Ensuring Patient Access to Critical Breakthrough Products Act

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Bill ID: 119/hr/5343
Last Updated: August 31, 2026

Sponsored by

Rep. Moore, Blake D. [R-UT-1]

ID: M001213

Follow the money

The bill

Ensuring Patient Access to Critical Breakthrough Products Act

HR. 5343, 119th Congress — read as touching Medical Devices.

The sponsor

Rep. Moore, Blake D. [R-UT-1]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$99,500 raised

24 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

70% match to Project 2025

This bill's text tracks the "Department of Health and Human Services" section, p. 533-535 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 37 - 3.

September 16, 2025

Introduced

📍 Current Status

Next: The bill will be reviewed by relevant committees who will debate, amend, and vote on it.

🏛️

Committee Review

🗳️

Floor Action

✅

Passed House

🏛️

Senate Review

🎉

Passed Congress

🖊️

Presidential Action

⚖️

Became Law

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

Another masterpiece of legislative theater, brought to you by the esteemed members of Congress. Let's dissect this monstrosity and see what's really going on.

**Main Purpose & Objectives**

The Ensuring Patient Access to Critical Breakthrough Products Act (HR 5343) claims to ensure prompt coverage of breakthrough devices under Medicare. How noble. In reality, it's a Trojan horse designed to line the pockets of medical device manufacturers and their lobbyists.

**Key Provisions & Changes to Existing Law**

This bill amends the Social Security Act to create a "transitional coverage period" for breakthrough devices, allowing Medicare to cover these devices without going through the usual rigorous review process. It also establishes criteria for designating a device as a "breakthrough device," which includes priority review by the FDA and clinical data that may include trial information from applicable device clinical trials.

Oh, and let's not forget the pièce de résistance: the bill allows the Secretary to designate devices as breakthrough devices without requiring evidence of their safety or efficacy. Because who needs actual science when you have lobbying dollars?

**Affected Parties & Stakeholders**

The usual suspects are involved:

* Medical device manufacturers: They'll reap the benefits of expedited approval and Medicare coverage for their products, regardless of their actual effectiveness. * Lobbyists: They'll get paid handsomely to ensure this bill passes and their clients' interests are protected. * Patients: They might get access to new devices, but at what cost? The lack of rigorous review and evidence-based decision-making puts them at risk of receiving ineffective or even harmful treatments. * Taxpayers: They'll foot the bill for these breakthrough devices, which may not provide any actual benefits.

**Potential Impact & Implications**

This bill is a recipe for disaster. By fast-tracking approval and coverage for breakthrough devices, we're essentially creating a Wild West scenario where manufacturers can peddle their wares without adequate scrutiny. This will lead to:

* Increased healthcare costs: Medicare will be forced to cover devices that may not provide any actual benefits. * Patient harm: Without rigorous review, patients may receive treatments that are ineffective or even harmful. * Corruption: The lack of transparency and accountability in the approval process creates opportunities for corruption and cronyism.

In conclusion, HR 5343 is a masterclass in legislative manipulation. It's a bill designed to benefit special interests at the expense of patients and taxpayers. As a cynic, I'm not surprised. But as a human being, I'm appalled.

Related Topics

Healthcare & Insurance ReformPublic Health & Pandemic Response
Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Rep. Moore, Blake D. [R-UT-1]

Congress 119 • 2024 Election Cycle

Total Contributions
$99,500
21 donors
PACs
$0
Organizations
$18,200
Committees
$0
Individuals
$81,300

No PAC contributions found

1
JLS HOLDINGS LLC
1 transaction
$9,900
2
THE CHICKASAW NATION
1 transaction
$3,300
3
HEMMCO LLC
1 transaction
$2,500
4
R & O CONSTRUCTION
1 transaction
$2,500

No committee contributions found

1
MOORE, BRENT
2 transactions
$12,000
2
LOCKWOOD, DAVID
3 transactions
$9,900
3
PARKER, ALEXANDRA
1 transaction
$6,600
4
PARKER, SEAN
1 transaction
$6,600
5
KAUFMAN, TRENT
1 transaction
$6,600
6
CHANG, JASON
1 transaction
$3,300
7
REHNERT, GEOFFREY
1 transaction
$3,300
8
HALL, JEREMY
1 transaction
$3,300
9
FORREST, CHAD B
1 transaction
$3,300
10
WALKER, TODD
1 transaction
$3,300
11
BAILEY, BRETT M.
1 transaction
$3,300
12
BAILEY, KIM
1 transaction
$3,300
13
FORREST, SHANNON
1 transaction
$3,300
14
DUHAMEL, WILLIAM F.
1 transaction
$3,300
15
SMITH, BURR
1 transaction
$3,300
16
EDWARDS, TAMMY
1 transaction
$3,300
17
FORREST, CLINT
1 transaction
$3,300

Cosponsors & Their Campaign Finance

This bill has 10 cosponsors. Below are their top campaign contributors.

