• Login
    • Join
  • FOLLOW:
  • Subscribe Free
    • Magazine
    • eNewsletter
    Checkout
    • Magazine
    • News
    • Opinions
    • Top 30
    • Research
    • Supply Chain
    • Device Sectors
    • Directory
    • Events
    • Resources
    • Microsites
    • More
  • Magazine
  • News
  • Opinions
  • Top 30
  • Research
  • Supply Chain
  • Device Sectors
  • Directory
  • Events
  • Resources
  • Microsites
  • Current / Back Issues
    Features
    Editorial
    Digital Edition
    eNewsletter Archive
    Our Team
    Editorial Guidelines
    Reprints
    Subscribe Now
    Advertise Now
    Top Features
    Cybersecurity Challenges Leave Medical Device Makers Insecure

    OEMs Are Demanding Designs that Challenge Suppliers

    Diabetes Technology Manufacturers Seemingly on a Sugar Rush

    Post-Pandemic Partnerships: A Full-Service Outsourcing Discussion

    Discovering the Value of Surface Treatments and Coatings for Medtech
    OEM News
    Supplier News
    Service / Press Releases
    Online Exclusives
    Press Releases
    People in the News
    Product & Service Releases
    Supplier News
    Medtech Makers
    Technical Features
    International News
    Videos
    Product & Service Releases
    Live From Shows
    Regulatory
    Financial/Business
    Top News
    Linear Health Sciences’ Orchid SRV Receives FDA & Health Canada Approval

    Vivasure Medical Raises $23 Million in Series D Financing Round

    New Patents Add Value to Know Labs' Bio-RFID Tech

    Ra Medical Granted Patent for Catheters With Expanded Ablation Area

    ReCor Medical Presents Data from Two Randomized Trials
    From the Editor
    Blogs
    Guest Opinions
    Top Opinions
    Cybersecurity Challenges Leave Medical Device Makers Insecure

    OEMs Are Demanding Designs that Challenge Suppliers

    Diabetes Technology Manufacturers Seemingly on a Sugar Rush

    Post-Pandemic Partnerships: A Full-Service Outsourcing Discussion

    Discovering the Value of Surface Treatments and Coatings for Medtech
    Top 30 Medical Device Companies
    Market Data
    White Papers
    Top Research
    Injecting Neurostimulators into Blood Vessels (We Swear, It’s Not Sci-Fi)

    Understanding the Costs of Care in the OR

    Sick of Being Sick: Pandemic Fatigue Flares at AAOS

    Managing Critical Healthcare Supply Chains in Turbulent Times

    To Drive Value, Human Capital Leaders Turn to Outsourced Solutions
    3D/Additive Manufacturing
    Contract Manufacturing
    Electronics
    Machining & Laser Processing
    Materials
    Molding
    Packaging & Sterilization
    R&D & Design
    Software & IT
    Testing
    Tubing & Extrusion
    Cardiovascular
    Diagnostics
    Digital Health
    Neurological
    Patient Monitoring
    Surgical
    Orthopedics
    All Companies
    Categories
    Company Capabilities
    Add New Company
    Outsourcing Directory
    Concise Engineering

    Fusion Biotec Inc.

    Trademark Plastics Inc.

    Cirtec Medical

    Arthur G. Russell Co. Inc., The
    MPO Summit
    Industry Events
    Webinars
    Live From Show Event
    Industry Associations
    Videos
    Career Central
    eBook
    Slideshows
    Top Resources
    3D Printing in Dental Prosthodontics, Orthodontics, and Surgery

    What New Tech Can Improve Your Medical Manufacturing Plant?

    Why Medical Device Firms Must Navigate the Muddy Waters of ESG Requirements

    Medical Device Servicing vs. Remanufacturing

    Digital Marketplaces for Medical Equipment Come of Age
    Companies
    News Releases
    Product Releases
    Press Releases
    Product Spec Sheets
    Service Releases
    Case Studies
    White Papers
    Brochures
    Videos
    Outsourcing Directory
    Concise Engineering

    Fusion Biotec Inc.

