Walorski Pushes for New Repeal of Medical Device Tax; Messer’s Reverse Transfer Concept Amended Into Reauthorization Bill

Congresswoman Jackie Walorski (IN-02) has brought forth legislation to suspend the medical device tax for five years. She joined Rep. Erik Paulsen (R-MN) in co-authoring the bill, H.R. 4617, which would delay the implementation of the 2.3% tax that was originally created through the Affordable Care Act. In 2017, Congress delayed the tax for two years, but without intervention it is set to take effect January 1, 2018.

“The job-killing medical device tax would have a devastating impact on Hoosier workers and patients across the country who depend on life-saving medical innovation,” Walorski said. “I am committed to permanently ending this burdensome tax. As we continue working toward repeal, we must protect workers and patients by preventing it from taking effect.”

Congressman Luke Messer (IN-06) and Congresswoman Jackie Walorski (IN-02)

Walorski’s bill was part of a group of legislation introduced by members of the House Ways and Means Committee aimed at stopping Obamacare taxes set to take effect in 2018. The other four measures are:

• H.R. 4618, introduced by Rep. Lynn Jenkins (R-KS), provides relief for two years from the tax on over-the-counter medications, expanding access and reducing health care costs by once again allowing for reimbursement under consumer-directed accounts;
• H.R. 4620, introduced by Rep. Kristi Noem (R-SD), provides relief in 2018 from the Health Insurance Tax (HIT) that drives up health care costs;
• H.R. 4619, introduced by Rep. Carlos Curbelo (R-FL), provides needed relief from HIT for two years for health care plans regulated by Puerto Rico; and
• H.R. 4616, introduced by Reps. Devin Nunes (R-CA) and Mike Kelly (R-PA), delivers three years of retroactive relief and one year of prospective relief from the harmful employer mandate paired with a one-year delay of the Cadillac tax.

Earlier this year, Congressman Luke Messer (IN-06) introduced legislation that encourages a more seamless transition for community college transfer students earning degrees. Messer’s proposal would make it easier for students to earn a degree through a “reverse transfer,” where students who transferred from a community college to a four-year-institution but haven’t completed a bachelor’s degree can apply those additional credits back toward an associate’s degree.

Originally titled the Reverse Transfer Efficiency Act of 2017, it was recently added as an amendment to the Higher Education Re-authorization by the House Committee on Education and Workforce. The provision would streamline credit sharing between community colleges and four-year institutions so transfer students can be notified when they become eligible to receive an associate’s degree through a reverse transfer.

“An associate’s degree can make a huge difference for working Hoosiers,” Messer said. “By making it easier for transfer students to combine credits and get a degree they’ve earned, Hoosiers will have more opportunities to get good-paying jobs and succeed in today’s workforce.” This legislation was supported not only by the Indiana Chamber, but also by Ivy Tech Community College and the Indiana Commission for Higher Education.

National Emergency Declared for Opioid Crisis; Donnelly and Walorski Applaud President’s Action

Building upon the recommendations in the interim report from the President’s Commission on Combating Drug Addiction and the Opioid Crisis, President Trump recently instructed his administration “to use all appropriate emergency and other authorities to respond to the crisis caused by the opioid epidemic.”

Both Sen. Joe Donnelly and Congresswoman Jackie Walorski (IN-02) issued statements supporting the decision:

“I am pleased that President Trump plans to declare the opioid epidemic a national emergency. We know that it will take all of us working together to effectively turn the tide against this public health crisis that has harmed so many families in Indiana and across the country,” Donnelly said. “I hope this declaration will lead to necessary, additional resources for states and local communities to ensure those battling substance use disorders can access treatment.”

Walorski stated: “Opioid abuse is having a devastating impact on our communities, and President Trump’s declaration of a national emergency treats this epidemic with the urgency it requires. I will continue working with my colleagues and the administration to make sure first responders, law enforcement, medical professionals, treatment providers and families in our communities have the tools and resources needed to solve this crisis.”

