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CBC Health Braintrust Chair Joins ASC Access Bill as Cosponsor

Representative Kelly champions safeguarding health equity and minimizing healthcare disparities

BY DAVID OPONG-WADEE | OCTOBER 2023

Representative Robin Kelly (D-IL-2) recently joined as a cosponsor of H.R. 972, the Outpatient Surgery Quality and Access Act of 2023, a bill that seeks to increase access for lower-income patients to receive outpatient care in ASCs. Reintroduced during this session in the US House of Representatives by Representatives John Larson (D-CT) and Brad Wenstrup (R-OH), this critical legislation enjoys bipartisan cosponsorship from members of the House and the Senate representing each congressional committee of jurisdiction—the House Committee on Energy & Commerce (E&C), the House Committee on Ways & Means and the Senate Committee on Finance. ASCA is excited to announce Kelly’s particular support considering her leadership on healthcare issues in the E&C and unique insight and perspective from within the Congressional Black Caucus (CBC).

The CBC’s Health Braintrust, led by Chairperson Kelly, serves as the primary healthcare advisory task force for the CBC. The Braintrust has worked tirelessly on issues like Black maternal health, increasing medical and nursing school access for minority students, and affordable access to life-saving medications for HIV/AIDS.

In her role as chair, Kelly champions the CBC's health-related objectives, such as safeguarding health equity and minimizing healthcare disparities in various communities. She has been at the helm of the CBC Health Braintrust since the 114th Congress, working to bridge public-private partnerships with input from various stakeholders across the healthcare community. Importantly, during the 117th Congress, Representative Frank Pallone Jr. (D-NJ-06) designated Kelly as co-vice chair of the then Democrat-controlled E&C Racial Equity Working Group. Last Congress, the working group prioritized a list of bills that would “drill down on tangible results [they], as a committee, can provide to the American communities of color who have faced discrimination, bias, and diminished access to healthcare and economic resources.” Known for her ability to work across the aisle while focusing on issues surrounding racial disparities, Ranking Member Representative Anna Eshoo (D-CA) specifically handpicked the congresswoman to serve on the E&C’s Subcommittee on Health. Kelly built further partnerships with Republican colleagues to move the ball forward on commonsense measures that could be implemented.

For years, ASCA has argued that insufficient reimbursement rates and high deductibles imposed by certain insurers, Medicare and Medicaid have limited access to ASCs for millions of Americans. This unfortunate scenario persists despite surgery centers offering more cost-effective care compared to hospitals and hospital outpatient departments (HOPD). More specifically, when a beneficiary receives the same procedure in an HOPD, the copay is capped at the inpatient deductible amount—currently set at $1,600 for 2023—and the hospital is made whole by the Medicare program. However, no such copay “cap” exists in the ASC setting. So, lower-income patients are pigeonholed into going to a hospital or HOPD to limit their out-of-pocket expenses. This discrepancy limits patients’ access to care in ASCs and ultimately increases costs to Medicare, its beneficiaries and taxpayers. Furthermore, this issue primarily impacts those without supplemental coverage. Racial disparity in access has been noted regarding access to supplemental health insurance; only 40 percent of black beneficiaries have supplemental insurance coverage as opposed to 72 percent of white beneficiaries. Support from Kelly signifies the extent to which H.R. 972 highlights a path forward for E&C Democrats who are focused on addressing such underlying issues.

ASCA remains determined to build bipartisan support. By working to gain cosponsors from across the aisle and highlighting its collaboration with well-respected members of each committee of jurisdiction, ASCA is bringing life to the Outpatient Surgery Quality and Access Act of 2023. We are focused on helping paint the full picture of how ASCs can increase patient access for low-income individuals while saving Medicare billions of dollars. We are continually strengthening relationships with leaders on the federal level who understand the important roll our community has in the fight for increased healthcare access for all. Considering her extensive work with many Democratic and Republican colleagues in the E&C and the CBC, we are certain that Kelly’s endorsement will help H.R. 972 resonate much more with members of Congress in both parties.

Questions? Write David Opong Wadee.