    Trademark Plastics Inc.

    Cirtec Medical

    Arthur G. Russell Co. Inc., The
    • Magazine
      • Current/Back Issues
      • Features
      • Editorial
      • Columns
      • Digital Editions
      • Subscribe Now
      • Advertise Now
    • News
    • Directory
      • All Companies
      • ALL CATEGORIES
      • Industry Associations
      • Company Capabilities
      • Add Your Company
    • Supply Chain
      • 3D/Additive Manufacturing
      • Contract Manufacturing
      • Electronics
      • Machining & Laser Processing
      • Materials
      • Molding
      • Packaging & Sterilization
      • R&D & Design
      • Software & IT
      • Testing
      • Tubing & Extrusion
    • Device Sectors
      • Cardiovascular
      • Diagnostics
      • Digital Health
      • Neurological
      • Patient Monitoring
      • Surgical
      • Orthopedics
    • Top 30 Company Report
    • Expert Insights
    • Slideshows
    • Videos
    • eBook
    • Resources
    • Podcasts
    • Infographics
    • Whitepapers
    • Research
      • White Papers
      • Case Studies
      • Product Spec Sheets
      • Market Data
    • MPO Summit
    • Events
      • Industry Events
      • Live From Show Events
      • Webinars
    • Microsite
      • Companies
      • Product Releases
      • Product Spec Sheets
      • Services
      • White Papers / Tech Papers
      • Press Releases
      • Videos
      • Literature / Brochures
      • Case Studies
    • About Us
      • About Us
      • Contact Us
      • Advertise with Us
      • eNewsletter Archive
      • Privacy Policy
      • Terms of Use
    Columns

    Spotlight on Recent Legislation and the 2018 Midterm Elections

    ...

    Spotlight on Recent Legislation and the 2018 Midterm Elections
    Related CONTENT
    • CMS Expedites Breakthrough Device Access; Industry Applauds
    • With Trump’s Space Force Idea Gaining Steam, Could a U.S. Health Force Be Far Behind?
    • Making Sense of Medtech M&A and Trade Wars
    • Outset Medical Raises $132 Million to Accelerate Expansion of its Tablo Hemodialysis System
    • Potential Sunshine Act Changes & A 2018 Midterm Elections Update
    Jeffrey J. Kimbell and David C. Rudloff, Jeffrey J. Kimbell & Associates Inc.10.16.18
    With the second session of the 115th Congress winding down, legislators are considering several noteworthy pieces of legislation of interest to the healthcare and medical device industry. One measure, H.R. 184, which passed the U.S. House of Representatives in July, would repeal the 2.3 percent excise tax on medical devices. Another measure, H.R. 5997, would create an accelerated pathway for Centers for Medicare and Medicaid (CMS) payment and coverage for devices approved through the U.S. Food and Drug Administration’s (FDA) breakthrough devices program.

    Additionally, H.R. 3635, a bill that passed the House in September, seeks to improve transparency and accountability in Medicare Administrative Contractors’ (MACs) Local Coverage Determination (LCD) process for devices.

    Device Tax Repeal
    On July 24, the House passed H.R. 184, the Protect Medical Innovation Act. The bill, introduced by U.S. Rep. Erik Paulsen (R-MN), would permanently repeal the 2.3 percent excise tax on medical devices. The medical device tax was originally enacted as part of the Affordable Care Act (ACA) in 2010 and was suspended for two years in January 2018. The bill garnered bipartisan support in the House and now moves to the Senate for consideration. The medical device tax is a burdensome levy that harms job creation, impedes economic growth, and deters innovation. A full repeal of the device tax would give manufacturers the security to make multi-year investments in infrastructure and research and development to continue providing patients with lifesaving technology.

