Washington, D.C. – Congressman Michael C. Burgess, M.D. (R-TX), Republican Leader of the House Energy and Commerce Subcommittee on Health delivered the following opening statement at today’s Health Subcommittee mark up.

As Prepared for Delivery

Thank you, Madam Chair. Today’s mark up includes some important pieces of legislation, which I am thankful will continue to move through the Energy and Commerce Committee. One important bill, H.R. 5534, the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2019, a policy that I have championed for nearly a decade.

In 1972, Congress enacted legislation to allow certain individuals with end-stage renal disease (ESRD) to enroll in Medicare. This is the first time an individual under the age of 65 would be eligible to enroll in Medicare due to a medical condition. Medicare beneficiaries with ESRD account for roughly seven percent of Medicare fee-for-service spending, but only make up one percent of total Medicare enrollment. These patients are incredibly ill and often have numerous other costly chronic conditions.

A kidney transplant is an investment that the government makes into the patient’s future. Medicare pays for the patient’s kidney transplant if they have the ESRD benefit, and that transplant should be a solid investment in the future health of that patient. Unfortunately, that investment is lost and the patient’s health takes a turn for the worse if they cannot get their immunosuppressive drugs and reject their kidney transplant. We should protect that investment.

Currently, Medicare only covers immunosuppressive drugs for 36 months; however, these patients require these drugs for the rest of their lives. H.R. 5534 directly addresses that problem by extending Medicare coverage of immunosuppressive drugs past 36 months for patients that do not obtain health care coverage elsewhere. This is a policy that has the support from everyone from patients to transplant surgeons, and it is something that the kidney community has coalesced behind for years.

In July, I attended the launch of President Trump’s “Advancing American Kidney Health” Initiative, which aims to improve care and foster innovation to benefit kidney patients across the country. My policy, H.R. 5534, aligns with the goals of the Administration. In fact, both the CMS Office of the Actuary and the Office of the Assistant Secretary for Planning and Evaluation at HHS have published reports on the benefits of extending Medicare coverage of immunosuppressive drugs, which include financial savings for the Medicare program.

This is the time to make a difference in the lives of kidney patients. H.R. 5534 will deliver those marked improvements in the lives of ESRD patients and their families. I look forward to seeing this legislation move through the Energy and Commerce Committee and ultimately becoming law.

Other legislation before us today will help provide American patients with the care they need. For example, Rep. Buddy Carter’s bill, H.R. 3935, would continue the requirement that state Medicaid programs provide coverage of nonemergency transportation to medically necessary services.

We have important bills that will help families and children such as H.R. 2271, the Scarlett’s Sunshine on Sudden Unexpected Death Act; H.R. 2468, the School-Based Allergies and Asthma Management Program Act; H.R. 4801, the Healthy Start Reauthorization Act of 2019 and H.R. 2117, the FASTER Act of 2019.

Other bills will help deliver safe and effective pharmaceuticals and medical devices to Americans, such as Rep. Guthrie’s H.R. 5663, the Safeguarding Therapeutics Act; H.R. 4712, the Fairness in Orphan Drug Exclusivity Act; and H.R. 4866, the National Centers of Excellence in Continuous Pharmaceutical Manufacturing Act of 2019.

In the wake of this novel coronavirus outbreak, it is important that our supply chain, pharmaceutical manufacturing, and medical devices are available and safe. These pieces of legislation are important to public health protection by allowing the HHS Secretary to destroy certain counterfeit medical devices, protecting orphan drugs, and improving continuous manufacturing capabilities.

In the midst of discussions about ensuring a robust and efficient health care workforce in the wake of coronavirus, it is disappointing that we are not including a bill I introduced with Chairwoman Eshoo, H.R. 4870, the United States Public Health Service Modernization Act of 2019. This bill would provide retirement benefits, rights and privileges to our hardworking and necessary Ready Reserve Corps. 

I also hope that this committee can continue to negotiate cosmetics reform legislation in a good-faith and bipartisan manner going forward to address outstanding issues, including federal pre-emption and small business. I look forward to continuing to improve the language and ensuring true bipartisan support throughout this Committee. Thank you, I yield back.

To watch his full remarks, click here.

###