Congress last year passed into law the Comprehensive Addiction and Recovery Act (CARA), bipartisan legislation to address the nationwide opioid epidemic.

Congresswoman Walorski served on the conference committee that negotiated the final bill, which included two provisions she authored. One requires the Department of Veterans Affairs (VA) to participate in state prescription drug monitoring programs, and the other allows the VA to use FDA-approved medical devices and other non-opioid therapies to treat chronic pain. Donnelly also helped enact CARA, which included several of his provisions. Additionally, Donnelly helped pass the 21st Century Cures Act into law, which includes a $10.9 million federal grant that will support prevention, treatment and recovery services in Indiana.

More recently, in late July, Donnelly introduced a bipartisan package of legislation “aimed at providing the facilities and access to telemedicine needed “to prevent and treat substance use disorder in rural communities.”

Health Care: Donnelly Co-Authors Bipartisan Bill to Speed Up FDA Approvals for Devices; Young Reaches Across the Aisle on ACA

Senators Joe Donnelly (D-IN) and Cory Gardner (R-CO) have re-introduced the bipartisan FDA Regulatory Efficiency Act, which would allow the Food and Drug Administration (FDA) to bring innovative medical devices to market more quickly.

Donnelly stated, “As scientists and innovators across Indiana and our country work to find new cures and therapies, we should be making it easier for them to bring these products safely to those who need them. I’m proud to work with Sen. Gardner on this bipartisan legislation to cut through the red tape at the FDA and safely speed up the approval process.”

The FDA Regulatory Efficiency Act would help the FDA concentrate on high-priority activities by authorizing third parties to approve quality systems of device companies. Authorized third parties could only approve changes that do not involve major technology changes or changes in the use of the product. The legislation would still hold companies accountable for their quality systems, while also helping to alleviate the overwhelmed FDA. Donnelly and Gardner first introduced the legislation in October 2015.

Health Care Reform Notes
Freshman Sen. Todd Young has reached across the aisle in an attempt to find common ground on health care. He recently sent a letter to all Democratic senators urging them to share their views on what’s working and what’s not with the Affordable Care Act. Young is a member of the Senate Health, Education, Labor and Pensions Committee, which will have a key role in shaping the Senate’s version of health care reform.

Congresswoman Jackie Walorski (IN-02) is touting the American Health Care Act (AHCA), as passed in the U.S. House of Representatives, and how it “brings us closer to a better health care system that puts patients first.” Her editorial appeared Sunday in the South Bend Tribune.

Congressman Larry Bucshon, M.D. (IN-08), who sits on the House Committee on Energy and Commerce where he is a member of the Subcommittees on Health, is using his web site to promote the Washington Post’s fact-checking of several recent claims about the AHCA. One is on coverage for those with pre-existing conditions and the other on classification of assault as a pre-existing condition; both claims were deemed untrue.

Federal Report: Keystone XL Pipeline Moves Forward and Other Notes from D.C.

Finally! The long-sought approval for the Keystone XL oil pipeline is in sight. For years, the Indiana Chamber has advocated for the pipeline, which would ship crude from Canada’s western oil sands region to refineries on the Gulf Coast.

This action by the Trump administration reverses one of former President Obama’s most politically charged environmental decisions that came more than a year ago, when construction of the 1,200-mile pipeline was blocked.

In other news:

