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Executive Order on Health Care Issued

Today, President Donald Trump issued a presidential directive to broaden the development of business association health plans, ease restrictions on short-term medical insurance and expand employer health care reimbursement accounts. The memorandum starts the rulemaking process, which will forge the details of the plans’ requirements. The White House is attempting to expand access to health insurance policies that face fewer regulations after several defeats of ACA repeal this year.

The new regulatory push on adjusting health insurance offerings was signaled by the White House earlier this year but deferred by ongoing and eventually stalled legislative action on repealing and replacing the 2010 health care law.

The order does two important things.

First, it asks cabinet officials to look for ways to expand short-term, limited-duration insurance. These plans generally come with less coverage than health plans sold through the ACA’s individual market, but they have grown in popularity since the ACA’s passage — even though people who buy them face federal penalties because their coverage does not meet the ACA’s standards.

The Presidential memo urges regulators to reverse an Obama administration policy that capped the duration of short-term policies at three months. If that’s enacted, those policies could return to lasting up to almost a year in many states.

Secondly, the order directs agencies to ease rules that allow small businesses, and possibly individuals, to band together in arrangements called “association health plans.” Such arrangements do exist today in some capacity, but expanding them could cause legal headaches for the Administration.

Read the Presidential Memorandum here.

New Deputy Secretary at HHS

Eric Hargan was officially confirmed by the Senate on a 57-38 vote yesterday afternoon.

Hargan’s confirmation comes at a crucial time for HHS, which has relied on career staffer Don Wright to lead the agency since Tom Price resigned as secretary on Friday. Secretary Price’s recent exit helped accelerate the consideration of HHS nominees. Hargan will likely serve as acting secretary until Price’s replacement is confirmed. No word on who will take that position.

Hargan has served in several roles at  HHS before between 2003 and 2007, including Acting Deputy Secretary, before leaving government work to serve as a lawyer in Chicago. Hargan also served on the Trump transition team for HHS.

 

Healthcare Pulled from Senate Floor as “Skinny Repeal” Fails

In a dramatic vote late last night/early this morning, the Senate defeated by a vote of 49-51 the “skinny” repeal bill. In the end, Republicans Susan Collins and Lisa Murkowski were joined by John McCain in siding with the Democrats to bring down the bill.  It was McCain who cast the deciding vote.

It was assumed by many that Collins and Murkowski would vote against the bill. However, how McCain was planning to vote was unknown going into the vote. In the end, he cast the crucial vote. When McCain voted ‘No,’ there were audible gasps on the Senate floor.

Additional background on how last night’s vote unfolded is available here and here.

What are the next steps?  Healthcare has been pulled from the Senate floor for now. After last night’s dramatic vote, a number of Republican committee chairmen suggested that they would be open to hearings on the issue moving forward.

Stay tuned for updates on possible further developments.

Straight Repeal Fails, More Votes Expected During a Long Day

After defeating a repeal-and-replace measure during the first day of debate, the Senate turned down yesterday a straight repeal of the Affordable Care Act by a vote of 45- 54. A myriad of alternatives and amendments are expected to be voted on as the Senate continues its consideration, including a “skinny” repeal, the details of which are not yet final but will most likely include at least the elimination of the individual and employer mandates as well as the tax on medical devices.

The current goal of the Senate leadership appears to be to get even a small legislative package passed by the chamber so that it can go to conference with the House to attempt to craft a new bill.  Some believe that the “skinny” repeal bill could serve as that vehicle.  Whether that is the case remains to be seen.

The debate and votes are expected to last long into the evening.