Following the November 2016 election results, the future of healthcare reform hangs in the balance.
Republican control of the White House and Congress is expected to bring sweeping healthcare changes beginning in the earliest days of 2017. The Republican leadership has reiterated its intention to repeal and replace the Affordable Care Act (ACA), which also could include major reforms to the Medicare and Medicaid programs. Repeal of the ACA—whether in full or in part—would affect every health sector and stakeholder, including health insurers, manufacturers, laboratories, hospitals, providers, and most importantly, patients.
In addition to reforming the individual and small group health insurance markets and aspects of the group health insurance market, the ACA includes significant reforms to the Medicare and Medicaid programs. Examples of such reforms include filling the Medicare Part D “donut hole”, expanding Medicaid eligibility and creating both the Medicare Independent Payment Advisory Board and the Center for Medicare and Medicaid Innovation. In addition, the ACA amended the 340B drug pricing program, created a new approval pathway for biosimilar biological products, and established the Patient-Centered Outcomes Research Institute.
Sidley has assembled a dedicated task force that is closely monitoring all ACA-related developments. We will report on legislative and administrative proposals, as well as nominations and government investigations. We are ready to advise our clients on the impact of these developments and to assist in engaging and responding every step of the way.
News & Insights
- The Department of Health and Human Services (HHS) has released information regarding the federal officials who will lead HHS during the presidential transition, beginning January 20. HHS Deputy Assistant Secretary Norris Cochran will serve as the acting Secretary. Acting leadership for the federal health agencies and offices, including the Centers for Medicare and Medicaid Services (CMS), Food and Drug Administration, Health Resources and Services Administration, Office for Civil Rights and National Institutes of Health, can be found here.
CMS acting officials are listed below:
- Patrick Conway, acting Administrator
- Liz Richter, acting Principal Deputy Administrator
- Karen Jackson, acting Chief Operating Officer
- Cynthia Tudor, acting Director, Center for Medicare
- Tim Hill, acting Director, Center for Medicaid and CHIP Services
- Jeff Wu, acting Director, Center for Consumer Information and Insurance Oversight
- Jonathan Morse, acting Director, Center for Program Integrity
- Amy Bassano, acting Director, Center for Medicare and Medicaid Innovation
- ACA in the 115th Congress: “Repeal and Replace” Strategy Moves Forward But Faces Hurdles – January 2017
- President-elect Donald Trump’s HHS Landing Team Members – January 2017
- Rep. Tom Price (R-GA): President-elect Donald Trump’s Nominee for Secretary of the Department of Health and Human Services – January 2017
- Seema Verma, MPH: President-elect Donald Trump’s Nominee for Administrator of the Centers for Medicare & Medicaid Services – January 2017
- Election Results 2016: Preliminary Considerations for the Drug and Device Industry - November 17, 2016
- Election Results 2016: Preliminary Considerations for the Health Insurance Industry - November 15, 2016
Affordable Care Act Events
- On October 31, Sidley sponsored the symposium entitled “The Affordable Care Act: Trick or Treat?” to examine the Act’s five-year impact on the U.S. economy, political and legal landscape and medical outcomes. The event featured experts from the University of Chicago’s Booth School of Business, Harris School of Public Policy, Law School and Pritzker School of Medicine, as well as the University of Princeton and American Medical Association.
- “Mixing Policy and Politics: Opportunities and Challenges for our President-Elect,” Partnering for Cures, Dora Hughes, New York, NY November 14, 2016.
- “What does the Presidential Election mean for the Healthcare Community?” Illinois Biotechnology Innovation Organization, Dora Hughes, Chicago, IL December 7, 2016.
If you have any questions regarding ACA reform and how it might have an impact on your business, please contact the Sidley lawyer with whom you usually work, or
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