Cotton, Banks Introduce Legislation to Protect Children from “Gender-Transition” Surgery

Source: United States Senator for Arkansas Tom Cotton

FOR IMMEDIATE RELEASE
Contact: James Arnold or Mary Collins Atkinson (202) 224-2353
June 22, 2022 

Cotton, Banks Introduce Legislation to Protect Children from “Gender-Transition” Surgery

Washington, D.C.  — Senators Tom Cotton (R-Arkansas), Josh Hawley (R-Missouri), Marco Rubio (R-Florida), James Lankford (R-Oklahoma), and Steve Daines (R-Montana) introduced the Protecting Minors from Medical Malpractice Act, legislation to help individuals who suffer from potentially sterilizing gender-transition procedures as minors and to allow them to seek justice in court. Representative Jim Banks (R-Indiana) is leading companion legislation in the House of Representatives.

“Gender-transition procedures aren’t safe or appropriate for children. Unfortunately, radical doctors in the United States perform dangerous, experimental, and even sterilizing gender-transition procedures on young kids, who cannot even provide informed consent. Our bill allows children who grow up to regret these procedures to sue for damages. Any doctor who performs these irresponsible procedures on kids should pay,” said Cotton.

“The Biden administration released official guidance recommending irreversible and life-altering surgery for minors too young to apply for a learner’s permit. These procedures lack any solid evidence and have been rejected by public health agencies around the world. Ten years from now, there will be hundreds of thousands of Americans who were permanently scarred by the radical left’s agenda before they reached adulthood. If Democrats truly supported gender-confused children, they’d support our effort to give them legal recourse,” said Banks.

Text of the bill may be found here.

The Protecting Minors from Medical Malpractice Act would:

  • Create a private right of action allowing people who have gender-transition procedures performed on them as minors to sue the medical practitioner who performed the procedure.
    • Allows victims or their legal guardian to sue for declaratory or injunctive relief, compensatory damages, punitive damages, and attorney’s fees
    • Provides a 30-year statute of limitation after the age of majority
    • Gender-transition procedures include puberty blockers, cross-sex hormones, and surgical procedures that change an individual’s body in order to align with an identity at odds with an individual’s biological sex
    • Applicable to procedures performed after the date of passage of this legislation
  • Clarify that federal law cannot be construed to force medical practitioners to offer such procedures.
  • Prohibit federal health funds from going to states that force medical practitioners to perform gender-transition procedures.

The legislation is supported by the American Principles Project, Heritage Action, Family Policy Alliance, Family Research Council, Independent Women’s Forum, Concerned Women for America Legislative Action Committee, Ethics and Public Policy Center, Alliance Defending Freedom, ForAmerica, Eagle Forum, CHANGED Movement.

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Cantwell Advances Bipartisan Bill to Combat Rising Prescription Drug Prices and Root Out Unfair Practices by Pharmacy Benefit Managers

Source: United States Senator for Washington Maria Cantwell

06.22.22

Cantwell Advances Bipartisan Bill to Combat Rising Prescription Drug Prices and Root Out Unfair Practices by Pharmacy Benefit Managers

Bill would increase transparency in drug pricing and hold PBMs accountable for manipulation

Today, the U.S. Senate Committee on Commerce, Science, and Transportation advanced Senator Maria Cantwell’s (D-WA) Pharmacy Benefit Manager Transparency Act, which would increase drug pricing transparency and hold Pharmacy Benefit Managers (PBMs) accountable for unfair and deceptive practices that drive up prescription drug costs at the expense of consumers. The Federal Trade Commission and state Attorneys General would be empowered to enforce the Act. The legislation was approved 19-9 and will head to the full Senate for approval. 

Senator Cantwell, who chairs the Senate Commerce Committee, said the following before today’s vote:   

“Senator Grassley and I introduced Pharmacy Benefit Manager transparency legislation to shine a brighter light on drug pricing marketplace and to prevent unfair and deceptive practices by PBMs that drive up the cost of medications at the expense of consumers. Since 2014, prescription drug prices have gone up 35% while the cost of the goods and services jump just 19%.

