November 06, 2020

Inside Health Policy Article on Potential Election Impact to Affordable Care Act Features Insight from Faegre Drinker Consulting

In the article, “Election Results Likely Thwart Public Option, But Other ACA Fixes In Play,” Inside Health Policy (IHP) featured insight from Faegre Drinker Consulting on the outcome and potential impact to the Affordable Care Act (ACA) should former Vice President Joe Biden win the White House and Republicans retain control of the Senate.

According to IHP’s analysis from health care professionals’, including Faegre Drinker Consulting, sweeping changes to the ACA are likely off the table for the near term, but the possibility of other legislative fixes to ACA still exist.

“Democrats had talked about ending the filibuster or using budget reconciliation as a way to move health care policies through the Senate. But health care [professionals] at Faegre Drinker Consulting note in a post-election memo that the closely divided Senate takes both tools off the table,” IHP said.

According to Faegre Drinker Consulting, IHP says “it’s a safe bet the public option or Medicare policies are unlikely to move, but it will be interesting to see if any ACA legislation might be viable and what types of regulatory actions a Biden administration might pursue.”

“If Biden wins the presidency, it is interesting to contemplate his longstanding relationship with McConnell, including when he was Vice President and often called upon to negotiate with Congress,” the firm said.

Faegre Drinker Consulting also said a divided Congress could mean that a small group of centrist senators play key roles, including Senators Susan Collins (R-ME), Lisa Murkowski (R-AK), Joe Manchin (D-WV), Mitt Romney (R-UT), Shelly Moore Capito (R-WV) and Rob Portman (R-OH) as potential negotiators.

The full article is available to Inside Health Policy subscribers. 

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