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Washington, D.C. — House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and House Committee on Oversight and Accountability Chairman James Comer (R-KY) today wrote to Centers for Medicare & Medicare Services (CMS) Administrator Chiquita Brooks-LaSure, requesting documents and communications to assist in investigating CMS’s response to a data breach impacting personally identifiable information of approximately 254,000 Medicare beneficiaries.  “On October 8, 2022, [Healthcare Management Solutions, LLC (HMS)] ‘was subject to a ransomware attack on its corporate network.’ CMS was notified about the data breach a day later, and on October 18, 2022, CMS ‘determined with high confidence that the incident potentially included personally identifiable information and protected health information for some Medicare enrollees.’ However, it was not until December 1, 2022, that CMS made the determination that the data breach constituted a ‘major incident,’ as defined in the Federal Information Security Modernization Act of 2014,” wrote Rodgers and Comer.   After becoming aware of a major data breach and potential exposure of Medicare beneficiaries’ personal information, it took CMS two months to determine that the data breach constituted a “major incident” as defined in the Federal Information Security Modernization Act.  “In other words, bad actors had access to Medicare beneficiaries’ information for two months before CMS determined this ransomware attack was a ‘major incident,’ triggering a legal obligation to inform Congress of such incident. [...] The compromised information potentially includes the following personally identifiable information (PII) and protected health information (PHI): name, address, date of birth, phone number, Social Security Number, Medicare beneficiary identifier, banking information, including routing and account numbers, and Medicare entitlement, enrollment, and premium information,”  continued Chairs Rodgers and Comer.   CLICK HERE to read the letter to Administrator Brooks-LaSure. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Energy, Climate, & Grid Security Subcommittee Chair Jeff Duncan (R-SC) sent a letter yesterday to the Federal Energy Regulatory Commission (FERC) Acting Chairman and Commissioners demanding to know how they plan to incorporate guidance from the Council on Environmental Quality (CEQ) in a way that does not jeopardize American energy security.   Excerpts and highlights from the letter:  “On January 9, 2023, the Council on Environmental Quality (CEQ) issued interim guidance entitled ‘National Environmental Policy Act (NEPA) Guidance on Consideration of Greenhouse Gas Emissions and Climate Change.’  “The stated goal of this guidance is to ‘assist Federal agencies in their consideration of the effects of greenhouse gas (GHG) emissions and climate change when evaluating proposed major Federal actions in accordance with NEPA...’ CEQ’s interim guidance took effect immediately for relevant agencies, including the Federal Energy Regulatory Commission (FERC or ‘Commission’). This vague guidance raises many concerns regarding how the Commission will follow its authorizing statutes in the issuance of permits for both natural gas and electric transmission infrastructure.   “While we understand this interim guidance is subject to change until the rule is finalized, we write to reiterate that NEPA, and especially the CEQ guidance, does not supplant the Commission’s core statutes for siting or permitting natural gas or electric transmission projects. Commissioner Christie pointed out in his dissent to the interim policy statement, entitled ‘Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews,’ that the Commission’s own regulations implementing NEPA reflect that very fact, ‘the Commission will comply with the regulations of the CEQ except where those regulations are inconsistent with the statutory requirements of the Commission.’ As such, we request that each of you answer the below questions no later than March 30, 2023.  Is it your opinion that the CEQ guidance requires the Commission to quantify upstream and downstream emissions from natural gas projects? If so, how will the Commission apply this in its regulations?  Is the CEQ guidance consistent with facilitating the orderly development of plentiful supplies of natural gas at reasonable prices, as is the intent of the Natural Gas Act? If so, please elaborate. If not, how can the Commission legally implement the guidance?  Does the Commission intend to revise and reissue its natural gas policy statements (Docket Nos. PL21-3-000 and PL18-1-000) in order to incorporate this CEQ guidance? Please explain.  Does the Commission plan to undertake an analysis or solicit public feedback on how implementing this CEQ guidance could affect the price or availability of natural gas and electricity, or the effect on the economy as a whole?”  CLICK HERE to read the full letter.  NOTE: Chairs Rodgers and Duncan sent a letter to FERC on March 3, 2023, demanding they explain why the commission has abandoned its core mission to help deliver abundant, reliable, and affordable energy for Americans. The letter specifically referenced examples when FERC has appeared to make decisions beyond its statutory authority in order to advance President Joe Biden and the Democrats’ rush-to-green agenda. CLICK HERE to read more. 

