Overnight Health Care: GOP senator says drug price action unlikely this year | House panel weighs ban on flavored e-cigs | New York sues Juul

Overnight Health Care: GOP senator says drug price action unlikely this year | House panel weighs ban on flavored e-cigs | New York sues Juul
© Greg Nash

Welcome to Tuesday's Overnight Health Care.

New York is suing Juul, a top GOP senator said not to expect action on drug pricing this year, Senate leaders from both parties are trying to hammer out their differences to pass surprise billing legislation, and a new poll finds Iowans want something other than "Medicare for All." 

We'll start with drug pricing: 

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Top GOP senator: Drug pricing action unlikely before end of year

Don't hold your breath for a drug pricing breakthrough in Congress this year, according to Sen. John ThuneJohn Randolph ThuneSenate to vote on Trump's Canada, Mexico trade deal Thursday Senate braces for Trump impeachment trial Republicans face internal brawl over impeachment witnesses MORE (R-S.D.). 

"I think it would be the triumph of hope over experience to think that we could get it done before the end of the year, but there's a lot of interest in doing something on drug pricing," Thune told reporters on Tuesday. 

The government funding package in December is seen as a possible vehicle for drug pricing measures as well as a range of other topics. Thune said drug pricing "possibly" could be included in that package but that it would be "hard."

What's the holdup? Despite basically everyone saying they want to lower drug prices in some way, obviously how to do that has not been so easy to agree on. 

The House is planning to vote on Speaker Nancy PelosiNancy PelosiRepublicans will pay on Election Day for politicizing Trump's impeachment Trump chooses high-profile but controversial legal team Trump: Impeachment timing intended to hurt Sanders MORE's (D-Calif.) signature bill to lower drug prices, which would allow the secretary of Health and Human Services to negotiate prices on up to 250 drugs per year, next month.

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Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellDems plan marathon prep for Senate trial, wary of Trump trying to 'game' the process Senate GOP mulls speeding up Trump impeachment trial Republicans will pay on Election Day for politicizing Trump's impeachment MORE (R-Ky.), though, has denounced that bill as "socialist" and vowed to block it. He has also declined to support a somewhat more modest bill in the upper chamber from Sens. Chuck GrassleyCharles (Chuck) Ernest GrassleySenate begins preparations for Trump trial Big Pharma looks to stem losses after trade deal defeat Appeals court skeptical of Trump rule on TV drug ads MORE (R-Iowa) and Ron WydenRonald (Ron) Lee WydenHillicon Valley: Biden calls for revoking tech legal shield | DHS chief 'fully expects' Russia to try to interfere in 2020 | Smaller companies testify against Big Tech 'monopoly power' Lawmakers call for FTC probe into top financial data aggregator Overnight Health Care: Progressives raise red flags over health insurer donations | Republican FTC commish backs Medicare negotiating drug prices | Trump moves to protect money for religious groups MORE (D-Ore.). 

Many Republican senators have objected to a provision of that bill that would force drug companies to pay the money back to Medicare if their prices rose faster than inflation. Grassley is trying to build support among his Republican colleagues for the measure.  

Read more here. 

 

House committee considers ban on flavored e-cigarettes

The House Energy & Commerce Committee is expected to pass a bill Tuesday evening that would ban the sale of flavored e-cigarette products, raise the tobacco purchasing age to 21 and prohibit online sales of e-cigarettes. 

Chairman Frank Pallone (D-N.J.), who sponsored the bill with Rep. Donna ShalalaDonna Edna ShalalaOvernight Health Care: Kansas leaders reach deal to expand Medicaid | California to launch own prescription drug label | Dem senator offers bill banning e-cigarette flavors A solemn impeachment day on Capitol Hill Overnight Health Care — Presented by That's Medicaid — House panel unveils rival fix for surprise medical bills | Democrats punt vote on youth vaping bill | Pelosi drug bill poised for passage after deal with progressives MORE (D-Fla.), said its passage was even more important as the Trump administration backs off of its promise to ban flavored e-cigarette products. 

"Congressional action is even more critical after the president retreated from his promise to prohibit flavors in tobacco products that are so popular with our youth," Pallone said. 

"We must advance this legislation in order to prevent losing another generation to tobacco-related illnesses and premature death." 

