Rep. Joe Barton (R-Texas) said he was unaware of any Republicans supporting the Health Data Collection Improvement Act, one of 16 public health bills being marked up by the Energy and Commerce health subpanel Thursday. The bill, introduced by Rep. Tammy Baldwin (D-Wis.), would ensure that all Health and Human Services programs and surveys provide for the voluntary collection of data on the sexual orientation and gender identity of people who apply for the services or respond to the surveys.

The other 15 bills coming up Thursday morning are believed to be uncontroversial.

Consideration of the Arthritis Prevention, Control and Cure Act of 2009 will occur in the full committee next week, panel Chairman Frank Pallone Jr. (D-N.J.) said. The bill's sponsor, Rep. Anna Eshoo (D-Calif.), is out of Congress because of a family emergency.

The other bills are:

- H.R. 758, Pediatric Research Consortia Establishment Act

- H.R. 1032, Heart Disease Education, Analysis Research, and Treatment for Women Act

- H.R. 1230, Bone Marrow Failure Disease Research and Treatment Act of 2009

- H.R. 1347, Concussion Treatment and Care Tools Act of 2009

- H.R. 1362, National MS and Parkinson's Disease Registries Act

- H.R. 1995, Eliminating Disparities in Diabetes Prevention Access and Care Act of 2009

- H.R. 2408, Scleroderma Research and Awareness Act

- H.R. 2818, Methamphetamine Education, Treatment, and Hope Act of 2009

- H.R. 2941, Johanna’s Law Reauthorization

- H.R. 2999, Veterinary Public Health Workforce and Education Act

- H.R. 5354, Gestational Diabetes Act of 2009 or GEDI Act

- H.R. 5462, Birth Defects Prevention, Risk Reduction, and Awareness Act of 2010

- H.R. 5986, Neglected Infections of Impoverished Americans Act of 2010

- H.R. 6012, To direct the Secretary of Health and Human Services to review uptake and utilization of diabetes screening benefits and establish an outreach program with respect to such benefits, and for other purpose

- H.R. 6081, Stem Cell Therapeutic and Research Reauthorization Act of 2010

In a speech tailored to rally Hispanics behind Democrats in November, President Obama this week trumpeted the benefits of the new healthcare law for the Latino population.

"If millions of Latinos end up in the emergency room because they don’t have healthcare, it’s not just a problem for one community, but for our country," Obama said Wednesday at the Congressional Hispanic Caucus Institute's annual awards banquet in Washington.

"That’s why we passed health insurance reform for Americans who are sick of being gouged by insurance companies that jack up rates and deny coverage because you have a pre-existing condition. Now millions of Americans with insurance can get free preventive care. Now 9 million Latinos and tens of millions of Americans will be able to afford quality healthcare for the first time."

Left unmentioned was a major criticism of the reform law among Congressional Hispanic Caucus (CHC) members: that it doesn't allow illegal immigrants to buy insurance plans on state-based exchanges even if they pay the full cost out of their own pockets. By contrast, the initial House-passed reform bill, while prohibiting illegal immigrants from receiving any taxpayer subsidies, would have allowed those folks to purchase exchange coverage using their own money.

CHC members had argued that such a prohibition would have the likely consequence of forcing illegal immigrants into emergency rooms rather than encouraging them to get preventive care — an expensive trend for taxpayers, and one that’s been a central rallying point behind the right-wing push to deport all undocumented aliens found living in the country.

Obama on Wednesday acknowledged that his administration has fallen short of its promises to the Hispanic community — particularly in its failure (so far) to pass comprehensive immigration reforms. But if the Republicans take Congress in November, the president argued, Hispanics would fare even worse.

"You have every right to keep the heat on me and the Democrats, and I hope you do," Obama said. "That's how our political process works. But don't forget who is standing with you and who is standing against you. Don't ever believe that this election coming up doesn't matter."