    Breakthrough Pathways
    On June 5, U.S. Reps. Jackie Walorski (R-IN) and Suzan DelBene (D-WA) introduced H.R. 5997, the Ensuring Patient Access to Critical Breakthrough Products Act of 2018. The legislation would require Medicare to cover all breakthrough devices approved through the FDA’s expedited review process for three years and make a coverage determination within those three years. For a medical device to earn a breakthrough designation, it must provide a more effective treatment for life-threatening or irreversibly debilitating diseases than existing approved alternatives; offer significant advantages over alternatives; or have its market availability be in the best interest of patients. If passed, this legislation would provide patients with quicker access to cutting-edge medical technology as well as expeditious and adequate reimbursement for manufacturers promoting innovation.

    Local Coverage Determination
    On Sept. 12, the House passed H.R. 3635, the Local Coverage Determination Clarification Act of 2017, a bill introduced by U.S. Reps. Lynn Jenkins (R-KS) and Ron Kind (D-WI). The legislation seeks to improve transparency and accountability in MACs’ LCD process by requiring public and open MAC meetings on record, requiring disclosure of the rationale for an LCD and evidence for that decision, and requiring MACs to provide stakeholders with a meaningful reconsideration process for an LCD. The current LCD process lacks transparency and opportunity for stakeholder input; therefore, patients are at risk of being denied access to critical medical technologies. This legislation would improve the LCD process and provide Medicare beneficiaries access to the products and services they need. A similar bill, S. 794, the Local Coverage Determination Clarification Act of 2017, was introduced in the Senate by U.S. Sens. Johnny Isakson (R-GA) and Tom Carper (D-DE), but has yet to be considered.

    2018 Midterm Elections Update
    The long primary season has finally come to a close. All eyes now move to the general elections on Nov. 6, where the party makeup of Congress and the direction of the country will be determined. After narrowing to just three points in May, the generic ballot now favors the Democrats by 12 to 13 points in the general elections. Additionally, a never-ending wave of controversy in the White House continues to submerge President Trump’s approval ratings, which have dropped from a high of 44 percent approval in June to under 40 percent in September. This puts Trump’s numbers among the lowest approval ratings in the first two years of any post-World War II president besides Jimmy Carter. These indicators could spell disaster for incumbent House Republicans, especially if a rising tide of Democratic voter enthusiasm surfaces ,coupled with disillusioned suburban Republicans staying home on election day.

    However, Republicans still have several inherent advantages due to geography and redistricting. Many of the congressional district boundaries are favorable towards Republicans, having been drawn by Republican legislatures over the past decade. Republicans are also more efficiently allocated in areas outside of cities, while Democrats have the propensity of packing themselves in tight urban districts that lean heavily Democratic. With just two months to go before the midterm elections, the Democrats need to flip 23 seats to retake the House and we anticipate they will win 18 to 22 seats. 

    There are several prominent Republicans of particular importance to the life sciences industry that are vulnerable in the upcoming midterms. U.S. Rep. Erik Paulsen (R-MN), a member of the House Ways and Means Committee who represents the western Minneapolis (Minn.) suburbs, faces a tough re-election campaign against Democratic primary winner Dean Phillips. Phillips, a local businessman, won the Democratic primary with more than 81 percent of the vote and is running as a moderate to appeal to white-collar suburban voters. Paulsen’s district voted for Hillary Clinton by 10 points in 2016, but still supported Paulsen, who received 56.9 percent of the Congressional vote. Paulsen is notable for leading the House efforts to repeal the medical device tax.

    U.S. Rep. Mimi Walters (R-CA), who represents Orange County, is another industry champion who faces a tough race in November. As the only California Republican on the House Energy and Commerce Committee, Walters has led many efforts to promote growth and innovation in the life sciences sector. For her work, she was awarded the “Champion of Healthcare Innovation” award in 2015 by the Healthcare Leadership Council. Additionally, major life science firms such as Allergan, Johnson & Johnson Vision, and Edwards Lifesciences are located in her district. In her race this fall, Walters faces Democrat Katie Porter in a district that Hillary Clinton won by six points.