“Take insulin for example, a drug that has been available for patients for over 100 years. Insulin price hikes have become a matter of life or death for many Americans with diabetes. Pharmacy Benefit Managers, a middleman in the drug pricing supply chain, today three PBMs control 80% of the prescription drug market operating out of the view of regulators and consumers. PBMs set prescription drug prices to determine whether drugs are covered by an insurance plan and pocket unknown sums of money that might otherwise be passed along to savings to consumers.

“During our subcommittee hearing, we learned how PBMs engaged in spread pricing, which they reimburse pharmacists less than what they would charge insurance plans and keep the difference as profit. In some cases, the pharmacy is reimbursed below the drug purchase price forcing these small businesses to close.

“Our legislation will make it clear that the FTC should use its authority to stop spread pricing, unfair claw backs and other deceptive practices. We’ve received letters from organizations representing millions of seniors, pharmacists and oncologists, biotech companies and consumers who’ve long called for increased transparency in today’s PBM market.”

The Pharmacy Benefit Manager Transparency Act of 2022

  • Prohibits Arbitrary, Unfair or Deceptive Practices. Prohibits PBMs from engaging in spread pricing, arbitrarily, unfairly or deceptively reducing or clawing back drug reimbursement payments to pharmacies, and unfairly charging pharmacies more to offset federal reimbursement changes. 
  • Incentivizes Fair and Transparent PBM Practices. Provides exceptions to liability for PBMs that pass along 100% of rebates to health plans or payers and fully disclose prescription drug rebates, costs, prices, reimbursements, fees, and other information to health plans, payers, pharmacies, and federal agencies. 
  • Improves Transparency and Competition.  Requires PBMs to report the amount of money they obtain from spread pricing, pharmacy fees, and clawbacks; any differences in the PBMs’ reimbursement rates or fees PBMs charge affiliated pharmacies and non-affiliated pharmacies; and whether and why they move drugs in formulary tiers to increase costs. Directs the FTC to report to Congress its enforcement activities and whether PBMs engage in unfair or deceptive formulary design or placement. 
  • Protects Whistleblowers.  Protects whistleblowers from being fired or reprimanded for bringing violations to light and ensures employers cannot force employees to waive such protections with pre-dispute arbitration agreements as a condition of employment. 
  • Enhances Enforcement.  Authorizes the FTC and state attorneys general to enforce the Act. 

Text of the legislation is available HERE. Section-by-section HERE.  

Video of Senator Cantwell’s remarks from today’s markup is available HERE, audio HERE, and a transcript HERE.  

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Capito, Manchin Announce $424,636 for Nine West Virginia Healthcare Providers

Source: United States Senator for West Virginia Shelley Moore Capito

WASHINGTON, D.C. – Today, U.S. Senators Shelley Moore Capito (R-W.Va.) and Joe Manchin (D-WV), both members of the Senate Appropriations Committee, announced $424,636 from the U.S. Department of Health and Human Services (HHS) Health Resources and Services Administration (HRSA) to support nine West Virginia healthcare providers. This funding from the Provider Relief Fund (PRF) was included in the CARES Act and other bipartisan COVID-19 pandemic relief packages.“Our health care providers in West Virginia are vital to our communities, which is why it’s so important that we make sure our medical professionals have the resources they need to do their jobs safely and efficiently, both now and in the future,” Senator Capito said. “In West Virginia, especially our more rural communities, our residents rely on smaller hospitals, health centers, and clinics. I’m encouraged to see this funding heading to our state to support these types of facilities, and I will continue to advocate for similar support in the future.” 

“Healthcare professionals across West Virginia continue to go above and beyond to care for their fellow West Virginians, and I’m pleased these nine providers are receiving support through the Provider Relief Fund to continue their critical work,” Senator Manchin said. “As a member of the Senate Appropriations Committee, I will continue advocating for resources to support our healthcare professionals as they care for West Virginians across the Mountain State.”

Individual awards listed below:

 

  • $110,073 – Yore Academy
  • $58,254 – Youth Academy
  • $48,516 – Worthington Mental Health
  • $46,681 – Family Matters Psychological Services
  • $46,294 – GMS Medical Eye Center
  • $45,454 – Dr. Raymond A. Bannan
  • $36,729 – Dr. John A. Palmer
  • $31,706 – Dr. R. Edward Hamrick
  • $929 – Angel Stover

 

# # #

VIDEO: Commerce Committee Advances Capito, Cantwell Equal Pay for Team USA Act

Source: United States Senator for West Virginia Shelley Moore Capito

To watch Senator Capito’s remarks, click here or the image above.

