This overview is excerpted from Manatt on Health, Manatt’s subscription service that provides in-depth insights and analysis focused on the legal, policy and market developments.

The post-convention Congressional session in September is likely to focus on keeping the government funded past the end of the current federal fiscal year on September 30, with the next opportunity for substantive health policy legislation coming in the lame duck session after the November elections. 

All indications point toward a relatively short-term federal appropriations continuing resolution through mid-November, expiring just after Congress reconvenes following the election. While the new Congress will not take office until January, the election results will likely shape incentives the current Congress has to make—or not make—long-term funding or policy decisions.

Committees continue working behind the scenes to prepare policies with an eye toward a potential end-of-year health policy package. Notably, many of the pandemic-era telehealth flexibilities expire on December 31, so it is possible that the House Energy and Commerce Committee will hold a markup in September to prime this legislation for post-election consideration.