Rep. DelBene, Suzan K. [D-WA-1]

ID: D000617

Top Contributors

46

1
JAMESTOWN S'KLALLAM TRIBE
OrganizationSEQUIM, WA
$6,600
Mar 31, 2023
2
LUMMI INDIAN NATION
OrganizationBELLINGHAM, WA
$5,000
Jul 17, 2024
3
PUYALLUP TRIBE OF INDIANS
OrganizationTACOMA, WA
$3,700
Jun 28, 2024
4
SNOQUALMIE TRIBE
OrganizationSNOQUALMIE, WA
$3,300
Nov 2, 2023
5
JAMESTOWN S'KLALLAM TRIBE
OrganizationSEQUIM, WA
$3,300
Mar 31, 2023
6
MUCKLESHOOT INDIAN TRIBE
OrganizationAUBURN, WA
$3,300
Jun 1, 2023
7
THE TULALIP TRIBES OF WASHINGTON
OrganizationTULALIP, WA
$3,300
Jun 30, 2023
8
PUYALLUP TRIBE OF INDIANS
OrganizationTACOMA, WA
$3,300
Jun 28, 2024
9
THE TULALIP TRIBES OF WASHINGTON
OrganizationTULALIP, WA
$3,300
Jun 20, 2024
10
MUCKLESHOOT INDIAN TRIBE
OrganizationAUBURN, WA
$3,300
Aug 13, 2024

Rep. Yakym, Rudy [R-IN-2]

ID: Y000067

Top Contributors

30

1
POKAGON BAND OF POTAWATOMI INDIANS
OrganizationDOWAGIAC, MI
$8,300
Apr 25, 2023
2
MATCH-E-BE-NASH-SHE-WISH BAND OF POTTAWATOMI INDIANS
OrganizationSHELBYVILLE, MI
$3,300
Oct 22, 2024
3
MASHANTUCKET PEQUOT TRIBAL NATION
OrganizationMASHANTUCKET, CT
$3,300
Oct 27, 2023
4
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$3,300
Mar 16, 2024
5
POKAGON BAND OF POTAWATOMI INDIANS
OrganizationDOWAGIAC, MI
$3,300
Apr 25, 2023
6
MATCH-E-BE-NASH-SHE-WISH BAND OF POTTAWATOMI INDIANS
OrganizationSHELBYVILLE, MI
$3,300
Sep 29, 2023
7
PECHANGA BAND OF INDIANS
OrganizationTEMECULA, CA
$3,300
Sep 29, 2023
8
SAGINAW CHIPPEWA TRIBE OF MICHIGAN
OrganizationMT. PLEASANT, MI
$2,000
Oct 27, 2023
9
POKAGON BAND OF POTAWATOMI INDIANS
OrganizationDOWAGIAC, MI
$1,700
Apr 27, 2023
10
CHOCTAW NATION OF OKLAHOMA
OrganizationDURANT, OK
$1,650
Dec 31, 2023

Rep. Sewell, Terri A. [D-AL-7]

ID: S001185

Top Contributors

27

1
BUFFALO ROCK COMPANY
OrganizationBIRMINGHAM, AL
$5,000
Oct 15, 2024
2
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$3,300
Mar 26, 2024
3
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$3,300
Sep 21, 2023
4
BUFFALO ROCK COMPANY
OrganizationBIRMINGHAM, AL
$2,500
Sep 10, 2024
5
BUFFALO ROCK COMPANY
OrganizationBIRMINGHAM, AL
$2,500
Sep 30, 2024
6
LAW OFFICES OF FREDERICK GRAEFE LLC
OrganizationWASHINGTON, DC
$500
Sep 30, 2023
7
CHIROPRACTIC CARE INC.
OrganizationGULF SHORES, AL
$250
Feb 26, 2024
8
BROWN, CANDACE P.
NONE • RETIRED
IndividualFLORENCE, SC
$4,500
Sep 6, 2024
9
BROWN, JAMES A.
SMS COMPANY • VICE PRESIDENT
IndividualFLORENCE, SC
$4,500
Sep 6, 2024
10
LEHMAN, WILLIAM
NOT EMPLOYED • NOT EMPLOYED
IndividualAVENTURA, FL
$3,300
Dec 9, 2024

Rep. Bilirakis, Gus M. [R-FL-12]