WASHINGTON, D.C. – Today, the Senate Commerce Committee voted to advance the Equal Pay for Team USA Act, legislation authored by U.S. Senators Shelley Moore Capito (R-W.Va.) and Maria Cantwell (D-Wash.), to ensure equal pay for Americans who represent our country in global athletic competitions, like the Olympics, regardless of gender.

“Currently, men and women can be and are paid differently for representing Team USA in the same exact sport,” Senator Capito said. “The Equal Pay for Team USA Act will ensure that all Americans who represent our country in global athletic competition are paid equal and receive equal benefits. It’s that simple, equal pay for equal play. As a woman, a sports fan, and the mother of a female athlete myself, I’m proud to cosponsor and support this legislation, which Senator Cantwell and I have worked on for several years, and happy to see it advance today.”

Senators Capito and Cantwell introduced similar legislation in 2019 and renewed their bipartisan efforts in July 2021 by reintroducing the Equal Pay for Team USA Act.

The Equal Pay for Team USA Act of 2021 would require all athletes representing the United States in global athletic competitions receive equal compensation, benefits, medical care, travel, and reimbursement of expenses, regardless of gender.

The bill applies to 50 different sports’ national governing bodies, and it requires the United States Olympic and Paralympic Committee (USOPC) to conduct oversight and report on compliance with the legislation. 

Organizations supporting the Equal Pay for Team USA Act include:

  • West Virginia University Women’s Soccer Team
  • Alliance of Social Workers in Sports
  • American Volleyball Coaches Association
  • Athlete Ally
  • Center for Sport, Peace & Society – University of Tennessee
  • Champion Women
  • Equality League
  • Geena Davis Institute for Gender in Media
  • National Interscholastic Athletic Administrators Association
  • National Organization for Women
  • National Women’s Law Center
  • Sports Fans Coalition
  • The Female Quotient
  • The Tucker Center – University of Minnesota
  • Trajectory Women
  • UltraViolet
  • UN Women
  • US Squash
  • USA Curling
  • USA Volleyball
  • USA Water Ski & Wake Sports
  • Women Win
  • Women’s Basketball Coaches’ Association
  • Women’s Sports Foundation
  • Wrestle Like a Girl

Text of the legislation can be found here.

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Opening Statement of Ranking Member Capito for Hearing on TSCA Amendments Implementation

Source: United States Senator for West Virginia Shelley Moore Capito

Click here or the image above to watch Ranking Member Capito’s opening remarks from the committee hearing.

WASHINGTON, D.C. – Today, the Senate Environment and Public Works (EPW) Committee held a hearing on the implementation of the Toxic Substances Control Act (TSCA) amendments.

Below is the opening statement of Ranking Member Shelley Moore Capito (R-W.Va.), as prepared for delivery.

“Thank you, Mr. Chairman Carper, and welcome back to the committee, Dr. Freedhoff. It’s nice to have you here.

“Today, we’re holding a hearing, as the chairman as said, on EPA’s ongoing implementation of the Toxic Substances Control Act, or TSCA.

“In 2016, Congress overhauled the TSCA program, strengthening EPA’s authority to evaluate and regulate new and existing chemicals.

“These were a significant bipartisan achievement.

“Among other changes, the revised TSCA program established legally enforceable deadlines for EPA decisions.

“These deadlines are a key facet of the new TSCA, and one I’d like to particularly focus on with today’s hearing.

“Since being confirmed in your role, you have repeatedly stated, including in your testimony today, that a lack of resources is the reason EPA has repeatedly missed statutory deadlines.

“With regards to existing chemicals, you have said: ‘[I]t shouldn’t come as a surprise that we expect to miss every single deadline for the final risk management rules for these first 10 evaluations, and every single deadline for the next 20 risk evaluations.’

“I want to be clear: It does come as a bit of a surprise to hear blanket pronouncements like this, in particular when the appropriations EPA has received over the last few years have been developed through a bipartisan way.

