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

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

Welcome to Tuesday’s Overnight Health Care. 

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

We’ll start with the 2020 polling news...



Poll finds Trump vulnerable on health care in battleground states

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

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

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

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

Context: The polling comes as President TrumpDonald John TrumpTrump suggests Sotomayor, Ginsburg should have to recuse themselves on 'Trump related' cases Sanders says idea he can't work with Republicans is 'total nonsense' Sanders releases list of how to pay for his proposals MORE has made health care a major focus of his 2020 reelection campaign. Democrats won the House in 2018 running on health care and they are looking to recreate their success heading into the 2020 elections. They think Trump is vulnerable on health care and are looking to highlight the administration’s track record.


Read more on the polling here.


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

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

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

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

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

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


Wyden presses health officials about CBD regulation


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

Sen. Ron WydenRonald (Ron) Lee WydenRussian interference reports rock Capitol Hill McSally unveils bill to lower drug prices amid tough campaign Graham: Trump has 'all the legal authority in the world' to pardon Stone MORE (D-Ore.) sent a letter to acting FDA Commissioner Ned Sharpless, urging the agency to promptly issue guidance that clarifies CBD can be legally used as a food additive and as an ingredient in dietary supplements. Wyden urged the FDA to issue a formal enforcement discretion policy by August 1. 

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

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

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

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



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

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

Chairman Lamar AlexanderAndrew (Lamar) Lamar AlexanderBill Barr is trying his best to be Trump's Roy Cohn The Trump administration's harmful and immoral attack on children Democrats worried about Trump's growing strength MORE (R-Tenn.) said Tuesday that he expects a “big vote.”

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

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





Lawmakers map out path forward on Medicare Part D

Rep. Doris MatsuiDoris Okada MatsuiBottom line Lobbying World Bipartisan food allergy legislation gains ground in Congress, but the fight has only just begun MORE (D-Calif.) and Rep. Brett GuthrieSteven (Brett) Brett GuthrieOvernight Health Care: Big Pharma looks to stem losses after trade deal defeat | House panel to examine federal marijuana policies | House GOP reopens investigation into opioid manufacturers Lawmakers express alarm over rise in cocaine overdose deaths House GOP reopens investigation into opioid manufacturers over role in crisis MORE (R-Ky.) put forward their ideas for improving Medicare Part D during an event on Tuesday at a time when seniors are facing rising out-of-pocket costs and fewer options for affordable medications. 

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

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

Read more here


The Hill's Future of Healthcare Summit 

On Wednesday, June 26th, The Hill will host the Future of Healthcare Summit at Long View Gallery in Washington, D.C. We will discuss some of tomorrow's biggest questions in healthcare with policymakers, health officials and industry leaders. Speakers include Sen. Bill CassidyWilliam (Bill) Morgan CassidyThe Hill's Morning Report — AG Barr, GOP senators try to rein Trump in Overnight Health Care: Nevada union won't endorse before caucuses after 'Medicare for All' scrap | McConnell tees up votes on two abortion bills | CDC confirms 15th US coronavirus case Overnight Defense: Senate votes to rein in Trump war powers on Iran | Pentagon shifting .8B to border wall | US, Taliban negotiate seven-day 'reduction in violence' MORE (R-La.), FDA's Dr. Amy Abernethy, Dr. Ezekiel Emanuel, Nano Vision CEO Steve Papermaster and many more. RSVP and learn more about the summit here


What we’re reading

AbbVie to buy Allergan in a $63 billion drug deal (CNN Business

The 2 big disagreements between the 2020 Democratic candidates on Medicare-for-all (Vox.com

Teens are spending $1,000 a year on vaping — and a crackdown on Juul is making it more expensive (Marketwatch)


State by state

Enrollment drops, eligibility snags and cyber errors in benefit programs trigger concern (Georgia Health News)

Massachusetts residents want government action on high drug prices (WBUR)

California legislature OKs health insurance mandate (AP)