NE Washington News

House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) has issued a statement in response to a recent rule announced by the Department of Health and Human Services (HHS). The rule aims to prevent federally funded programs from denying care based on discriminatory metrics.

"The Biden administration’s rule—which is a small step in the right direction—is also a tacit admission that individuals are still being denied care simply because they have a disability or chronic condition," Rodgers said. She further emphasized the need for the Protecting Health Care for All Patients Act, stating, "I'm working to evaluate how the rule changes the costs associated with my legislation, possibly eliminating the need for the pay-for, which had been the administration’s stated objection to the bill.”

On May 1st, the Biden administration finalized new regulations that further clarify Section 504 of the Rehabilitation Act of 1973’s prohibitions of discrimination on the basis of disability. Among these regulations was greater clarification that usage of value assessments discriminating against those with disabilities, such as Quality-Adjusted Life Years (QALYs), violates federal law.

However, according to Rodgers, these new regulations fall short of what is outlined in the Protecting Health Care for All Patients Act. The act clarifies that it would violate law to treat extending life of senior citizens or individuals with disabilities or chronic illnesses as lower value than others. The new regulations also do not explicitly apply this prohibition to other federal payers outside Medicare and Medicaid, which requires Congress's intervention.