ID: B001257

Top Contributors

21

1
COOL MASTER PRO LLC
OrganizationTAMPA, FL
$6,600
Mar 8, 2023
2
ARTECHE, LEON
V-ME MEDIA INC. • CFO
IndividualDORAL, FL
$5,000
Jan 18, 2024
3
OF FLORIDA, SEMINOLE TRIBE
EMPLOYEE RECOGNIZED TRIBE
IndividualHOLLYWOOD, FL
$3,300
Aug 2, 2024
4
LAGOS, JAMES H.
LAGOS LAGOS, PLL • ATTORNEY
IndividualSPRINGFIELD, OH
$3,300
Sep 9, 2024
5
RICE, WILLIAM LLOYD
FALFURRIAS CAPITAL PARTNERS
IndividualMINT HILL, NC
$3,300
Sep 30, 2024
6
WANEK, RON
ASHLEY FURNITURE INDUSTRIES, INC • CHAIRMAN OF THE BOARD
IndividualTAMPA, FL
$3,300
Oct 17, 2024
7
WANEK, TODD
ASHLEY FURNITURE • CEO
IndividualTAMPA, FL
$3,300
Oct 17, 2024
8
WANEK, JOYCE
N/A • N/A
IndividualTAMPA, FL
$3,300
Oct 18, 2024
9
WANEK, KAREN
SUPERIOR FRESH • OWNER
IndividualTAMPA, FL
$3,300
Oct 17, 2024
10
HEPSCHER, WILLIAM S
RX MANAGE USA • BUSINESS OWNER
IndividualTAMPA, FL
$3,300
Oct 30, 2024

Rep. Trahan, Lori [D-MA-3]

ID: T000482

Top Contributors

20

1
MANNING, DONNA
NOT EMPLOYED • NOT EMPLOYED
IndividualJUPITER, FL
$6,000
May 10, 2024
2
MANNING, DONNA
IndividualJUPITER, FL
$6,000
May 17, 2024
3
DONOHUE, JOHN
ARBELLA INSURANCE GROUP • INSURANCE
IndividualBELMONT, MA
$3,300
Sep 30, 2024
4
KRAFT, JONATHAN
THE KRAFT GROUP • PRESIDENT
IndividualFOXBORO, MA
$3,300
Oct 20, 2023
5
BEEUWKES, REINIER
ISCHEMIX INC. • CHAIRMAN & CHIEF SCIENTIFIC OFFICER
IndividualCONCORD, MA
$3,300
Oct 3, 2023
6
BEEUWKES, REINIER
ISCHEMIX INC. • CHAIRMAN & CHIEF SCIENTIFIC OFFICER
IndividualCONCORD, MA
$3,300
Oct 3, 2023
7
BEEUWKES, NANCY
RETIRED • RETIRED
IndividualCONCORD, MA
$3,300
Oct 3, 2023
8
BEEUWKES, NANCY
RETIRED • RETIRED
IndividualCONCORD, MA
$3,300
Oct 3, 2023
9
BEEUWKES, REINIER
IndividualCONCORD, MA
$3,300
Oct 24, 2023
10
BEEUWKES, NANCY
IndividualCONCORD, MA
$3,300
Oct 24, 2023

Rep. Tenney, Claudia [R-NY-24]

ID: T000478

Top Contributors

28

1
WINRED EARMARKS
PACARLINGTON, VA
$27,879
Oct 22, 2024
2
WINRED EARMARKS
PACARLINGTON, VA
$21,566
Oct 29, 2024
3
WINRED EARMARKS
PACARLINGTON, VA
$10,970
Nov 25, 2024
4
WINRED EARMARKS
PACARLINGTON, VA
$5,493
Nov 19, 2024
5
SAN MANUEL BAND OF MISSION INDIANS
OrganizationLOS ANGELES, CA
$2,000
Nov 5, 2024
6
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$2,000
Jun 18, 2024
7
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$2,000
Jun 18, 2024
8
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$1,000
Mar 31, 2023
9
TEXTOR, DONALD
RETIRED • RETIRED
IndividualLOCUST VALLEY, NY
$13,200
Apr 17, 2024
10
WINE, SCOTT
POLARIS • CEO
IndividualEXCELSIOR, MN
$6,600
Sep 30, 2024

Rep. Fischbach, Michelle [R-MN-7]

ID: F000470

Top Contributors

30

1
CHEROKEE NATION
OrganizationTAHLEQUAH, OK
$2,500
Dec 18, 2023
2
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,650
Nov 3, 2023
3
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,650
Jun 17, 2024
4
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,650
Jun 17, 2024
5
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$1,500
Mar 19, 2024
6
MS BAND OF CHOCTAW INDIANS
OrganizationCHOCTAW, MS
$1,000
Nov 5, 2024
7
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$1,000
Mar 27, 2023
8
SALT RIVER PIMA MARICOPA INDIAN COMMUNITY
OrganizationSCOTTSDALE, AZ
$1,000
Mar 31, 2023
9
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$1,000
Feb 27, 2024
10
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$1,000
Jun 28, 2023

Rep. Schneider, Bradley Scott [D-IL-10]