What's next: Shalala told The Hill today the bill will see a vote on the House floor by the end of the year. But it faces an uphill battle in the Senate, where Majority Leader Mitch McConnell sees raising the tobacco purchasing age to 21 as the best solution to rising youth vaping rates. 

The Energy and Commerce Committee is also expected to pass two bills related to maternal mortality. A bipartisan bill sponsored by Reps. Robin KellyRobin Lynne KellyHillicon Valley: FCC moves against Huawei, ZTE | Dem groups ask Google to reconsider ads policy | Bill introduced to increase data access during probes Dems call out Oracle for lack of diversity on its board Overnight Health Care: GOP senator says drug price action unlikely this year | House panel weighs ban on flavored e-cigs | New York sues Juul MORE (D-Ill.) and Michael BurgessMichael Clifton BurgessOvernight 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 Hillicon Valley: House passes anti-robocall bill | Senators inch forward on privacy legislation | Trump escalates fight over tech tax | Illinois families sue TikTok | Senators get classified briefing on ransomware MORE (R-Texas) would give states the option to extend Medicaid coverage for pregnant women from two months to 1 year after giving birth. The federal government would pay five percent of the expansion for states that decide to participate. 

 

Schumer: Leadership trying to work out competing surprise medical bill measures

Congressional leaders are trying to work out differences between competing measures to protect patients from getting hit with massive, "surprise" medical bills. 

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The effort is a rare area for possible bipartisan action this year, given that lawmakers in both parties and President TrumpDonald John TrumpNational Archives says it altered Trump signs, other messages in Women's March photo Dems plan marathon prep for Senate trial, wary of Trump trying to 'game' the process Democratic lawmaker dismisses GOP lawsuit threat: 'Take your letter and shove it' MORE say that patients should be protected from getting medical bills for thousands of dollars when they go to the emergency room and one of the doctors in the facility happens to be outside of their insurance network.

The push for legislation has set off a lobbying war with insurers on one side, and physicians and hospitals on the other. The competing factions will likely have to be brought together in some fashion if legislation is to pass. 

Sources say that Schumer is sympathetic to the concerns raised by hospitals to the bill that passed out of the Senate Health Committee in June, and which was led by Sens. Lamar AlexanderAndrew (Lamar) Lamar AlexanderGOP threatens to weaponize impeachment witnesses amid standoff Trump's trial a major test for McConnell, Schumer Trump Jr. to stump for ex-ambassador running for Tennessee Senate seat MORE (R-Tenn.) and Patty MurrayPatricia (Patty) Lynn MurrayDemocrats request briefing on intel behind Trump's embassy threat claim Democrats ask if US citizens were detained at border checkpoints due to Iranian national origin Overnight Health Care: Trump knocks 'mini Mike Bloomberg' over health care | Appeals court skeptical of Trump rule on TV drug ads | Oklahoma sues opioid distributors MORE (D-Wash.). But the Greater New York Hospital Association, in Schumer's home state, is one of the leading opponents of that bill. 

Asked on Tuesday if he supported the Senate Health Committee's bill and about the New York hospitals' concerns, Schumer did not take a side, but said that lawmakers are trying to work out the dispute. "Look, I think we have to do something about surprise billing, and there are two different proposals, and I think the leadership is working that out," Schumer said. 

Read more here. 

 

New York sues Juul, saying company took 'a page from Big Tobacco's playbook'

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New York on Tuesday became the second state in as many days to file a lawsuit against e-cigarette manufacturing giant Juul. 

New York Attorney General Letitia James (D) said Juul "took a page from Big Tobacco's playbook" by engaging in deceptive business practices, and illegally sold its products to minors through its website and in third-party retail stores throughout the state.

According to the complaint, Juul's advertising and social media posts misled consumers about the content of its products by failing to warn that they contain nicotine. 

The lawsuit seeks to require Juul to stop targeting minors and pay fines associated with the deceptive marketing and illegal sales allegations. 

Juul is facing numerous state and federal investigations about the role it played in what public health officials have called an "epidemic" of youth vaping. 

California announced a lawsuit against Juul on Monday, and North Carolina was the first state to sue Juul earlier this year. 

Read more on the latest lawsuit against Juul here.

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Campaign for Tobacco Free-Kids partners with conservative groups to push for flavors ban 

The Campaign for Tobacco Free-Kids partnered with former Trump health care adviser Katy Talento, the Concerned Women for America (CWA) and other conservative groups to push President Trump to clear the market of flavored e-cigarette products. 