  • Congresswoman Jackie Walorski (IN-02) helped kick off a small business workshop in South Bend. More than 275 local small business owners attended the Boost Your Business event hosted by Facebook, the National Association of Women Business Owners (NAWBO) and the South Bend Regional Chamber of Commerce. She also participated in a Facebook Live discussion about women in small business with Tanya Allen of NAWBO. Check out the video!
  • The U.S. Chamber of Commerce honored 266 members of the U.S. House of Representatives and 55 members of the U.S. Senate with its annual Spirit of Enterprise Award, given in recognition of their support for pro-growth policies in the second session of the 114th Congress. All Republican members of the Indiana delegation and U.S. Senator Joe Donnelly were given this prestigious honor. The award is based on votes given on critical business legislation as outlined in the U.S. Chamber’s scorecard, How They Voted. Congressional members who supported the organization’s position on at least 70% of those votes qualify. This go-round, the U.S. Chamber scored members on eight Senate votes and 14 House votes related to access to capital for small businesses, ensuring our workforce has the skills necessary for the jobs of tomorrow and helping American manufacturers compete in a global economy. In addition, votes in support of building the U.S. water infrastructure system, protecting intellectual property and updating energy policy also factored into scoring.
  • Last week, Congresswoman Susan Brooks (IN-05) voiced concern about a rising drug issue before the House Committee on Energy and Commerce’s Oversight and Investigations Subcommittee. The focus was on combatting the next wave of the opioid crisis: fentanyl. That drug is 50 times more potent than heroin and 100 times more potent than morphine, and has contributed to more than 5,000 overdose deaths in the U.S. since 2013. This hearing builds on the work from last Congress to combat this crisis. Watch Rep. Brooks’ remarks delivered during the hearing.
  • The Republican-led U.S. Senate voted last Wednesday to block an Obama-era rule that critics said would have led to more citations for workplace safety record-keeping violations. Senators voted 50-48 to block the Occupational Safety and Health Administration rule. The House had voted to do so previously. Employers are required to maintain a log of workplace injuries and illnesses that occur during a five-year span, but an employer may only be cited for failing to keep proper health and safety records within a six-month window. Critics said the Obama administration was trying to extend the penalty window to five years, describing the rule as “an unlawful power grab.” But labor groups, including the AFL-CIO, said the six-month restriction makes it impossible to enforce the record-keeping requirements since the federal government doesn’t conduct regulator inspections of even the most hazardous workplaces and won’t likely find a violation before the window has expired. The labor union said the Obama administration’s rule created no new obligations, but simply made clear that employers have a responsibility to maintain accurate injury and illness records for five years and during this time can be held accountable for violations if the records are inaccurate. The sponsor of the legislation, Rep. Bradley Byrne, R-Alabama, applauded the Senate vote, saying “we should be focused on proactive policies that help improve workplace safety instead of punitive rules that do nothing to make American workers safer.” The legislation goes to President Donald Trump for his signature.
  • Representative Trey Hollingsworth (IN-09), along with Rep. Kyrsten Sinema (AZ-09), introduced the Fostering Innovation Act last week. This bipartisan legislation slashes burdensome regulations that hinder companies that operate on the very edge of scientific and medical breakthroughs. “Indiana is leading the way in medical device and biotech innovation,” said Rep. Hollingsworth. “This bipartisan, commonsense reduction of burdensome regulations will empower many industries throughout the Hoosier state to devote more resources to product innovation, research and development.” At this time, emerging growth companies (ECGs) are exempt from certain regulatory requirements for five years after their initial public offering. One of the requirements EGCs are exempt from is Sarbanes-Oxley Section 404(b) which requires public companies to obtain an external audit on the effectiveness of their internal controls for financial reporting.

Following the Bouncing Election Ball

Random observations and insights from Election Day thus far:

  • Seems that the Secretary of State’s election division received as many inquiries about liquor stores being open (the law was, in a common sense move, changed earlier this year to allow alcohol sales while the polls were open) than problems at the polls. Good news there.
  • A caller to The Times in Northwest Indiana bragged that he voted straight Republican today. The newspaper’s response, on its blog, was: Well, duh!
  • There were early reports (around 7 p.m.) that U.S. Senate frontrunner Dan Coats had practiced his victory speech from the podium at the Indianapolis Marriott. Guess he didn’t mind tempting fate a bit.
  • Interesting to see those U.S. Senate and other TV ads airing in the final minutes before the polls closed. Candidates seeking a last-minute push? Nah! Just the intricacies of televison scheduling.
  • Indy Star’s Matt Tully notes on Chamber webcast that all Republicans leading the congressional primaries were doing so with less than 50% of the vote (current Indiana Rep. Jackie Walorski did move up to 57% a short time later in dominating her race to challenge Joe Donnelly)