Prescription Freedom Act of 2023 This bill generally eliminates the authority of the Food and Drug Administration (FDA) to require that a drug be dispensed only with a prescription. However, the FDA may continue to require a prescription for any drug intended for terminating a pregnancy.

Medical Innovation Acceleration Act of 2023 This bill exempts noninvasive diagnostic devices from the regulatory authority of the Food and Drug Administration. The bill defines noninvasive diagnostic device as one that does not penetrate the skin or any other membrane of the body, is not inserted or implanted into the body, causes no more than ephemeral compression or temperature changes to in situ bodily tissues, and does not subject bodily tissues to ionizing radiation.

Safeguard Healthcare Industry Employees from Litigation and Distress Act or the SHIELD Act This bill establishes a framework to limit interference with persons seeking to provide or access reproductive health services at the state level. For the purposes of this summary, interference with persons seeking to provide or access reproductive health services includes acts to prevent, restrict, impede, or retaliate against a health care provider who provides reproductive health care services, any person or entity who helps health care providers to provide such services, any person who seeks to access such services, or any person or entity who helps another person to access such services. First, the bill reduces the allocation of funds under certain law enforcement grant programs for a state that has in effect a law authorizing state or local officers or employees to interfere with persons seeking to provide or access reproductive health services. Second, the bill prohibits interference with persons seeking to provide or access reproductive health care services by state or local officers or employees acting under color of law in any manner that would have a discriminatory effect on a woman, and by persons who are not state or local officers or employees and are attempting to implement or enforce a state law in circumstances affecting interstate commerce. The bill authorizes civil remedies for a violation, including damages and injunctive relief. Additionally, it authorizes criminal penalties for a violation involving the use of a deadly or dangerous weapon or the infliction of bodily injury.

This bill permanently allows any site to serve as an originating site (i.e., the location of the beneficiary) for purposes of Medicare telehealth services, including a beneficiary's home.

Mandating Exclusive Review of Individual Treatments (MERIT) Act This bill specifies that coverage determinations for drugs and biologics under Medicare must be made with respect to each drug or biologic, rather than with respect to a class of drugs or biologics.

This bill nullifies the order issued by the Centers for Disease Control and Prevention titled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic and published on April 7, 2022. (The order restricts the entry of noncitizens who are not immigrants into the United States by air travel unless they are fully vaccinated against COVID-19 or otherwise attest that they will take public health measures to prevent the spread of the disease.) The bill also nullifies any successor or subsequent orders that require foreign persons traveling by air to show proof of a COVID-19 vaccination as a condition of entry and prohibits the use of federal funds to administer or enforce such a requirement.

Washington, D.C. Admission Act This bill provides for the admission of the state of Washington, Douglass Commonwealth into the United States. The commonwealth consists of all the territory of the District of Columbia (DC), excluding certain federal property. The excluded property shall be known as the Capital and serve as the seat of federal government; it includes the principal federal monuments, the White House, the Capitol Building, the Supreme Court Building, and the federal office buildings located adjacent to the Mall and Capitol Building. In addition, the bill maintains the federal government's authority over military lands and specified other property and prohibits the commonwealth from taxing federal property except as permitted by Congress. Within 30 days of this bill's enactment, the DC mayor must call for the election of two Senators and one Representative for the commonwealth. The commonwealth shall be admitted into the United States upon a presidential proclamation announcing the results of that election. The bill applies current DC laws to the commonwealth and continues pending judicial proceedings. It also continues certain federal authorities and responsibilities, including regarding employee benefits, agencies, and courts, until the commonwealth certifies that it is prepared to take over those authorities and responsibilities. Further, the bill provides for expedited consideration of a joint resolution to repeal the Twenty-third Amendment to the Constitution (which allows DC citizens to vote in presidential elections). The bill also establishes a commission to advise the President, Congress, and DC and commonwealth leaders on the transition.

No Patient Left Alone Act of 2023 This bill requires hospitals, as a condition of Medicare participation, to have certain written policies and procedures that provide for patient visitation rights and to inform patients of such rights, including any applicable restrictions.

Patient Access to Urgent-Use Pharmacy Compounding Act of 2023 This bill relaxes certain requirements for compounding drugs that are facing shortages. Drug compounding is the process of mixing or otherwise altering drugs to create a medication. Currently, the Food and Drug Administration (FDA) allows for drug compounding subject to certain requirements. Generally, a licensed pharmacist or physician not registered with the FDA may only compound drugs in limited quantities for prescriptions for a specific individual patient. On the other hand, an FDA-registered outsourcing facility may compound drugs in bulk for use in medical facilities but is subject to additional requirements. This bill allows a compounder not registered with the FDA to compound drugs in limited quantities for an urgent medical need not involving a specific patient if, among other requirements (1) the prescriber certifies that the prescriber is unable, despite reasonable attempts, to obtain certain related drugs with the same active ingredient and route of administration; (2) the compounded drug meets certain labeling requirements, including an indication that the compounded drug is provided only for urgent administration to a patient; and (3) the compounder requests and maintains certain records about patients receiving the compounded drug. Furthermore, a restriction against an unregistered compounder regularly compounding (or compounding inordinate amounts of) what is essentially a copy of a commercially available drug shall not apply if the drug is on a shortage list maintained by the FDA or the American Society of Hospital Pharmacists.

Responsible Path to Full Obamacare Repeal Act This bill repeals the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, effective at the beginning of FY2024. Provisions of law amended by those acts are restored.

Health Coverage Choice Act This bill provides statutory authority for the Department of Treasury, the Department of Labor, and the Department of Health and Human Services rule dated August 3, 2018, regarding short-term, limited-duration health insurance plans. That rule increases the maximum authorized duration of such plans from less than 3 months (including renewals) to an initial maximum duration of less than 12 months (with a total duration of up to 36 months, including renewals).

This bill establishes which state law governs health insurers offering coverage in multiple states. Specifically, the bill provides that the laws of a state designated by a health insurer (primary state) apply to individual health insurance coverage offered by that insurer in any other state (secondary state) if the coverage, states, and insurer comply with the conditions of this bill. Insurers are exempted from any secondary state's laws that would prohibit or regulate the operation of the insurer in that state. The primary state is given sole jurisdiction to enforce its covered laws in any secondary state. The Government Accountability Office must study the effect of this bill on specified health insurance issues.

Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act This bill places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. The bill also makes several other changes to registration requirements for conducting research with controlled substances, including permitting a single registration for related research sites in certain circumstances, waiving the requirement for a new inspection in certain situations, and allowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.

Medicare Hearing Aid Coverage Act of 2023 This bill allows for Medicare coverage of hearing aids and related examinations. The Government Accountability Office must study programs that provide assistance for hearing aids and related examinations for individuals with hearing loss.

Breath of Fresh Air Act This bill establishes a grant program for local educational agencies to purchase, and train school personnel to use, nebulizers.