“You have repeatedly blamed the root cause of TSCA delays on the prior administration ‘gutting the program.’

“But, we are now 18 months into the Biden administration.

“Compared to 2016, you have dozens more full-time equivalent employees working within the TSCA program and user fees have risen by over 600%.

“In 2021, EPA issued 146 final determinations on new chemical submissions – fewer than any year of the prior administration.

“Even the Obama administration, which was tasked with standing up an entire new TSCA program, issued 92 determinations from June 23, 2016 until the end of its final year in office.

“In contrast, as of last month, your office has issued final determinations only 23 times for 2022 submissions over a comparable amount of time.

“That is really the crux of the issue we’ll be talking about today.

“Previous administrations were able to do more with fewer resources.

“The question is: Why is that?

“It seems that internal policy changes to the TSCA program are undermining EPA’s ability to meet its statutory obligations.

“Ten risk evaluations finalized between June 2020 and January 2021 have all now been reopened, adding to a more supposedly already overstretched staff’s plate.

“According to your previous statements, impacted communities will now have to wait until at least 2025 to see an eventual risk management rule for these high-priority chemical substances.

“In your requests for more robust funding to the TSCA program, you continually point to the increased workload your office faces.

“It seems to me that a lot of that workload is self-generated mission creep of the TSCA program that’s not required by statute.

“Under the Biden EPA, risk evaluations must now include exposure pathways covered by other EPA-administered statutes like the Clean Air Act and Clean Water Act, as well as assess fence line community exposures.

“Your office has revised risk evaluation models to make highly questionable assumptions that OSHA standards are insufficient and that workers are not routinely wearing PPE.

“Finally, the agency is no longer issuing risk findings for individual conditions of use, but is adopting a ‘whole chemical’ approach.

“Taken together, these policy changes have created a situation where existing chemicals under review will almost certainly face an unreasonable risk determination going forward.

“This expansion of your office’s work beyond what TSCA requires has exacerbated the workload issues and is at odds with the intent of the statute.

“In addition, it seems staff resources have been diverted to programs without existing authorizations, like IRIS and Safer Choice, with EPA prioritizing elective programs over statutorily authorized programs.

“I don’t have to tell you think, but in today’s turbulent economic times, the importance of reliable, efficient domestic supply chains for key technologies like semiconductors and batteries has become increasingly apparent.

“Even feedstocks essential for the Biden administration’s renewable energy priorities, like batteries and solar panels, are being held in regulatory limbo.

“Delays in approving new chemical submissions directly impact our economic and national security and ultimately will help fuel inflation and scarcity.

“We can all agree that everybody will benefit from getting TSCA implementation on track.

“I look forward to hearing what specific actions you plan to take administratively, beyond just requesting additional resources, to fulfill the office’s statutory obligations in a timely and cost-effective manner.

“Thank you. I yield back.”

# # #

Capito, Bipartisan Group Introduce Legislation to Increase Access to Lifesaving Cancer Screenings

Source: United States Senator for West Virginia Shelley Moore Capito

WASHINGTON, D.C. – U.S. Senator Shelley Moore Capito (R-W.Va.) today joined Senators Susan Collins (R-Maine) and Tammy Baldwin (D-Wis.), and a bipartisan group of Senate and House colleagues in introducing the Screening for Communities to Receive Early and Equitable Needed Services (SCREENS) for Cancer Act to reauthorize the National Breast and Cervical Cancer Early Detection Program (NBCCEDP), a lifesaving program that provides breast and cervical cancer screening and diagnostic services for women who are low-income, uninsured, and underinsured who do not qualify for Medicaid.

The NBCCEDP, a partnership between the Centers for Disease Control and Prevention (CDC) and state departments of health, has provided breast and cervical cancer screening and diagnostic services to more than six million women, detecting nearly 75,000 breast cancers and almost 4,000 premalignant breast lesions.

“Simply put, the National Breast and Cervical Cancer Early Detection Program saves lives in West Virginia, and across the country,” Senator Capito said. “Reauthorizing this program is a key component of the SCREENS for Cancer Act, and I’m proud to help introduce it today. As a longtime advocate in the fight against cancer and as a member of the Senate Appropriations Committee, I’ll continue to ensure this vital program can maintain its role in providing access to critical medical services that help avoid often preventable deaths.”