"We urge you to continue standing with America's kids and families against predatory companies like Juul and implement this plan without delay," reads the letter that was sent to Trump Tuesday. 

"We are particularly concerned about recent reports that e-cigarette companies and other tobacco interests have launched an intense pressure campaign against your Administration's plan. We are disappointed that e-cigarette companies are prioritizing the sale and marketing of a highly addictive product over the health and well-being of our children. We urge you to put the health of our children first by rejecting this pressure campaign."

Why it matters: President Trump and his top health officials announced in September it would clear the market of flavored e-cigarette products. But the New York Times and other outlets report Trump backed down from that plan after facing pushback from vapers, conservative groups and the industry. 

But other conservative groups and talking heads like CWA and Laura IngrahamLaura Anne IngrahamBill Kristol on McSally calling CNN reporter a liberal hack: 'I guess I'm liberal' McSally dismisses calls to apologize to CNN's Raju for 'liberal hack' comment: 'Called it like it is' State Department cancels two classified congressional briefings on Iran, embassy security MORE have urged Trump to stay the course. 

"By joining together, we seek to underscore the severity of this public health crisis that is affecting children and families across our nation and the broad support across the political spectrum for your Administration's plan to clear the market of flavored e-cigarettes," the groups wrote in the letter. 

 

Majority of Iowans want health care option that isn't 'Medicare for All': poll

A majority of Iowans who will likely attend the state's 2020 Democratic caucuses want a health care option other than "Medicare for All," a new poll finds.

More than a third of Democratic respondents in a CNN-Des Moines Register-Mediacom poll -- 36 percent -- support Medicare for All, but nearly as many others -- 34 percent -- want a public option to buy into, CNN reports.

Another 20 percent want to restore old provisions from the Affordable Care Act (ACA).

Combined, 54 percent -- more than half of respondents -- want a health care option that is not Medicare for All, CNN noted.

The likely caucusgoers who support progressive Democratic presidential candidates advocating for Medicare for All, particularly Sens. Bernie SandersBernie SandersSanders to headline Iowa event amid impeachment trial Hill.TV's Saagar Enjeti rips Sanders over handling of feud with Warren On The Money — Presented by Wells Fargo — Sanders defends vote against USMCA | China sees weakest growth in 29 years | Warren praises IRS move on student loans MORE (I-Vt.) and Elizabeth WarrenElizabeth Ann WarrenSanders to headline Iowa event amid impeachment trial Hill.TV's Saagar Enjeti rips Sanders over handling of feud with Warren On The Money — Presented by Wells Fargo — Sanders defends vote against USMCA | China sees weakest growth in 29 years | Warren praises IRS move on student loans MORE (D-Mass.), are slightly more likely to support the proposal than those who support other 2020 Democrats, according to the news network.

Supporters of former Vice President Joe BidenJoe BidenSanders to headline Iowa event amid impeachment trial Hillicon Valley: Biden calls for revoking tech legal shield | DHS chief 'fully expects' Russia to try to interfere in 2020 | Smaller companies testify against Big Tech 'monopoly power' Hill.TV's Krystal Ball on Sanders-Warren feud: 'Don't play to the pundits, play to voters' MORE and South Bend, Ind., Mayor Pete ButtigiegPeter (Pete) Paul ButtigiegSanders to headline Iowa event amid impeachment trial Hill.TV's Krystal Ball on Sanders-Warren feud: 'Don't play to the pundits, play to voters' Poll: Sanders holds 5-point lead over Buttigieg in New Hampshire MORE are more interested in a public option, the pollsters found.

Read more on the poll here.

 

What we're reading

Juul wanted to revolutionize vaping. It took a page from Big Tobacco's chemical formulas (Los Angeles Times)

How Purdue planted its 'anti-story' and delayed the reckoning for its role in the opioid epidemic (Stat/Pro Publica)

Top Democratic consultants working for anti-Medicare for All campaign (The American Prospect)

Doctors who helped develop heart drug now balk at $225,000-a-year price (Bloomberg)

 

State by state

Seattle children's hospital closing 10 operating rooms after mold kills six (Newsweek)

New California law may expand use of HIV prevention drugs, with caveats (California Healthline)

With no state budget, North Carolina's Medicaid overhaul will be delayed (News & Observer)

 

From The Hill's opinion page

Death from alcohol overuse can be prevented with medications