ID: S001190

Top Contributors

20

1
WEITMAN, AARON
CASTLE KNIGHT • FINANCE
IndividualHOBOKEN, NJ
$5,000
Mar 18, 2024
2
SHWACHMAN, KIMBERLY
RETIRED • RETIRED
IndividualNORTHBROOK, IL
$3,700
Feb 27, 2024
3
SHWACHMAN, PERRY J
SIDLEY AUSTIN LLP • LAWYER
IndividualNORTHBROOK, IL
$3,700
Mar 19, 2024
4
POWELL, JESSE
RETIRED • RETIRED
IndividualSAN FRANCISCO, CA
$3,300
Nov 5, 2024
5
RAYMAN, STEVE
SELF EMPLOYED • HOTEL BUSINESS
IndividualBIG ROCK, IL
$3,300
Oct 22, 2024
6
CHUDACOFF, MARK R
RETIRED • RETIRED
IndividualPALM BEACH GARDENS, FL
$3,300
Oct 28, 2024
7
KADEN, DAVID
BLACKSTONE • SENIOR MANAGING DIRECTOR
IndividualNEW YORK, NY
$3,300
Oct 30, 2024
8
CUSHMAN, LINDA
RETIRED • RETIRED
IndividualCHICAGO, IL
$3,300
Oct 24, 2024
9
HECKTMAN, JEFFREY B.
HILCO GLOBAL • CEO
IndividualHIGHLAND PARK, IL
$3,300
Oct 28, 2024
10
GRAY, JON
BLACKSTONE • PRESIDENT
IndividualNEW YORK, NY
$3,300
Nov 1, 2024

Rep. Correa, J. Luis [D-CA-46]

ID: C001110

Top Contributors

34

1
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE
COMWASHINGTON, DC
$500
Jun 14, 2024
2
SANTA YENEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$5,000
Aug 19, 2024
3
SAN MANUEL BAND OF MISSION INDIANS
OrganizationLOS ANGELES, CA
$3,300
Aug 13, 2024
4
AGUA CALIENTE BAND OF CAHUILLA INDIANS
OrganizationPALM SPRINGS, CA
$3,300
Dec 18, 2023
5
FEDERATED INDIANS OF GRATON RANCHERIA
OrganizationROHNERT PARK, CA
$3,300
May 25, 2023
6
FEDERATED INDIANS OF GRATON RANCHERIA
OrganizationROHNERT PARK, CA
$3,300
May 25, 2023
7
HABEMATOLEL POMO OF UPPER LAKE
OrganizationUPPER LAKE, CA
$3,300
Sep 15, 2023
8
SHINGLE SPRINGS BAND MIWOK INDIANS
OrganizationSHINGLE SPRINGS, CA
$2,000
Sep 26, 2024
9
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$2,000
Apr 22, 2024
10
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$2,000
Sep 15, 2023

Rep. Carter, Earl L. "Buddy" [R-GA-1]

ID: C001103

Top Contributors

23

1
SAVANNAH TOYOTA
OrganizationSAVANNAH, GA
$1,000
Oct 26, 2024
2
SAVANNAH TOYOTA
OrganizationSAVANNAH, GA
$1,000
Sep 26, 2024
3
TYBEE MARKET
OrganizationTYBEE ISLAND, GA
$500
Mar 6, 2024
4
SMITH, BYRON L.
IndividualRICHMOND HILL, GA
$5,000
Nov 5, 2024
5
MUNOZ, DONALD
NUCANA • CFO
IndividualWESTON, MA
$4,665
May 31, 2024
6
RICKS, DAVID A.
ELI LILLY AND COMPANY • CEO
IndividualINDIANAPOLIS, IN
$3,300
Sep 30, 2023
7
SADOWSKI, GARY T.
SADOWSKI CO • CPA
IndividualSAVANNAH, GA
$3,300
Aug 25, 2023
8
STEERE, WILLIAM C. JR.
NONE • RETIRED
IndividualBONITA SPRINGS, FL
$3,300
Aug 3, 2023
9
HENNESSY, MARK W.
HENNESSY AUTOMOBILE COMPANIES • PRESIDENT
IndividualATLANTA, GA
$3,300
Nov 4, 2024
10
KIMBELL, JEFFREY
SELF-EMPLOYED • HEALTH CARE CONSULTANT
IndividualPARK CITY, UT
$3,300
Oct 30, 2024

Donor Network - Rep. Moore, Blake D. [R-UT-1]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

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Showing 41 nodes and 46 connections

Total contributions: $46

Top Donors - Rep. Moore, Blake D. [R-UT-1]

Showing top 21 donors by contribution amount

4 Orgs17 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 1 helped.

  • +Medical Devicesconfidence 0.95

    Section 2(a)(1)(C) adds a new subparagraph (Q) to 1862(a)(1) providing transitional coverage for breakthrough devices under Medicare, and Section 2(a)(2) defines 'breakthrough device' and 'transitional coverage period'. This creates a new Medicare coverage pathway for qualifying devices, directly benefiting medical device manufacturers.

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.

Department of Health and Human Services

Moderate
Vector: 66%
Pages: 533-535AI Enhanced

AI Analysis:

"The bill focuses on expanding Medicare coverage for breakthrough medical devices, which aligns with Project 2025's broader interest in healthcare innovation and access, though the specific policy excerpt provided does not directly address medical device regulation or Medicare coverage pathways."