The SCREENS for Cancer Act would reauthorize the NBCCEDP through 2027. The program provides public education, outreach, patient navigation, and care coordination to increase breast and cervical cancer screening rates and reach underserved populations. Without access to early detection programs, many people who are uninsured are forced to delay or forgo screenings, which could lead to late-stage breast cancer diagnoses. This delay can mean that a person may not seek care until the cancer has spread beyond the breast, making it up to five times more expensive and harder to treat.

This SCREENS for Cancer Act would also increase flexibility to NBCCEDP grantees, allowing for a greater emphasis on implementing innovative evidence-based interventions and aggressive outreach to underserved communities through media, peer educators, and patient navigators. At current funding levels, NBCCEDP serves only 15% of the estimated number of eligible women for breast cancer services. The SCREENS for Cancer Act provides additional funding to better support the program and ensure that more women are able to access services.

The SCREENS Act is endorsed by: Susan G. Komen, American College of Obstetricians and Gynecologists, Association of Oncology Social Work, Check for a Lump, Living Beyond Breast Cancer, FORCE: Facing Our Risk of Cancer Empowered, Men Supporting Women with Cancer, National Cervical Cancer Coalition, National Coalition for Cancer Survivorship, National Comprehensive Cancer Network, National Consortium of Breast Centers, National Hispanic Medical Association, National Women’s Health Network, Prevent Cancer Foundation, Sharsheret, Society for Women’s Health Research, Society for Women’s Health Research and TOUCH, The Black Breast Cancer Alliance.

Full text of the legislation is available here.

# # #

Rubio, Colleagues Send Concerns To Biden Over Tariff Moratorium On Imported Solar Panels

Source: United States Senator for Florida Marco Rubio

Washington, D.C. — U.S. Senators Marco Rubio (R-FL) and Rob Portman (R-OH) sent a letter to President Joe Biden regarding his decision to impose a two-year tariff moratorium on imported solar panels. 
 
“Already the United States is over-reliant on China for solar power. Currently, 80 percent of our solar panels come from China or Chinese companies, and this reliance is not market-based. China has used a variety of anti-free market practices, such as industrial subsidies, to come to dominate the solar sector,” the senators wrote. “This is why the United States imposed anti-dumping and countervailing duty (AD/CVD) orders on unfairly traded solar panel imports from China as early as 2012. It is also why the Department of Commerce is actively investigating circumvention of those AD/CVD orders by solar panel producers and exporters in Malaysia, Thailand, Cambodia, and Vietnam. The unprecedented and sweeping tariff moratorium prioritizes foreign solar panels over those made in the United States. We cannot afford to trade dependence on Russian energy for that of Chinese solar panels. It is counter to the national interest to rely on our adversaries for our energy needs.”
 
Click here for a full list of signers.  
 
The full text of the letter is below. 
 
Dear President Biden:
 
We write to express our concern about your emergency declaration, which imposes a two-year tariff moratorium on imported solar panels. We believe this decision increases our dependence on China, rewards unfair trade practices, including labor and human rights violations, undermines American jobs, and represents executive branch overreach.
 
Already the United States is over-reliant on China for solar power. Currently, 80 percent of our solar panels come from China or Chinese companies, and this reliance is not market-based. China has used a variety of anti-free market practices, such as industrial subsidies, to come to dominate the solar sector. This is why the United States imposed anti-dumping and countervailing duty (AD/CVD) orders on unfairly traded solar panel imports from China as early as 2012. It is also why the Department of Commerce is actively investigating circumvention of those AD/CVD orders by solar panel producers and exporters in Malaysia, Thailand, Cambodia, and Vietnam. The unprecedented and sweeping tariff moratorium prioritizes foreign solar panels over those made in the United States. We cannot afford to trade dependence on Russian energy for that of Chinese solar panels. It is counter to the national interest to rely on our adversaries for our energy needs.
 
