Congress Avoids Shutdown, Funds Federal Government Through November 17, and Extends Certain Health Programs

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On the afternoon of Saturday, September 30, 2023, Congress passed H.R. 5860, the Continuing Appropriations, 2024 and Other Extensions Act, averting a government shutdown and funding the federal government for forty-five days through November 17, 2023. The House approved H.R. 5860 by a vote of 335-91, with 209 Democrats joining with 126 Republicans to approve the bill. Ninety Republicans and one Democrat voted against the measure. The Senate approved the legislation by a vote of 88-9, and President Biden signed the bill into law that evening.

In addition to continuing federal government funding, H.R. 5860 provided $16 billion in disaster relief funding in the wake of fires in Hawaii and Louisiana, flooding in Florida due to Hurricane Idalia, as well as flooding in Vermont in July. Additional military aid to Ukraine was not included in the legislation.

H.R. 5860 delayed the Medicaid disproportionate share hospital (DSH) cuts scheduled to take effect on October 1, 2023; those cuts will be delayed to November 18, 2023. The bill extended authorizations for several expiring health programs through November 17, 2023, including:

  • Community Health Centers;
  • National Health Service Corps;
  • Teaching Health Center Graduate Medical Education Program;
  • Special Diabetes Programs for Type I Diabetes; and
  • Certain Pandemic Preparedness Authorities, including the ability to appoint National Disaster Medical System personnel, to reassign state and local personnel during a public health emergency, and to extend selected disaster advisory committees.

Health program authorizations expiring on October 1, 2023, and not extended via the continuing appropriations legislation include:

  • Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act) programs;
  • Children’s Hospital Graduate Medical Education;
  • Maternal health programs including the PREEMIE Reauthorization Act and the Preventing Maternal Deaths Reauthorization Act;
  • The Pandemic and All-Hazards Preparedness Act (PAHPA); and
  • The President’s Emergency Plan for AIDS Relief (PEPFAR), which funds foreign HIV/AIDS assistance.

A summary of legislative activity on H.R. 5860 can be found here, and legislative text can be found here.

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