Key themes:healthcare innovationpatient accessMedicare reform

— 500 — Mandate for Leadership: The Conservative Promise 32. Owcharenko Schaefer, “Medicaid at 55: Understanding the Design, Trends, and Reforms Needed to Improve the Health Care Safety Net.” 33. Brian Blase, “Managed Care in Medicaid: Need for Oversight, Accountability, and Reform,” Paragon Health Institute Policy Brief, October 13, 2022, https://paragoninstitute.org/wp-content/uploads/2022/10/20221012- Managed-Care-in-Medicaid-Need-for-Oversight-Accountability-and-Reform-FOR-DISTRIBUTION-V2.pdf (accessed February 13, 2023). 34. Owcharenko Schaefer, “Medicaid at 55: Understanding the Design, Trends, and Reforms Needed to Improve the Health Care Safety Net.” 35. 42 U.S. Code § 1315, https://www.law.cornell.edu/uscode/text/42/1315 (accessed March 17, 2023). 36. Chad D. Savage and Lee S. Gross, “Direct Primary Care: Update and Road Map for Patient-Centered Reforms,” Heritage Foundation Backgrounder No. 3635, June 28, 2021, https://www.heritage.org/sites/default/ files/2021-06/BG3635.pdf. 37. H.R. 133, Consolidated Appropriations Act, 2021, Public Law No. 116-260, 116th Congress, December 27, 2020, Division BB, Title I, https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf (accessed March 17, 2023). 38. Doug Badger, “On Surprise Medical Bills, Congress Should Side with Consumers, Not Special Interests,” Heritage Foundation Commentary, January 31, 2020, https://www.heritage.org/health-care-reform/ commentary/surprise-medical-bills-congress-should-side-consumers-not-special. 39. Edmund F. Haislmaier and Abigail Slagle, “Premiums, Choices, Deductibles, Care Access, and Government Dependence Under the Affordable Care Act: 2021 State-by-State Review,” Heritage Foundation Backgrounder No. 3668, November 2, 2021, https://www.heritage.org/sites/default/files/2021-11/BG3668.pdf. 40. U.S. Department of the Treasury, Internal Revenue Service; U.S. Department of Labor, Employee Benefits Security Administration; and U.S. Department of Health and Human Services, “Transparency in Coverage,” Final Rule, Federal Register, Vol. 85, No. 219 (November 12, 2020), pp. 72158–72310, https://www.govinfo.gov/ content/pkg/FR-2020-11-12/pdf/2020-24591.pdf (accessed March 17, 2023). 41. David N. Bernstein and Robert E. Moffit, “New Price Transparency Rule Will Help Transform America’s Health Care System,” Heritage Foundation Commentary, November 1, 2020, https://www.heritage.org/health-care- reform/commentary/new-price-transparency-rule-will-help-transform-americas-health-care. 42. Sluzala and Haislmaier, “Lessons from COVID-19: How Policymakers Should Reform the Regulation of Clinical Testing.” 43. Ibid. 44. Most recently enacted in H.R. 2471, Consolidated Appropriations Act, 2022, Public Law No. 117-103, 117th Congress, March 15, 2022, Division H, Title V, §§ 506–507, https://www.congress.gov/117/plaws/publ103/ PLAW-117publ103.pdf (accessed March 17, 2023). 45. President Joseph R. Biden Jr., Executive Order 14079, “Securing Access to Reproductive and Other Healthcare Services,” August 3, 2022, in Federal Register, Vol. 87, No. 154 (August 11, 2022), pp. 49505–49507, https:// www.govinfo.gov/content/pkg/FR-2022-08-11/pdf/2022-17420.pdf (accessed March 16, 2023). 46. Planned Parenthood, 2020–2021 Annual Report, p. 27, https://www.plannedparenthood.org/uploads/ filer_public/40/8f/408fc2ad-c8c2-48da-ad87-be5cc257d370/211214-ppfa-annualreport-20-21-c3-digital.pdf (accessed March 22, 2023). 47. Ibid., pp. 30 and 31. Total revenue of $1,714.4 million (p. 30) minus $1,580.7 million in total expenses (p. 31) yields $133,7 million. 48. Ibid., p. 28. 49. Ibid., p. 30. 50. H.R. 372, Protecting Life and Taxpayers Act of 2023, 118th Congress, introduced January 17, 2023, https://www. congress.gov/118/bills/hr372/BILLS-118hr372ih.pdf (accessed March 17, 2023). 51. 42 U.S. Code § 18023, https://www.law.cornell.edu/uscode/text/42/18023 (accessed March 17, 2023). 52. H.R. 3128, Consolidated Omnibus Budget Reconciliation Act of 1985, Public Law No. 99-272, 99th Congress, April 7, 1986, Title IX, Subtitle A, Part 1, Subpart B, § 9121, https://www.congress.gov/99/statute/STATUTE-100/ STATUTE-100-Pg82.pdf (accessed March 17, 2023). 53. H.R. 8070, Rehabilitation Act of 1973, Public Law No. 93-112, 93rd Congress, September 26, 1973, https://www. congress.gov/93/statute/STATUTE-87/STATUTE-87-Pg355.pdf (accessed March 17, 2023). — 501 — Department of Health and Human Services 54. U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Office of Civil Rights, and Office of the Secretary, “Special Responsibilities of Medicare Hospitals in Emergency Cases and Discrimination on the Basis of Disability in Critical Health and Human Service Programs or Activities,” draft of Proposed Rule, January 14, 2021, https://www.hhs.gov/sites/default/files/infants-nprm.pdf (accessed March 17, 2023). 