The tariff moratorium also rewards unfair trade practices which costs U.S. jobs. Fundamentally, the ongoing anti-circumvention investigation is about upholding U.S. law. The Department of Commerce is engaged in a serious, quasi-judicial process to determine whether U.S. law has been violated. To disfigure that process as the result of outside political pressure and climate activism signals to China that our laws are malleable for the right price. The fact that it was considered necessary to preempt the results of the Commerce investigation—which may reach a preliminary determination as soon as August 30, 2022—suggests that the facts of this investigation favor the domestic solar manufacturing industry and not the Chinese companies alleged to have circumvented U.S. law. Our duty is to workers making products in America. A giveaway like this only serves to undermine jobs here in the United States while giving a pass to those using forced Uyghur labor to make these products.
 
Finally, the use of an emergency declaration to effectuate the moratorium is an overreach. Where the statute speaks of waiving tariffs on “food, clothing, and medical, surgical, and other supplies for use in emergency relief work”, the emergency declaration translates those words into the language of climate catastrophe. The declaration transforms a solar panel into something to be eaten, worn, or used in a hospital to treat the sick. Importantly, official import data show no shortage of solar panels with official data showing a year-over-year increase in imports from the circumventing country sources. And solar projects have been announced since the investigation began, demonstrating that reliable supply exists. 
 
In closing, we are disappointed that the climate change agenda has proven to be an effective means to pre-empt and nullify the legitimate claims of U.S. workers and industry before they can be fully considered through the ongoing investigation by your Department of Commerce. To honor those claims, we urge you to end the self-imposed emergency declaration and let the Commerce Department investigation proceed unimpeded so as not to further increase our economic reliance on China.
 
Sincerely,

Rubio, Colleagues Publish Report on Biden Administration Policy Failures Exacerbating Border Crisis

Source: United States Senator for Florida Marco Rubio

Washington, D.C. — U.S. Senators Marco Rubio (R-FL) and Jim Risch (R-ID) published a report titled, Biden’s Border Crisis: Examining Policies that Encourage Illegal Migration.” The report highlights the ways in which the Biden Administration is undermining U.S. efforts to stop the flow of illegal migration, enforce immigration laws, and jeopardizing U.S. security.

Senators John Barrasso (R-WY), Rob Portman (R-OH), Ted Cruz (R-TX), Todd Young (R-IN), Mike Rounds (R-SD), and Bill Hagerty (R-TN) also signed the report. 

 
“For the first time in modern American history, our southern border is no longer controlled by the U.S. government – it is controlled by cartels,” Rubio said. “The Biden Administration’s woke priorities and strategy of appeasement are encouraging mass migration and emboldening dictators in the region. This is a national security threat, and it must be immediately addressed.”
 
“Illegal migration to the United States has reached record-breaking levels since the Biden Administration entered office,” Risch said. “In order to protect U.S. security and regional stability, it’s time the administration establish sound immigration controls within the United States and build political will and capacity in Mexico and the northern Central American countries of El Salvador, Guatemala, and Honduras. Our report offers concrete recommendations to address the root causes of illegal migration and to achieve safety and security at our U.S. southern border and the region at large.”
 
Key findings of the report include:

  • President Biden has reversed important Trump-era reforms that effectively addressed illegal migration, and reinstated failed Obama-era policies. These policies are undermining U.S. efforts to build effective law enforcement and asylum processing mechanisms across Mexico and northern Central America, leading to the highest number of migrants attempting to illegally enter the United States in history.
  • Transnational criminal organizations (TCOs) benefit from and prolong the illegal migration crisis by facilitating and profiting off the smuggling and trafficking of migrants, or by victimizing vulnerable people along the dangerous journey to the United States.
  • The governments of Mexico, El Salvador, Guatemala, and Honduras are falling short on their own domestic and international obligations to address transnational organized crime and illegal migration issues, putting U.S. security at risk. The Biden Administration should seek to enforce these obligations, including the agreements the Trump Administration made with these countries.

 
Key recommendations of the report include:

  • Establish effective immigration controls in the United States:
    • Extend Title 42 until the end of the COVID-19 health emergency.
    • Reinstate the Migrant Protection Protocols and Asylum Cooperative Agreements.
  • Strengthen border security and migration management capacities in the region:
    • Target U.S. assistance in Mexico and northern Central America towards strengthening the capacity, funding, and staffing of migration management and law enforcement agencies in those countries.
  • Target TCO human smuggling and trafficking:
    • Leverage existing bilateral extradition treaties to prosecute transnational criminal actors facilitating illegal migration to the United States. 