    Another vulnerable member is U.S. Rep. Peter Roskam (R-IL). Roskam represents the northern Chicago suburbs and is the current chairman of the House Ways and Means Health Subcommittee. As chairman, Roskam presided over hearings and legislation to promote healthcare innovation and has been a prominent voice for the industry. Northern Illinois is also home to Baxter International, Abbott Laboratories, AbbVie, Astellas Pharma, and Takeda Pharmaceuticals. Roskam’s district voted for Hillary Clinton by seven points in 2016, and an energized 63,000 Democrats showed up for the district’s Democratic primary in March, as opposed to just 8,600 in 2016. Sean Casten, an energy executive and the winner of the Democratic primary, will take on Roskam in what is sure to be a competitive race.

    The results of recent Senate primary races suggest optimism for Republicans’ overall hopes of maintaining their majority in the Senate. As we mentioned in our earlier update, Democrats have to defend nine Senate seats in states that Trump won in 2016, while Republicans only have one incumbent seat, U.S. Sen. Dean Heller (R-NV), in a state that Hillary Clinton won. Two top-notch Republican challengers have won their primaries in Florida and Missouri, and those victories should worry two unpopular incumbent red-state Democratic senators. Additionally, the preferred Republican candidate prevailed in the primary for Arizona’s open Senate seat, which the GOP hopes to keep red. We anticipate the Republicans will net two to three seats in the Senate, leaving the party with either a 53-45 or 54-44 majority (U.S. Sens. Bernie Sanders (I-VT) and Angus King (I-ME) are independents who caucus with Democrats).

    In Florida, incumbent U.S. Sen. Bill Nelson (D-FL) will have to fend off a strong challenge from Republican Gov. Rick Scott, who handily won the GOP primary on Aug. 28 with more than 88 percent of the total vote. Despite having been in Florida politics for over 40 years, Nelson has very low name recognition compared to the two-term governor. Additionally, Scott’s approval numbers are around 54 percent, while only 40 percent of Florida voters approve of the job Nelson has been doing. Scott, who launched a large Spanish ad campaign, is also more popular with Latino voters, who make up more than one in five eligible voters in the Sunshine State. To make matters worse for the incumbent Democrat, Scott has outraised Nelson nearly four to one and is willing to self-fund his campaign with a net worth of over $175 million. We predict that Gov. Rick Scott will win this Senate seat.

    On Aug. 7, Missouri Attorney General Josh Hawley won the Republican primary to face two-term incumbent U.S. Sen. Claire McCaskill (D-MO). The 38-year old Hawley was the Republican Party’s favored candidate and is sure to give the embattled McCaskill a tough re-election campaign. Missouri has been increasingly hostile to the Democratic Party, as President Trump won the state by more than 18 points in 2016. To make matters worse, McCaskill’s approval rating sits at just 38 percent and only 31 percent of Missouri voters say she deserves to be re-elected. We foresee Hawley winning this election by 1.6 to 2.3 points.

    The Republican Party got another boost on Aug. 28, when its preferred candidate, U.S. Rep. Martha McSally (R-AZ), won the Republican primary for Arizona’s open Senate seat. McSally, a U.S. Air Force veteran, will take on Democratic nominee and fellow U.S. Rep. Kyrsten Sinema (D-AZ) in the general election. Trump won Arizona two years ago by three points, but only around 47 percent of the state’s voters approve of his performance. Although Arizona is traditionally conservative, this will be a tight race as Sinema has styled herself as a moderate, having voted with President Trump’s position 58 percent of the time during her tenure in the House. Recent polling shows McSally with a slight edge, and we believe she will prevail on election day in what should be a very close race. 


    Jeffrey J. Kimbell, president and founder of Jeffrey J. Kimbell & Associates Inc., represents 35 clients in the life sciences community seeking legislative and policy remedies in Washington. Founded in 1998, the firm provides strategic solutions to hand-selected clients seeking creation, modification, or proper implementation of public law.