55. H.R. 26, Born-Alive Abortion Survivors Protection Act, 118th Congress, introduced January 9, 2023, https:// www.congress.gov/118/bills/hr26/BILLS-118hr26pcs.pdf (accessed March 17, 2023). 56. H.R. 7, No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress.gov/118/bills/hr7/BILLS-118hr7ih.pdf (accessed March 17, 2023). 57. S. 401, Conscience Protection Act of 2021, 117th Congress, introduced February 24, 2021, https://www.congress. gov/117/bills/s401/BILLS-117s401is.pdf (accessed March 17, 2023). 58. U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, and Office of the Secretary, “Nondiscrimination in Health Programs and Activities,” Notice of Proposed Rulemaking; Notice of Tribal Consultation, Federal Register, Vol. 87, No. 149 (August 4, 2022), pp. 47824–47920, https://www.govinfo. gov/content/pkg/FR-2022-08-04/pdf/2022-16217.pdf (accessed March 17, 2023). 59. Ibid., p. 47916. 60. The regulation was not finalized before the end of the Administration. U.S. Department of Agriculture, Food and Nutrition Services, “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP),” Proposed Rule, Federal Register, Vol. 84, No. 142 (July 24, 2019), pp. 35570–55581, https:// www.federalregister.gov/documents/2019/07/24/2019-15670/revision-of-categorical-eligibility-in-the- supplemental-nutrition-assistance-program-snap (accessed March 17, 2023). 61. 45 Code of Federal Regulations § 75.300(c) and (d), https://www.ecfr.gov/current/title-45/subtitle-A/ subchapter-A/part-75/subpart-D/subject-group-ECFR911e5e1a30bfbcb/section-75.300 (accessed March 17, 2023). 62. H.R. 1750, Child Welfare Provider Inclusion Act of 2021, 117th Congress, introduced March 10, 2021, https:// www.congress.gov/117/bills/hr1750/BILLS-117hr1750ih.pdf (accessed March 17, 2023), and S. 656, Child Welfare Provider Inclusion Act of 2021, 117th Congress, introduced March 10, 2021, https://www.congress.gov/117/bills/ s656/BILLS-117s656is.pdf (accessed March 17, 2023). 63. S. 3949, Trafficking Victims Protection Reauthorization Act of 2022, Public Law No. 117-348, 117th Congress, January 25, 2023, https://www.congress.gov/117/plaws/publ348/PLAW-117publ348.pdf (accessed March 17, 2023). 64. Kelsey Y. Santamaria, “Child Migrants at the Border: The Flores Settlement Agreement and Other Legal Developments,” Congressional Research Service In Focus No. IF11799, April 1, 2021, https://crsreports.congress. gov/product/pdf/IF/IF11799 (accessed March 17, 2023). 65. Report, Building a Happy Home: Marriage Education as a Tool to Strengthen Families, Social Capital Project Report No. 1-22, March 2022, p. 17, https://www.jec.senate.gov/public/_cache/files/3d102525-6f0d-48ed- 92f4-d71edd468ad6/building-a-happy-home.pdf (accessed March 17, 2023). The cover of the report reflects that the Social Capital Project is “[a] project of the Joint Economic Committee – Republicans.” 66. See, for example, Alan J. Hawkins, “Are Federally Supported Relationship Education Programs for Lower-Income Individuals and Couples Working? A Review of Evaluation Research,” American Enterprise Institute, September 2019, https://www. congress.gov/117/plaws/publ228/PLAW-117publ228.pdf (accessed March 17, 2023). 67. H.R. 8404, Respect for Marriage Act, Public Law No. 117-228, 117th Congress, December 13, 2022, https://www. congress.gov/117/plaws/publ228/PLAW-117publ228.pdf (accessed March 17, 2023). 68. Madison Marino, “Over 1,000 Safety Violations Mar Head Start. Children Deserve Better,” Heritage Foundation Commentary, November 10, 2022, https://www.heritage.org/education/commentary/over-1000-safety- violations-mar-head-start-children-deserve-better. 69. American Hospital Association v. Becerra, 596 U.S. ___ (2022), https://www.supremecourt.gov/ opinions/21pdf/20-1114_09m1.pdf (accessed March 17, 2023). 70. U.S. Department of the Treasury, Internal Revenue Service; U.S. Department of Labor, Employee Benefits Security Administration; and U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, “Coverage of Certain Preventive Services Under the Affordable Care Act,” Notice of Proposed Rulemaking, Federal Register, Vol. 88, No. 22 (February 2, 2023), pp. 7236–7281, https://www. govinfo.gov/content/pkg/FR-2023-02-02/pdf/2023-01981.pdf (accessed March 17, 2023).

