2020-10-29 OMA Agenda - Board of Trustees

OMA Advocacy Report (March – October 2020) Prepared by OMA Washington Representative Chris Gallagher ONGOING NATIONAL ADVOCACY PROJECTS Treat and Reduce Obesity Act

OMA and the Obesity Care Advocacy Network (OCAN) continue to strongly support S. 595/HR 1530, the Treat and Reduce Obesity Act of 2019 (TROA), which was reintroduced in Congress in early 2019. On the Senate side, Senators Bill Cassidy (R-LA) and Tom Carper (D-DE) are renewing their lead roles on this legislation. House champions for TROA in the 116th Congress are Representatives Ron Kind (D-WI), Raul Ruiz, M.D. (D-CA), Tom Reed (R-NY) and Brett Guthrie (R-KY) — legislators who sit on either the House Ways and Means Health Subcommittee or Energy and Commerce Health Subcommittee. Specifically, TROA will provide the Centers for Medicare & Medicaid Services (CMS) with the authority to expand the Medicare benefit for intensive behavioral counseling by allowing additional types of healthcare providers to offer these services. The legislation would also allow CMS to expand Medicare Part D to provide coverage of FDA-approved prescription drugs for chronic weight management. At the time of this report, S. 595 had 17 Senate cosponsors and HR 1530 had 168 House cosponsors. For up-to-date information on TROA cosponsors, please see the following links: S. 595 Cosponsors: https://www.congress.gov/bill/116th-congress/senate-bill/595/cosponsors HR 1530 Cosponsors: https://www.congress.gov/bill/116th-congress/house-bill/1530/cosponsors Advocacy Activity & Prospects: LEGISLATIVE: OMA has joined with other OCAN member organizations throughout the past six months in educating federal policymakers regarding how obesity is a significant contributor to negative outcomes for those who contract COVID-19 given the numerous comorbidities, re duction in respiratory volume, and inflammation associated with obesity. These efforts have resulted in numerous meetings with congressional members and House and Senate leadership – urging them to include the provisions of TROA in pandemic relief. In addition to both House and Senate TROA champions, OCAN was also able to persuade 38 House members to send a joint letter to House leaders on this issue -- also highlighting how this crisis has magnified the health inequities experienced by racial and ethnic mino rity communities, which are prone to be more affected by obesity. REGULATORY: On August 17, 2020, OMA Board of Trustees Member Dr. Larry Richardson took part in a virtual briefing between OCAN leaders and key staff of the Centers for Medicare & Medicaid Services (CMS). Dr. Richardson and others urged CMS to use its administrative authority to eliminate outdated hurdles that preclude Medicare beneficiaries from accessing FDA-approved obesity drugs and robust behavioral therapy services. While applauding CMS for many of the extraordinary steps in healthcare policy that the agency has taken to combat the COVID-19 pandemic, OCAN leaders urged CMS to do more — especially surrounding obesity given that it is the second greatest risk factor, after older age, for hospitalization among COVID-19 patients. While CMS did express some interest in revisiting its national coverage decision related to IBT services for obesity, the agency was less enthusiastic about lifting the Part D prohibition on obesity drugs. BOTTOM LINE: The obesity community continues to be frustrated that Congress has failed to even strongly consider including TROA in pandemic relief packages – citing a “consensus” among Republicans and Democrats that these relief packages should focus squarely on COVID-related issues such as payroll protection, unemployment insurance, testing and tracing and support for local and state governments. Best, and only remaining shot, will be surrounding legislation to continue funding the federal government that expires on December 11 th during the lame duck session of Congress. Related Policy Letters: • May 8, 2020 House TROA champions letter to congressional leadership -- specifically asking for Congress to include TROA in the next pandemic relief package. • May 15, 2020 Obesity Care Continuum letter to House leadership on TROA and pandemic relief