Healthcare Preview for the Week of: November 18, 2024

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LAME DUCK: WEEK 2


The incoming Trump Administration made several decisions and announcements in the first week of the lame duck session, including announcing his nominee for Secretary of the US Department of Health and Human Services (HHS). Robert F. Kennedy Jr., an environmental lawyer and former presidential candidate, is the nominee-designate. He will still need to be confirmed by the Senate, which will be controlled by a slim Republican majority in January. Kennedy has led a “Make America Healthy Again” campaign that is presumed to be indicative of where he would lead the department. Although the campaign has no formal, public tenets, available information indicates that key issues and policies of focus include addressing chronic disease, promoting regenerative agriculture and habitat preservation, combatting corporate corruption, and removing toxins from the environment. Kennedy has been particularly outspoken in advocating for personal choice in the use of vaccines, bans on the use of certain chemicals and additives in food, and the need to revamp the staffing of federal health agencies. All of these issues would fall under the purview of the agencies and offices overseen by HHS. Now we await word of other nominations for key cabinet positions.

Meanwhile, the Biden Administration is still active as the term comes to a close. Several state Medicaid programs, for example, are pressuring the Administration to approve waivers that would make allowances for policies that the Trump Administration would likely not approve in their current forms, such as using federal funds to pay for housing and food.

On the legislative side, Congress is in session and meeting this week, but the majority of what has to get done before the end of the year is likely to take place in the three weeks following the Thanksgiving break. The three must-do items include approving appropriations for the National Defense Authorization Act (defense spending), disaster relief funds, and a continuing resolution (CR) to fund the government beyond December 20, 2024. The Office of Management and Budget is expected to submit a disaster supplemental appropriations request later this week, but it is unclear if the funding would be tied to a potential CR or given separate consideration as a supplemental bill. Reports note that the CR could be as short-term as three months or extend as far as the end of the current fiscal year. It is similarly uncertain what few health provisions might be included in the CR, so there is much to monitor as lame duck continues.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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