Department of Health and Human Services

Weak
Vector: 66%
Pages: 488-490AI Enhanced

AI Analysis:

"The bill and Project 2025 both reference the FDA's role in ensuring the safety and efficacy of medical devices, but the bill's focus on Medicare coverage for breakthrough devices diverges from Project 2025's emphasis on abortion data, gender identity, generic drug competition, and laboratory‑test reforms, resulting only tangential overlap."

Key themes:FDAmedical devicesregulatory oversightsafety and efficacy

— 456 — Mandate for Leadership: The Conservative Promise abortion providers and whether better prenatal physical, mental, and social care improves infant outcomes and decreases abortion rates, especially among those who are most vulnerable. The Ensuring Accurate and Complete Abortion Data Reporting Act of 20239 would amend title XIX of the Social Security Act and Public Health Service Act to improve the CDC’s abortion reporting mechanisms by requiring states, as a condition of federal Medicaid payments for family planning services, to report streamlined variables in a timely manner. The CDC should immediately end its collection of data on gender identity, which legitimizes the unscientific notion that men can become women (and vice versa) and encourages the phenomenon of ever-multiplying subjective identities. FOOD AND DRUG ADMINISTRATION (FDA) The FDA’s mission includes ensuring the safety and efficacy of drugs, biological products, and medical devices. Federal Laws That Shield Big Pharma from Competition. Because generics generally cost far less than brand-name drugs, consumers begin to save money as soon as a generic product comes on the market. The vast majority are very afford- able with 93 percent of generic products costing $20 or less. Savings would be even higher under proposals that prevent brand-name man- ufacturers from slowing down or impeding the entrance of generic products into the marketplace. Specifically, the FDA should prohibit pharmaceutical companies from purposely sitting on their legally available right to be the first to sell generic versions of their drugs. Additionally, Congress should create legal remedies for generic companies to obtain samples of brand-name products for their generic development efforts and should prohibit meritless “citizen petitions” submitted by manufacturers to delay approval of a generic competitor.10 Approval Process for Laboratory-Developed or Modified Medical Tests. Learning from the failed early COVID-19 testing experience, Congress and the FDA should focus on reforming laws and regulations governing medical tests, especially with respect to laboratory-developed tests. Commercial tests are developed with the intention of being widely marketed, distributed, and used, while laboratory-developed tests are created with the intention of being used solely within one laboratory. A test developed by a lab in accordance with the protocols developed by another lab (non-commercial sharing) currently constitutes a “new” laboratory-developed test because the lab in which it will be used is different from the initial developing lab. To encourage interlab- oratory collaboration and discourage duplicative test creation (and associated regulatory and logistical burdens), the FDA should introduce mechanisms through which laboratory-developed tests can easily be shared with other laboratories with- out the current regulatory burdens.11 — 457 — Department of Health and Human Services The “laboratory-developed tests” category currently encompasses a range of possible tests, many of which would be characterized more appropriately as “lab- oratory-modified tests” because they are not truly novel tests but rather modified versions of existing tests. To avoid stifling innovation and access to medical care, the applicable statutes and regulations should be revised to facilitate greater access to such modified tests.12 Finally, the FDA has long held that it has regulatory authority over such tests, while others have argued that they should be considered clinical services regulated by the Centers for Medicare and Medicaid Services (CMS). The FDA currently has regulatory authority over in vitro diagnostics, and under the Clinical Lab- oratory Improvement Amendments (CLIA),13 the CMS ensures that labs meet analytical validity standards for test methods. Congress, the FDA, and the CMS need to clarify and disentangle overlapping authorities over tests to eliminate regulatory confusion.14 Drug Shortages. The very thin profit margins and the regulatory burdens associated with generic drug manufacturing discourage inventory and capacity investments by manufacturers and contribute to drug shortages. HHS and the FDA should encourage more dependable generic drug manufacturing. The FDA should expand its current pass/fail approach to drug facility inspec- tions into a graded system that recognizes manufacturers that exceed minimum standards by investing in improving production reliability. The FDA should also add facility codes to drug packaging and construct a searchable database that cross-references product codes and facility codes. That would enable wholesalers and pharmacy benefit managers to identify and preference drugs manufactured at more reliable facilities, thus encouraging generic drug manufacturers to compete on reliability as well as on price. For its part, HHS should exempt multi-source generic drugs from requirements to pay rebates to Medicaid and other federally funded health programs, as those provisions penalize new investments in expanding manufacturing capacity when supply is unable to meet demand.15 Additionally, FDA and NIH should promote efficacy trials of new applications for generic drugs, which might include NIH fund- ing such trials or conducting its own. Abortion Pills. Abortion pills pose the single greatest threat to unborn chil- dren in a post-Roe world. The rate of chemical abortion in the U.S. has increased by more than 150 percent in the past decade; more than half of annual abortions in the U.S. are chemical rather than surgical. The abortion pill regimen is typically a two-part process. The first pill, mifepris- tone, causes the death of the unborn child by cutting off the hormone progesterone, which is required to sustain a pregnancy. The second pill, misoprostol, causes con- tractions to induce a delivery of the dead child and uterine contents, usually into a toilet at home. The abortion-pill regimen is currently approved for up to 70 days