Congress hears concerns with Medicare bidding for homecare supplies: House lawmakers got an earful from providers on Wednesday at an Energy and Commerce health subpanel hearing on the competitive bidding program for durable medical equipment. The new healthcare reform law expands the existing bidding program to 91 metropolitan areas (for a total of 100), but suppliers say the prices offered are too low. More than half of House members - 255 - have signed onto Florida Democrat Kendrick Meek's bill to repeal the program.

A new study released last week adds credence to that argument. "The CB program’s emphasis on price competition may result in unsustainable price reductions, eroding supplier competition based on quality service and equipment, and producing a range of unintended consequences," according to a  Dobson DaVanzo study for the American Association for Homecare. "This could result in Medicare’s most vulnerable beneficiaries experiencing medical complications, increasing their use of hospital, emergency room, and physician care, and losing their ability to live independently." http://bit.ly/dsVu3z

For its part, the Department of Health and Human Services testified Wednesday that the program "can provide savings, value, and benefits to both beneficiaries and the Medicare program, while ensuring delivery of quality items and services." And the Government Accountability Office testified that HHS has fixed many problems with the bidding process since the first round of bidding was terminated in 2008 because of "numerous concerns" with the program. http://bit.ly/cjO1L9

Rep. Gene Taylor on Wednesday became the first Democrat to endorse a GOP effort to repeal the new health reform law.

The Mississippi lawmaker, who voted against the Democrats' law earlier in the year, has signed onto a discharge petition that would force a House vote on a repeal bill offered by Rep. Steve King (R-Iowa), Taylor's office confirmed Wednesday. 

A spokesman declined immediate comment, but conservatives are hardly as reticent. 

Michael A. Needham, CEO of Heritage Action, a branch of the Heritage Foundation, applauded Taylor Wednesday for "choosing principle over party.”

“His commitment to representing his constituents, who have been opposed to Obamacare from the beginning, is refreshing,” Needham said in a statement. 

Sen. Tom Coburn (R-Okla.) on Wednesday outlined his concerns with food-safety legislation that's pending in the Senate.

In a detailed entry on his Web site, Coburn in particular raised concerns with duplication and overlap of responsibilities between the Food and Drug Administration and the U.S. Department of Agriculture. Coburn also objected to the bill's $1.4 billion price tag over five years, not including $230 million directly offset by new fees. 

In the absence of guaranteed future appropriations, Coburn writes, "at best we are just passing it for a press release, and at worse, we shackle the FDA with unfunded mandates."

Coburn's objection might derail what could otherwise be smooth passage of legislation that has bipartisan support in the Senate. The House passed food-safety legislation in July 2009.

The bills in the House and Senate would give FDA the power to recall tainted food, quarantine geographical areas and access food producers’ records.

The chairman and ranking member of the House Ways and Means health subcommittee introduced legislation Wednesday that would allow the Department of Health and Human Services to ban corporate executives from doing business with Medicare if their companies were convicted of fraud, even if the conviction takes place after their departure.

The bill, introduced by Reps. Pete Stark (D-Calif.) and Wally Herger (R-Calif.), would also give the HHS Office of the Inspector General the ability to exclude parent companies that may be committing fraud through shell companies.  

The OIG's chief counsel asked for the two changes during a hearing on Medicare fraud in June, according to the bill's sponsors.

"This legislation gives the Office of Inspector General the authority to go after crooked executives and corporations that continue to bilk Medicare," Stark said in a statement. "Stopping these swindlers will save taxpayer money and protect Medicare beneficiaries. I appreciate the OIG making this request for more authority, and thank my Democratic and Republican colleagues, especially Mr. Herger, for working together to address this issue."

The industry group representing medical devices released a new report on Wednesday that touts the safety of a federal approval process the Obama administration wants to overhaul.

Researchers with Battelle examined more than 47,000 devices approved since 1998 through the Food and Drug Administration's 510(k) premarket review process for low- and moderate-risk devices. Battelle scoured FDA recall notices and press releases and found only 77 Class I recalls, which involve  products that could cause serious injury or death, between Jan. 1, 2005, and May 1, 2010 — a .16 percent recall rate.

