Health Reform WK-EDGE health care roiled by actions of Trump and Congress
Friday, July 28, 2017

health care roiled by actions of Trump and Congress

By Kathryn S. Beard, J.D. and Paul T. Clark

Since January, both President Trump and Republican leaders in Congress have talked about a three-step process for repealing and replacing the Patient Protection and Affordable Care Act (ACA)—legislation to eliminate parts of the ACA that most impact the federal budget (to make it easier for a bill to pass the Senate under budget reconciliation rules); administrative actions by HHS and other agencies; and further legislation to further reform the private health insurance market.

The first six months of the Trump Administration has seen mixed results. In the seven years since the ACA was enacted, "repeal and replace" has been the battle cry for Republicans in Congress, and President Trump supported the cause in his campaign and since he took office. It took the House two attempts to pass its version of "repeal and replace," legislation that left the bulk of the ACA intact and produced an unfavorable report from the Congressional Budget Office (CBO), which determined the legislation would increase the number of uninsured in the U.S. by 23 million people over 10 years.

The Senate has released two versions of its reform bill, but as of mid-July it had not taken a vote. The Senate reform bill is similar in many respects to the House bill, although it retains many of the taxes that the House bill would eliminate and adds different options for individuals to purchase health insurance.

On the administrative side, President Trump issued executive orders focusing on the ACA in particular, but also on regulations in general, delaying the implementation of regulations issued during the last months of the Obama Administration, and charging departments with identifying existing regulations that could be repealed or modified. Although President Trump’s executive team is in place at HHS, CMS, and the FDA, the administration has been slow to fill lower level but significant roles, which has hampered both regulatory review and the issuance of significant new regulations.

This White Paper will review attempts by the Trump Administration and Congress to delay, deregulate, and derail significant parts of federal health policy—not just the ACA—in the first six months of 2017. First, we will examine the two ACA "repeal and replace" bills considered by Congress, as well as the FDA Reauthorization Act of 2017 (FDARA). Next, we will highlight the significant executive and regulatory actions taken by the Trump Administration that directly affect ACA provisions.

Read further: "Delay, Deregulate, Derail – Health Care Roiled by Actions of Trump and Congress."

Attorneys: Andrew Ruskin (Morgan, Lewis & Bockius LLP).

Companies: The Rozovsky Group, Inc.; DermOne LLC; Cooperative of American Physicians, Inc.; Strategic Management, LLC

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