    David C. Rudloff is a manager of government relations at Jeffrey J. Kimbell & Associates Inc. He previously worked as a litigation paralegal at Covington & Burling in Washington, D.C. Rudloff graduated from Davidson College in 2016 with a bachelor of arts degree in political science. 
    Related Searches
    • u.s. food and drug administration
    • innovation
    • abbott
    • healthcare
    Suggested For You
    CMS Expedites Breakthrough Device Access; Industry Applauds CMS Expedites Breakthrough Device Access; Industry Applauds
    With Trump’s Space Force Idea Gaining Steam, Could a U.S. Health Force Be Far Behind? With Trump’s Space Force Idea Gaining Steam, Could a U.S. Health Force Be Far Behind?
    Making Sense of Medtech M&A and Trade Wars Making Sense of Medtech M&A and Trade Wars
    Outset Medical Raises $132 Million to Accelerate Expansion of its Tablo Hemodialysis System Outset Medical Raises $132 Million to Accelerate Expansion of its Tablo Hemodialysis System
    Potential Sunshine Act Changes & A 2018 Midterm Elections Update Potential Sunshine Act Changes & A 2018 Midterm Elections Update
    The Tax Man Cometh for the Healthcare Industry—Again The Tax Man Cometh for the Healthcare Industry—Again
    28. Hill-Rom Holdings Inc. 28. Hill-Rom Holdings Inc.
    Industry Applauds House Passage of Device Tax Repeal Bill Industry Applauds House Passage of Device Tax Repeal Bill
    Buyer (and Seller) Beware:  Rate-Setting Commissions and the Future of Healthcare Delivery Buyer (and Seller) Beware: Rate-Setting Commissions and the Future of Healthcare Delivery
    Medical Devices and the Political Climate of 2018: An Update from the Swamp Medical Devices and the Political Climate of 2018: An Update from the Swamp

    Related Content

    • CMS Expedites Breakthrough Device Access; Industry Applauds

      CMS Expedites Breakthrough Device Access; Industry Applauds

      New rule creates an accelerated Medicare coverage pathway for innovative products that the FDA deems ‘breakthrough.’
      MPO Staff 01.13.21

    • With Trump’s Space Force Idea Gaining Steam, Could a U.S. Health Force Be Far Behind?

      With Trump’s Space Force Idea Gaining Steam, Could a U.S. Health Force Be Far Behind?

      ...
      Chris Oleksy, Emergent Respiratory 10.16.18

    • Making Sense of Medtech M&A and Trade Wars

      Making Sense of Medtech M&A and Trade Wars

      ...
      Mark Bonifacio, President, BCS LLC 10.16.18


    • Outset Medical Raises $132 Million to Accelerate Expansion of its Tablo Hemodialysis System

      Outset Medical Raises $132 Million to Accelerate Expansion of its Tablo Hemodialysis System

      Technology is designed to reduce the cost and complexity of dialysis and transform patient care.
      Outset Medical 08.30.18

    • Potential Sunshine Act Changes & A 2018 Midterm Elections Update

      Potential Sunshine Act Changes & A 2018 Midterm Elections Update

      ...
      Jeffrey J. Kimbell and David C. Rudloff , Jeffrey J. Kimbell & Associates Inc. 07.26.18


      Breaking News
      • Linear Health Sciences’ Orchid SRV Receives FDA & Health Canada Approval
      • Vivasure Medical Raises $23 Million in Series D Financing Round
      • New Patents Add Value to Know Labs' Bio-RFID Tech
      • Ra Medical Granted Patent for Catheters With Expanded Ablation Area
      • ReCor Medical Presents Data from Two Randomized Trials
      View Breaking News >
      CURRENT ISSUE

      May 2022

      • Cybersecurity Challenges Leave Medical Device Makers Insecure
      • Contract Design for Medtech
      • Diabetes Medical Device Technology Update
      • Medtech Full-Service Outsourcing Q&A 2022

      Cookies help us to provide you with an excellent service. By using our website, you declare yourself in agreement with our use of cookies.
      You can obtain detailed information about the use of cookies on our website by clicking on "More information”.