NEW: Diabetes Caucus Co-Chairs Shaheen & Collins Release Bipartisan Legislation to Lower Insulin Costs

Source: United States Senator for New Hampshire Jeanne Shaheen

June 22, 2022

**Shaheen-Collins legislation is endorsed by the American Diabetes Association and JDRF**

**In April, Bicameral Co-Chairs of the Senate and House Diabetes Caucuses revealed their top policy priorities to limit out-of-pocket costs for patients with diabetes & encourage insulin manufacturers to reduce list prices **  

Shaheen and Collins hold press conference at the Capitol on Wednesday to announce their new bipartisan legislation to curb the surging costs of insulin. 

(Washington, DC) – U.S. Senators Jeanne Shaheen (D-NH) and Susan Collins (R-ME) – Co-Chairs of the Senate Diabetes Caucus – announced their new bipartisan legislation, the Improving Needed Safeguards for Users of Lifesaving Insulin Now (INSULIN) Act, to lower the skyrocketing costs of insulin. The new, bipartisan legislation builds on Shaheen’s and Collins’ previous effort, increasing measures to encourage insulin manufacturers to reduce list prices, while extending patient protections that will foster competition and broader access to desperately needed insulin products. Shaheen and Collins held a press conference today with advocacy organization representatives and stakeholders to discuss the urgent need to lower insulin costs. 

More than 37 million Americans live with diabetes, including an estimated one in every three seniors. Untreated diabetes can lead to vision problems, nerve damage, kidney failure, heart disease, stroke and ultimately death. It is one of the leading causes of death in the United States, claiming over 100,000 lives in 2021. Diabetes is also the most expensive chronic condition in the nation, costing a total of $327 billion per year. Medical costs for Americans with diabetes are more than double those incurred by individuals without diabetes, and one out of every three Medicare dollars goes to treating people with diabetes.  

Insulin is one of the most expensive categories of drugs purchased by private and government health care payers. The rising cost of insulin presents a barrier to care for a growing number of Americans with diabetes. Out-of-pocket costs increase with list prices, and for people without insurance, the costs are untenable. Between 2012 and 2016, the average list price of insulin nearly doubled. According to the Health Care Cost Institute, the price of an average 40-day supply of insulin rose from $344 in 2012 to $666 in 2016.  

“Access to insulin can be the difference between life and death for many Americans living with diabetes. For far too long, patients have stretched their budgets, rationed insulin and made difficult personal decisions to keep this drug within reach for themselves or those they love. Bringing Democrats and Republicans together to address the surging cost of insulin has long been a priority for us as co-chairs of the Senate Diabetes Caucus, and today, we’re announcing a bipartisan proposal to deliver on that shared goal,” said Shaheen and Collins. “Our legislation would extend direly needed patient protections to Americans living with diabetes by encouraging manufacturers to reduce their list prices of insulin. This legislation is the result of months of good-faith negotiations and input from lawmakers, advocates and experts. It is paramount that Congress acts swiftly, which is why we are calling on Senate leadership to bring our legislation to the floor as soon as possible. There is support on both sides of the aisle for this proposal and the American people cannot – and should not – have to wait a moment longer for relief.”  

“The American Diabetes Association is proud to endorse the INSULIN Act introduced by Sens. Jeanne Shaheen and Susan Collins, legislation that stands to have a historic impact on the diabetes community by dramatically reducing the cost of insulin,” said Lisa Murdock, the American Diabetes Association’s Chief Advocacy Officer. “More than 37 million Americans have diabetes, and one-in-four insulin-dependent people with diabetes report rationing their insulin for economic reasons. We urge Congress to address the prohibitive and rising cost of insulin by passing the INSULIN Act.”  

“JDRF is tremendously grateful for Senators Jeanne Shaheen and Susan Collins for working tirelessly to find a bipartisan solution that would address the exorbitant cost of insulin and make this life-sustaining drug more affordable for those who need it – whether they have insurance or not. We are very pleased that the Insulin Act includes several key provisions we have long been advocating for and are eager for the Senate to approve a finalized bill,” said Aaron J. Kowalski, Chief Executive Officer, JDRF.  

