providers, and consumers.
    • “The tool captures just-released 2022 data from the federal government, when national health expenditures totaled nearly $4.5 trillion. Overall spending rose 4.1% in 2022, with almost all categories of health spending experiencing growth. This rise was muted by lower federal public health spending related to the pandemic. Meanwhile, consumers’ out-of-pocket costs rose 6.6%, a large but less dramatic increase than in 2021.”
  • The Health Care Cost Institute reports,
    • “Healthcare spending continues to grow, and prices are the primary driver. Without addressing high and growing prices, efforts to make care more affordable will not be successful. One way to understand what is going on with prices in employer-sponsored insurance (ESI) is to compare negotiated rates paid in that market to Medicare payments for the same services. New analysis from the Health Care Cost Institute finds that, in 2021, ESI payments for outpatient services were, on average, 287 percent higher than Medicare payments.”
  • Beckers Hospital Review identifies the 25 largest health systems in the U.S. by number of beds, and provides the reasons for fourteen hospital closures.
  • Using the American Medical Association’s health insurance market concentration report, Beckers Payer Issues identifies the cities with the most competitive Medicare Advantage markets.
  • Reuters reports,
    • “Bluebird bio (BLUE.O) said on Thursday a large insurer had agreed to cover its newly approved sickle cell disease gene therapy, easing some investor worries about resistance from other payers over the high price of the treatment.
    • “Bluebird’s treatment, Lyfgenia, was approved along with another gene therapy Casgevy from partners Vertex Pharmaceuticals (VRTX.O) and CRISPR Therapeutics (CRSP.BN).
    • “Bluebird’s price of $3.1 million is nearly $1 million higher than its rival, despite Lyfgenia having a serious safety warning about blood cancer risk. That had raised concerns over whether it would get enough coverage from insurers versus its rival.”
  • and
    • “Drugmaker Novo Nordisk paid U.S. medical professionals at least $25.8 million over a decade in fees and expenses related to its weight-loss drugs, a Reuters analysis found. It concentrated that money on an elite group of obesity specialists who advocate giving its powerful and expensive drugs to tens of millions of Americans.”
  • The Employee Benefit Research Institute factors health savings accounts into the retirement funding picture for Americans.
  • Per Fierce Healthcare,
    • “Two months ago, Elevance Health and Blue Cross and Blue Shield of Louisiana hit the pause button on a potential $2.5 billion merger in the midst of regulatory scrutiny.
    • “The insurers brought the deal back to life this week, though, with BCBSLA filing an updated application on Thursday seeking to reorganize as a for-profit, which would allow it to be purchased by Elevance Health. Per the New Orleans Times-Picayune, many of the plan’s initial proposals remain, but BCBSLA has made changes to the planned nonprofit foundation that will roll out should it be finalized.
    • “The newspaper reported that the Accelerate Louisiana Initiative will receive 91% of the proceeds from the merger.
    • “In a joint statement to Fierce Healthcare, the companies said that the new “filing reflects the input and vision of our communities to ensure that we deliver on these commitments.”
  • and
    • “While its merger with Humana may have fallen through for now, Cigna is attracting plenty of interest for the rumored sale of its Medicare Advantage business, Bloomberg reported.
    • Sources close to the matter told the outlet that Health Care Service Corp. and Elevance Health are “competing” to scoop up the MA segment. Cigna is expecting that the final bids will be submitted next week, according to the report.
    • “Cigna’s Medicare Advantage unit could sell for more than $3 billion, according to Bloomberg. The article noted that talks with HCSC and Elevance Health may not ultimately lead to a sale.
    • “That Cigna was shopping for a potential buyer for its MA business was first reported in early November by Reuters. That report mentioned that Cigna could ultimately elect to hang on to the MA unit if it didn’t find an appealing deal.
  • The Institute for Clinical and Economic Review listed their top ten stories of 2023.