      • About Us
      • Privacy Policy
      • Terms And Conditions
      • Contact Us

      follow us

      Subscribe
      Nutraceuticals World

      Latest Breaking News From Nutraceuticals World

      Nootropics and Adaptogens Respond to Demand for Mind and Mood Support
      Sabinsa Honors 70th Anniversary of Diplomacy Between India and Japan
      Solvay Invests in Suanfarma’s Vanillin Production
      Coatings World

      Latest Breaking News From Coatings World

      DIC’s Indian Subsidiary Begins Construction of Coating Resins Production Facility
      Celanese Declares Force Majeure on Acetyl Chain and Acetate Tow Products
      CPI Announces New Hybrid Professional Development Program for 2022
      Medical Product Outsourcing

      Latest Breaking News From Medical Product Outsourcing

      Linear Health Sciences’ Orchid SRV Receives FDA & Health Canada Approval
      Vivasure Medical Raises $23 Million in Series D Financing Round
      New Patents Add Value to Know Labs' Bio-RFID Tech
      Contract Pharma

      Latest Breaking News From Contract Pharma

      Evotec SE and Sernova Corp Announce Partnership in the Field of Diabetes
      Emergex COVID-19 Vaccine Candidate Successfully Coated onto Zosano Micro-Needle Patch
      Thabor Therapeutics Appoints Jérémie Mariau as CEO
      Beauty Packaging

      Latest Breaking News From Beauty Packaging

      Aveda is Leaping Bunny Approved by Cruelty Free International
      Smashbox Expands Becca Highlighter Collection
      Bite Beauty Is Closing Later This Year
      Happi

      Latest Breaking News From Happi

      Filipino Cosmetics Company Sunnies Face Enters US Market
      Selig Group Names Adam Sheridan Next President
      Nautica Introduces Oceans Pacific Coast Vegan & Sustainable Fine Fragrance Collection
      Ink World

      Latest Breaking News From Ink World

      Nazdar Ink Technologies to Manufacture VFP Ink Technologies Electronic Inks for US
      Sun Chemical Heads to Flexo and Labels 2022
      PETRONAS Chemicals Group to Acquire Perstorp Group
      Label & Narrow Web

      Latest Breaking News From Label & Narrow Web

      Essentra Packaging invests in Landa Nanographic press
      Nazdar to manufacture VFP electronic ink for US Market
      SunDance moves into flexible packaging with HP Indigo
      Nonwovens Industry

      Latest Breaking News From Nonwovens Industry

      H&V Appoints Vice President and General Counsel
      The Honest Company to Sell Diapers, Wipes at Walmart
      Jim Cree Joins Monadnock Nonwovens
      Orthopedic Design & Technology

      Latest Breaking News From Orthopedic Design & Technology

      Paragon 28 Launches Grappler Suture Anchor System
      Paul Stellato Appointed Chief Accounting Officer at Zimmer Biomet
      DuPuy Synthes’ INHANCE Shoulder System Cleared by FDA for Reverse Total Shoulder Arthroplasty
      Printed Electronics Now

      Latest Breaking News From Printed Electronics Now

      Jabil Strengthens Additive Manufacturing Offerings
      Avery Dennison, Wiliot Partner to Build and Scale the Future of IoT
      HP Delivers Enhanced Platform Capabilities to Accelerate Additive Manufacturing Production at Scale

      Copyright © 2022 Rodman Media. All rights reserved. Use of this constitutes acceptance of our privacy policy The material on this site may not be reproduced, distributed, transmitted, or otherwise used, except with the prior written permission of Rodman Media.

      AD BLOCKER DETECTED

      Our website is made possible by displaying online advertisements to our visitors.
      Please consider supporting us by disabling your ad blocker.


      FREE SUBSCRIPTION Already a subscriber? Login