"What this study shows is that the 510(k) process has an extraordinary safety record," said David Nexon, senior executive vice-president for the Advanced Medical Technology Association (AdvaMed), which funded the study. "If you look at the data, you'll see a situation where it's hard to imagine any other regulatory process that will have as good a record at weeding out unsafe products before they reach patients."

The FDA is currently debating more than 70 changes to the 510(k) process amid concerns that approval rules are too lax, and will be gathering public input through Oct. 4. AdvaMed supports some changes to the program, such as increased reviewer training, development of additional guidance, and greater communication of reviewer decision rationale to prevent delays and inconsistencies in the program. But the industry argues that the basic expedited review process is sound and should be preserved to help American products get to market quickly and efficiently.

"Our view," Nexon said on a conference call, "is that this study reinforces a message we've putting out for some time: Reform of the 510(k) program is appropriate, but you need a scalpel, not a meat axe."

Rep. Stephen Lynch (D-Mass.) prevailed against a primary challenger Tuesday who sought to punish him for his vote against the healthcare reform bill.

Lynch had 64 percent of the vote to 36 percent for union activist Mac D'Alessandro. The Associated Press called it with 88 of 225 precincts reporting.

Lynch hadn't faced a difficult primary in his five terms in office but his vote against healthcare reform legislation angered unions, some of which campaigned against him. 

D'Alessandro, a first-time candidate for office, served as the New England political director for the Service Employees International Union, which spent almost $300,000 on direct mail and other activities in support of him.

He called Lynch's healthcare vote the "final straw" that prompted him to run.

"It goes all the way back to his vote to authorize the war in Iraq and its continued funding time and time again, even as our economy here at home fell apart,” he told The Hill Monday, also citing Lynch’s anti-abortion position.

Still, healthcare was a big part of D'Alessandro’s campaign.

"I think that his 'no' vote on healthcare was a vote against the interests of middle-income families, middle-class families, working families, not to mention small businesses," he said. "Those are reforms that benefit a lot of working families in this district."

The SEIU said the challenger put up an "impressive result" against the incumbent. 

"Mac D'Alessando may have come up short in his campaign but his impressive result proves that when you stand up for your beliefs you will never stand alone,” SEIU Massachusetts State Council President Mike Grunko said in a statement. "Mac ran for Congress on a set of values and principles that will never waver and a support for working families that make us proud to call him part of our SEIU family."

Lynch wasn't without union support. He was endorsed by the AFL-CIO during the primary, but the union didn't make any independent expenditures on his behalf.

—This story was crossposted from Ballot Box

Sens. Jon Tester (D-Mont.) and George Voinovich (R-Ohio) introduced legislation this week aimed at aligning federal efforts regarding prostate-cancer research, awareness and healthcare delivery.

The bill establishes a federal interagency task force, convened by the Department of Veterans Affairs with representation from the Department of Health and Human Services and the Department of Defense.

Rep. Edolphus Towns (D-N.Y.) is expected to introduce companion legislation to the Prostate Research, Outreach, Screening, Testing, Access and Treatment Effectiveness (PROSTATE) Act of 2010 in the House.

The bill comes as prostate-cancer activists are marking National Prostate Cancer Awareness Month with several requests from lawmakers:

• Increase the National Cancer Institute’s $5 billion annual budget to accelerate basic and treatment sciences research for human prostate cancer from $294 million to a transparent $400 million;

• Increase the appropriation for the Congressionally Directed Medical Research Program for Prostate Cancer at the Department of Defense to $120 million from $80 million;

• Establish an Office on Men’s Health (OMH) in the Department of Health and Human Services equivalent to The Office on Women’s Health (OWH) established in 1991;

• Create a Prostate Cancer Scientific Advisory Board for the Office of the Chief Scientist at the U.S. Food and Drug Administration to accelerate real-time sharing of the latest research data and accelerate movement of new medicines to patients;

• Create human capital by launching more careers of the best and brightest scientists in the U.S. to solve the prostate cancer problem.