Department of Health and Human Services

Weak
Vector: 66%
Pages: 497-499AI Enhanced

AI Analysis:

"The bill focuses on expanding Medicare coverage for breakthrough medical devices, while Project 2025 emphasizes structural reforms to Medicare Advantage, payment models, and Part D—there is minimal direct overlap in policy mechanisms or objectives."

Key themes:Medicare reformpatient accessinnovation in healthcare

— 465 — Department of Health and Human Services 1. Make Medicare Advantage the default enrollment option. 2. Give beneficiaries direct control of how they spend Medicare dollars. 3. Remove burdensome policies that micromanage MA plans. 4. Replace the complex formula-based payment model with a competitive bidding model. 5. Reconfigure the current risk adjustment model. 6. Remove restrictions on key benefits and services, including those related to prescription drugs, hospice care, and medical savings account plans.26 Legacy Medicare Reform. Legislation reforming legacy (non-MA) Medicare should: l Base payments on the health status of the patient or intensity of the service rather than where the patient happens to receive that service. l Replace the bureaucrat-driven fee-for-service system with value- based payments to empower patients to find the care that best serves their needs. l Codify price transparency regulations. l Restructure 340B drug subsidies27 toward beneficiaries rather than hospitals. l Repeal harmful health policies enacted under the Obama and Biden Administrations such as the Medicare Shared Savings Program28 and Inflation Reduction Act.29 Medicare Part D Reform. The Inflation Reduction Act (IRA) created a drug price negotiation program in Medicare that replaced the existing private-sector negotiations in Part D with government price controls for prescription drugs. These government price controls will limit access to medications and reduce patient access to new medication. This “negotiation” program should be repealed, and reforms in Part D that will have meaningful impact for seniors should be pursued. Other reforms should include eliminating the coverage gap in Part D, reducing the government share in — 466 — Mandate for Leadership: The Conservative Promise the catastrophic tier, and requiring manufacturers to bear a larger share. Until the IRA is repealed, an Administration that is required to implement it must do so in a way that is prudent with its authority, minimizing the harmful effects of the law’s policies and avoiding even worse unintended consequences.30 Medicaid. Over the past 45 years, Medicaid and the health safety net have evolved into a cumbersome, complicated, and unaffordable burden on nearly every state. The program is failing some of the most vulnerable patients; is a prime target for waste, fraud, and abuse; and is consuming more of state and federal budgets. The dramatic increase in Medicaid expenditures is due in large part to the ACA (Obamacare), which mandates that states must expand their Medicaid eligibility standards to include all individuals at or below 138 percent of the federal poverty level (FPL), and the public health emergency, which has prohibited states from performing basic eligibility reviews. The overlap of available benefits among the various health agencies has led to a complex, confusing system that is nearly impossible to navigate—even for recipients. Recipients are often faced with a “welfare cliff” of benefit losses as they earn above a certain amount, which is contrary to the fundamental purpose of empowering individuals to achieve economic independence. Benefits increasingly involve nonmedical services such as air conditioning and housing, many of which are already handled by departments other than HHS. Improper payments within Medicaid are higher than those of any other federal program. These payments are evidence of the inappropriateness of Medicaid’s expansion, which, stemming largely from public health emergency maintenance of effort (MOE) requirements and the Affordable Care Act, has crowded out the primary targets of these programs: those who are most in need. True health care reform cannot be accomplished in a bureaucratic silo or only through Medicaid and health safety net programs. Reform of the tax code is also essential to genuine, effective reform of our health care system. All components of the health care system should be part of the reform efforts, and it is imperative that the system be modified to assist states with their current programs. Therefore, the next Administration should: l Reform financing. Allow states to have a more flexible, accountable, predictable, transparent, and efficient financing mechanism to deliver medical services. This system should include a more balanced or blended match rate, block grants, aggregate caps, or per capita caps. Any financial system should be designed to encourage and incentivize innovation and the efficient delivery of health care services. Federal and state financial participation in the Medicaid program should be rational, predictable, and reasonable. It should also incentivize states to save money and improve the quality of health care.

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About These Correlations

Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.

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