Washington, D.C. — House Energy and Commerce Subcommittee on Health Chair Brett Guthrie (R-KY) published an opinion piece in the Washington Examination ahead of a March 28th hearing where Members will explore how transparency and competition can lower health care costs for Americans.  Key Excerpts Below from the Washington Examiner piece titled “ Empowering patients through price transparency ”: “Our country’s most formidable healthcare challenges are rooted in ever-rising healthcare costs and a lack of basic transparency. Despite our country spending more than $4 trillion a year on healthcare, or about $13,000 per person, patients are not able to make informed decisions about how and where to spend their money as they can in virtually every other industry.”  […]  “Thankfully, there are bipartisan solutions to make healthcare pricing more transparent and the healthcare system easier to navigate for patients. These include the Centers for Medicare and Medicaid Services hospital price transparency rule and the multidepartment transparency in coverage rule, which were initially issued under then-President Donald Trump and continued by the Biden administration. These rules require hospitals to post publicly the prices of hundreds of common procedures on their website in a user-friendly format and require private health plans to disclose information about pricing and what patients are obligated to pay.”  […]  “Price transparency can also provide insight on why the costs of care are rapidly increasing. Exposing prices would help show whether healthcare services are priced correctly and give policymakers a clearer look at the value, or lack thereof, of some of the many steps in the healthcare supply chain.  “At the end of March, the Health Subcommittee will hold a hearing on healthcare affordability to examine these price transparency rules and other policies that promote more choices and drive down the costs of care for patients.  “Congress should also consider solutions to ensure the public and its employers are getting the best possible deal on their prescription drug benefits. We should build on our bipartisan   work to save our healthcare system billions of dollars and make pharmacy benefit managers be more transparent. Shining a light on these middlemen who are making prescriptions more expensive is one important step to bolster competition and allow for affordable new drugs, such as generics and biosimilars, to be made available for patients.”  CLICK HERE to read the full piece. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) today announced the details of a full committee hearing with TikTok CEO Shou Chew, who will appear before the committee to testify on TikTok’s consumer privacy and data security practices, the platforms’ impact on kids, and its relationship with the Chinese Communist Party. It will be Chew’s first appearance before a congressional committee. The hearing is titled "TikTok: How Congress Can Safeguard American Data Privacy and Protect Children from Online Harms.”  “Americans deserve to know the extent to which their privacy is jeopardized and their data is manipulated by ByteDance-owned TikTok’s relationship with China. What’s worse, we know Big Tech companies, like TikTok, use harmful algorithms to exploit children for profit and expose them to dangerous content online. We need to know what actions the company is taking to keep our kids safe from online and offline harms. We look forward to hearing from Mr. Chew directly and continuing Energy and Commerce’s efforts to bring Big Tech CEOs before the committee to answer for their companies’ destructive actions.”   This full committee hearing is titled " TikTok: How Congress Can Safeguard American Data Privacy and Protect Children from Online Harms .”   WHAT: A full committee hearing on TikTok’s consumer privacy and data security practices, how the platform affects children, and its relationship with the Chinese Communist Party.  DATE: Thursday, March 23, 2023  TIME: 10:00 AM ET  LOCATION: 2123 Rayburn House Office Building  This announcement is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Jessica Herron at Jessica.Herron@mail.house.gov .   Members of the media who wish to attend in person should RSVP to their respective press gallery no later than 3 p.m. on Wednesday, March 22.  House Radio/TV Gallery:   radiotv@mail.house.gov   202-225-5214  House Periodical Gallery:   periodical.press@mail.house.gov   202-225-2941  House Daily Press Gallery:   dailypressgallery@mail.house.gov  202-225-3945  Photographer Gallery:   press_photo@saa.senate.gov  202-224-6548  Please direct any press-related questions for Chair Rodgers and the Energy and Commerce Committee to Sean Kelly at Sean.Kelly@mail.house.gov . 

Biden’s Partisan and Unrealistic Budget Request is Wrong for Americans Washington, D.C. —  House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Subcommittee on Health Chair Brett Guthrie (R-KY) today announced that U.S. Department of Health and Human Services Secretary Xavier Becerra will testify at a hearing to discuss President Biden’s Fiscal Year 2024 (FY24) Budget Request.  “President Biden’s reckless spending is forcing Americans to deal with record levels of inflation. It has made it more difficult to purchase healthy foods, caused greater stresses on families, and driven up health care costs across the board. His budget request doubles down on massive inflationary spending, would crush medical innovation for new cures, attacks states’ rights to manage their Medicaid needs, forces taxpayers to fund abortion, and fails to restore trust in our public health agencies. Secretary Becerra owes it to the American people to explain why the Biden administration is placing these priorities over lowering health care costs, combating the fentanyl crisis, and protecting the dignity of all human life.”  WHAT : A hearing to discuss President Biden’s FY24 Budget Request  DATE : Wednesday, March 29, 2023    TIME : 10:00 AM ET   LOCATION : 2123 Rayburn House Office Building    This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at  https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Jolie Brochin with the Committee staff at  Jolie.Brochin@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at  Christopher.Krepich@mail.house.gov . 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement after the Environmental Protection Agency (EPA) announcing its “Good Neighbor” final rule, which compromises our grid reliability and threatens American energy security.  “The EPA’s so called ‘Good Neighbor’ plan is nothing more than the next phase in its effort to force power plants to shutter, leaving Americans without a viable energy supply to replace it. People across the country are being forced to give up basic necessities, like food and medicine, in order to afford skyrocketing energy bills. The last thing they need is a federal agency taking steps that drive reliable, affordable energy suppliers out of business. This will further increase costs and heighten the risk of blackouts. It is time for the EPA to reverse its expensive, dangerous effort to force an energy transition on Americans, jeopardize the reliability of our power grid, and shut down American energy.”  Note: To lower costs and ensure reliable energy, Chair Rodgers and Energy and Commerce Republicans are leading on H.R. 1 . It boosts energy production, lifts regulatory burdens for the construction of more energy infrastructure, cuts China out of our critical materials supply chains, and lowers costs across the board.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) sent a letter today to Dr. Lawrence Tabak, the senior official who is performing the duties of Director of the National Institutes of Health (NIH). This inquiry follows up an August 2022 letter to NIH regarding its handling of sexual harassment complaints.  KEY EXCERPT:   “ NIH’s own statistics show a significant problem with more than 300 cases related to harassment since 2018. That also represents hundreds of women who are being bullied or threatened.”  […]  “All the more troubling is the fact that recent independent surveys have found top institutions and major NIH grant recipients with a high number of reported instances of sexual misconduct. In 2015, the Association of American Universities (AAU) conducted a campus survey on Sexual Assault and Sexual Misconduct. This survey included over 150,000 undergraduate, graduate, and professional students at 27 universities that participated. For example, Yale University had the highest rates of female sexual assault with the exception of two other universities, which both boast a significantly larger student body population. Further, in 2019, AAU conducted a follow up Campus Sexual Assault and Sexual Misconduct survey and found that sexual assaults at Yale had actually increased.  “ Such findings and high-profile cases raise concerns about possible non-compliance with Federal laws applicable to NIH funding, including Title IX. As you know, Yale has been among the largest recipients of Federal taxpayer funding in the form of research grants. During the past ten years, for example, Yale has received approximately 9,584 awards to faculty and professors totaling around $4.3 billion from NIH alone. Each of these grants were conditioned on Yale’s full compliance with applicable Federal laws such as Title IX. We could cite several other major grantee institutions for similar issues.   “Based on the massive number of NIH grants and billions of Federal funds benefitting or inuring to the benefit of Yale and ongoing inquiries, we are concerned that Yale and other institutions may not have complied with their responsibilities under Title IX as a recipient of Federal funds. Compliance with Title IX is more than a mere formality—it is a prerequisite for receipt of Federal funds. Additionally, the Department of Health and Human Services (HHS) asserts that complying with research grant requirements is a significant priority.”  The Chairs asked for the information, including responses to the following questions, by March 28, 2023:  Upon receipt of a harassment complaint, what is the NIH process for requesting more information from grantees?  Does the NIH ask different questions if special populations (children) are involved in the complaint?  Does the NIH ever talk to the alleged victim of harassment, not just the grantee institution?  How many complaints were sent directly to the NIH Director or Acting NIH Director since January 1, 2019? How many of these complaints were referred to the OER? If there were any complaints not referred to OER, why not?  NIH indicated it was working with HHS Office of Civil Rights in September 2020. What was the outcome of these interactions? How many targets of discrimination or retaliation have been contacted as a result? Were NIH investigations or institutional Title IX investigations (or others) reviewed? Please provide specifics.  CLICK HERE to read the full letter. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL) today announced a subcommittee hearing  on Name, Image, and Likeness (NIL) titled “Taking the Buzzer Beater to the Bank: Protecting College Athletes’ NIL Dealmaking Rights.”  “Athletes and students should have every opportunity to succeed in life and in the sport they’re passionate about,” said Rodgers and Bilirakis . “E&C is working to ensure a clear set of rules for male and female athletes of every sport to benefit from their name, image, and likeness—at both large and small schools in every state—to preserve the future of college athletics. Given that March Madness is upon us, we look forward to holding this timely hearing and reigniting discussions on how we can protect the rights of young athletes across the country.”  Subcommittee on Innovation, Data, and Commerce hearing title: “ Taking the Buzzer Beater to the Bank: Protecting College Athletes’ NIL Dealmaking Rights .”  WHAT: Innovation, Data, and Commerce Subcommittee hearing on protecting the name, image, and likeness rights of college athletes.   DATE: Wednesday, March 29, 2023  TIME: 10:30 AM ET  LOCATION: 2322 Rayburn House Office Building  This announcement is at the direction of the Chair. The hearing will be open to the public and press, and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Jessica Herron at Jessica.Herron@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov . 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) released the following statement regarding today’s announcement of a Veterans Health Administration policy to cover a key treatment for Alzheimer's Disease that has been approved by the U.S. Food and Drug Administration (FDA):  “It’s welcome news that the VA will cover a new Alzheimer’s treatment for many veterans, which will give hope to those battling the disease as well as their families and caregivers. The Centers for Medicare and Medicaid Services should follow suit by reconsidering its coverage policy for Medicare patients, which has created a one-size-fits-all coverage restriction for an entire class of FDA-approved treatments. Seniors shouldn’t be prohibited from receiving the same treatment that patients in the VA system can receive under the supervision of their doctors simply because they’re on Medicare.”  READ : Rodgers, Smith: Biden Admin Doubles Down on Restricting Medicare Coverage for Seniors