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Full Steam Ahead

Congress returns for its second full week of work as Southern California battles wildfires. As Members of Congress respond to this issue, they also continue to discuss decisions that must be made about government funding, health care extenders, and confirmation hearings for President-elect Trump’s cabinet nominees. So, let’s get into it. Welcome to the Week Ahead!   

The Administration 

Biden’s Nicotine Ban  

President Biden is expected to propose limitations on nicotine in cigarettes before he leaves office on January 20. This move is in line with a long-standing goal of the administration, but it also comes after the Biden administration failed to move forward with a rule to ban menthol cigarettes.  

Presidents often push last-minute policies at the end of their time in office. However, that carries a risk, especially when the president’s party does not control the incoming administration and new Congress. That being said, it’s not a foregone conclusion that the second Trump administration will repeal this proposal. On the one hand, during the first Trump administration, the FDA restricted the sale of certain flavored e-cigarettes over concerns that they were being marketed in a way that appealed to minors.  He also signed legislation that increased the federal minimum age to purchase tobacco to 21 years of age. On the other hand, during the presidential campaign, Trump said he would “Save vaping again.” However, as President Biden prepares to leave office and President-elect Trump prepares to assume it, the future is as cloudy as a smoky room.  

ACA Deadline 

The January 15 deadline to enroll in an Affordable Care Act plan for 2025 is fast approaching. The Department of Health and Human Services is touting that 24 million people have already signed up for coverage, and that this is the fourth year of record enrollment. But once again, the future of this program depends on the actions of a very different administration and a Congress under complete Republican control. Even if Republicans are unlikely to push for a full-scale repeal and replace because of bad memories of the 2017 effort, Congress and the second Trump administration will have to decide on the expanded tax credits that expire at the year’s end.  

The Senate 

Confirmation hearings for President-elect Trump’s nominees begin in force with hearings for the Attorney General, Secretary of State, Secretary of Treasury, and several other nominations scheduled for the week of January 13. One hearing that hasn’t been scheduled? The hearing for Secretary of Health and Human Services nominee RFK Jr. Sen. Crapo (R-ID), who chairs the Senate Finance Committee, had stated he hoped to get this hearing scheduled for the week of January 13. However, as of the writing of this newsletter, the paperwork required to schedule the hearing has not been filed. In the meantime, RFK Jr. Continues talking with Republicans and Democrats to get his nomination across the finish line. But will it be enough, given the reticence from Senate Health, Education, Labor, and Pensions Committee chair Sen. Bill Cassidy (R-LA)? 

Another hearing you might have missed with all the confirmation excitement is the Senate Aging Committee hearing on Jan. 15 on improving senior wellness.  

The House  

Rep. Buddy Carter (R-GA), chair of the Energy and Commerce Health Subcommittee, told the press he is working with House leadership to pass a health care package that was at one point part of the end-of-the-year spending bill. Although the individual provisions (such as telehealth and reforms to pharmacy benefit managers) have bipartisan buy-in, there is not much of an incentive to negotiate if differences arise, and costs could complicate efforts. One thing that could help get Republicans on board is if Trump weighed in with support. Trump has criticized PBMs, so it’s not impossible. It will be interesting to watch to see how Carter moves forward on this.  

There You Have It  

Following the NFL’s Wild Card Weekend, nine teams remain in the hunt for a Super Bowl LIX appearance. For those who’ve made brackets, how is it going? Let us know. Make it a great week!  

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