Health Care Weekly Preview from ML Strategies – January 2019 #3

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The partial government shutdown is on its 31st day and there’s been little to no change in the landscape. Over the weekend, the President offered a proposal that was rejected by Democrats, leaving us about where we were last week. Just about all legislation that could pass Congress is on hold as this plays out, with federal workers expected to miss out on another paycheck this week. There’s no telling where this will end so long as both sides remain resolute. But the question remains if Democrats will not accept any proposal other than immediately re-opening the government, will Republicans concede or pressure Democrats to concede any ground.

The shutdown also slows down the regulatory process, creating a log jam of regulations in the pipeline. However, there are a number of regulations that must get out on time. Just last week CMS released the proposed 2020 Notice of Benefit and Payment Parameters, which sets the requirements for the 2020 ACA marketplaces. While much of this will play out off of Capitol Hill, the rule does seek a legislative fix to cost-sharing reductions payments, as well as an end to silver loading.

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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.

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