Shaheen and Collins’ legislation would:  

  • Create a program whereby patients would receive lifesaving protections on insulin products with reduced insulin prices by:  
    • Ensuring that insurance plans and pharmacy benefit managers cannot collect rebates on insulins that limit list price to the 2021 net prices for Medicare Part D or equivalent levels;  
    • Making such insulins eligible for cost-sharing protections, including waiver of any applicable deductible and limiting copays or coinsurance to no more than $35 per month or 25% of list price; and,   
    • Supporting patient access to such insulins by ensuring coverage and prior authorization, step therapy or other medical management requirements cannot be imposed to limit beneficiary use.   
  • Limit out-of-pocket costs for patients with diabetes by:  
    • Ensuring that group, individual market, Medicare Part D and Medicare Advantage health plans must waive any deductible and limit cost-sharing to no more than $35 per month or 25% of list price, for at least one insulin of each type and dosage form.  

Senators Shaheen and Collins will formally introduce their legislation in the coming days. The Senators intend to fully offset the package pending a final score from the Congressional Budget Office.   

A one-pager on the legislation is available here, and a section-by-section summary is available here 

Text of the legislation is available here. 

As Co-Chairs of the Senate Diabetes Caucus, Shaheen and Collins have worked to increase awareness of the threats posed by diabetes, invest in research and improve access to treatment options. They have consistently held insulin manufacturers, insurers and pharmacy benefit managers accountable for the skyrocketing cost of life-saving insulin.   

Making Schools Safer and Protecting the Second Amendment

Source: United States Senator for Kentucky Mitch McConnell

WASHINGTON, D.C. – U.S. Senate Republican Leader Mitch McConnell (R-KY) delivered the following remarks today on the Senate floor regarding safe communities:

“Yesterday, the Senate took a big step toward an important bipartisan bill to prevent mass murders, make schools safer, and protect the Second Amendment rights of law-abiding citizens.

“A bipartisan group led by Senator Cornyn has put together a package of commonsense and popular solutions to make these horrific incidents less likely. And it does not so much as touch the rights of the overwhelming supermajority of American gun owners who are law-abiding citizens of sound mind.

“I have spent my career supporting, defending, and expanding law-abiding citizens’ Second Amendment rights. The right to bear arms, the right to defend oneself and one’s family, is a core civil liberty.

“Among other things, Senate Republicans spent years confirming a generation of federal judges who understand that the Constitution and the Bill of Rights actually mean what they say.

“The American people know that we don’t have to choose between safer schools and our constitutional rights. Our country can and should have both.

“But throughout recent years, our Democratic colleagues had indicated they were not interested in substantial legislation to create safer communities if they didn’t get to take massive bites out of the Second Amendment in the process.

“There have been attempts at bipartisan talks after horrible incidents in the past. But they fell apart when Democrats would not sign onto anything that did not roll back the Bill of Rights for law-abiding Americans.

“This time is different. This time, Democrats came our way and agreed to advance some commonsense solutions without rolling back rights for law-abiding citizens.

“The result is a product I’m proud to support.

“It will send more direct funding to community behavioral health centers and for mental health in schools.

“It will send money not just to states that decide to implement so-called ‘red flag’ laws, but to every state, to fund crisis intervention programs of their own choosing.

“And states that do use the money for ‘red flag’ laws will have to build in new due process protections that have never been required before.

“The bill also removes the blinders that have prevented the NICS background check system from considering young people’s preexisting juvenile records.

“If a young teenager has been convicted of a violent crime or institutionalized for mental illness, there is no reason why that important record should be magically wiped away on their 18th birthday for the purposes of buying weapons. That information is clearly relevant and 87% of Americans agree.

“To be clear, this legislation has no new restrictions, bans, waiting periods, or mandates for law-abiding gun owners of any age.

“No new restrictions, bans, waiting periods, or mandates for law-abiding citizens of any age, including those aged 18 to 21.

“Someone who has never been convicted of a violent crime or adjudicated as mentally ill will not have their rights affected one iota.

“And a whole lot of schools and communities will receive more mental health funding to prevent crisis situations before they develop.”

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