Healthcare Preview for the Week of: July 22, 2024

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Will We Ever See “Precedented Times” Again?


If the last month, if not the last several years, has felt like emotional-political whiplash, it is for good reason. We’ve witnessed the US Supreme Court issue landmark rulings, a disastrous first presidential debate for President Biden and an assassination attempt on former President Trump that left a civilian dead and two others gravely injured. On Sunday, President Biden added to that list when he announced that he would no longer seek reelection in November. Quickly thereafter, Vice President Harris announced her candidacy for president and was endorsed by Biden and many others. She appears to be well on her way to becoming the Democratic nominee for president, with the election just over 100 days away.

Even with a few historical reference points of similarity (see President Lyndon B. Johnson and President Harry Truman), the surrounding circumstances are unique, the players involved are even more polarizing and with 105 days left until the election, the timing is unprecedented. Most of the country’s focus, at least until the next unprecedented event, will be on who Harris selects as her running mate. Our money is on either North Carolina Governor Roy Cooper or Pennsylvania Governor Josh Shapiro, both from swing states with a significant number of electoral college votes at stake.

While this is still not a healthcare election, the change in candidates could mean that healthcare plays a slightly different role. For starters, we no longer have the two oldest presidential candidates running against each other, so we will see how age plays going forward. Second, while abortion and reproductive care were always going to be a platform for both sides, having an openly pro-choice woman presumably as the face of the Democratic party means that the focus and messaging will be more direct. Only time will tell how else healthcare will be platformed throughout the remainder of the election cycle.

Congress will address these unprecedented times with investigations into the US Secret Service’s failures in the assassination attempt. There is other work to complete before the August recess, including ongoing consideration of appropriations bills. In the House, the Committee on Veterans’ Affairs will hold a hearing assessing the modernization of electronic health records, and the House Committee on Oversight and Accountability will hold its third hearing on the role of pharmacy benefit managers. The House Committee on Energy and Commerce Health Subcommittee will hold a hearing on restoring public trust in the Centers for Disease Control and Prevention.

The Senate Committee on Health, Education, Labor and Pensions also has a potential session to consider whether to subpoena testimony from Steward Health Care CEO Ralph de la Torre.

Let’s brace ourselves for the days and months ahead and remember that whether we like it or not, change is gonna come.

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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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