Health Policy Report

The Week in Review

Congress enjoyed the second week of its two-week recess for the Easter and Passover holidays. Spending negotiations remained in the headlines as lawmakers planned for a funding bill to govern federal spending for the remainder of the 2017 fiscal year, and both parties prepared to battle over the decision of whether to include allocation for Affordable Care Act (ACA) cost-sharing subsidies. The Medicaid and CHIP Payment and Access Commission (MACPAC) met to review their June report to Congress, particularly their recommendation on State contingency plans should Congress fail to reallocate funding for the CHIP program. Furthermore, HHS Secretary Tom Price announced Wednesday how much states will receive in grants to help combat opioid abuse of the available $485 million in federal funding.

 

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Health Policy Report

The Week in Review

Lawmakers left Washington to start a two-week break in honor of the Easter and Passover holidays. As with a previous recess in February, numerous Republican lawmakers faced hostile receptions in town hall meetings over the American Health Care Act (AHCA) and other Trump Administration policies. The Republican plan to overhaul the Affordable Care Act (ACA) is still alive, but it remains unclear whether the White House or congressional leadership will be able to bridge the divide between the moderate and conservative wings of the party. More details on President Trump’s position is included in our roundup below.

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Health Policy Report

The Week in Review

With Easter recess calling, policymakers in Washington had a noteworthy week on both the domestic and international fronts. Starting in the Senate, Majority Leader Mitch McConnell (R-KY) “went nuclear” to confirm Supreme Court nominee Neil Gorsuch as Democrats rallied the votes to maintain a futile filibuster. With 45 Democrats opposed to Gorsuch’s nomination – mostly over his strongly conservative record and in retaliation their belief that Republicans slighted Obama nominee Merrick Garland by refusing to hold a hearing or vote on his nomination for nearly 300 days – the majority elected to change Senate rules in order to confirm Gorsuch on a simple majority. Many senators on both sides lamented the loss of the 60-vote threshold for high court nominees, fearing that future selections may be far more ideological, but no compromise solution ever truly took shape. Gorsuch was officially confirmed on Friday and will be able to hear the court’s last few cases before they adjourn in June.

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Today on the Hill: A Nuclear Showdown in the Senate

The Senate is set to go nuclear today as the partisan confrontation over Neil Gorsuch’s nomination to the Supreme Court reaches its seemingly inevitable conclusion. A cloture vote on the nomination – which would require 60 votes to be approved – is set for this morning and is expected to fail, with as many as 43 of the chamber’s Democrats likely to line up to block the nominee. As soon as that vote fails, Senate Majority Leader Mitch McConnell (R-KY) will initiate the parliamentary steps necessary to launch the “nuclear option” and allow for Gorsuch to be confirmed on a simple majority vote. Specifically, Leader McConnell will likely raise a “point of order” asserting that a simple majority vote can end debate in the chamber for Supreme Court nominees. The point of order can then be approved by all 52 Senate Republicans, clearing the way for another vote on ending debate on Gorsuch’s nomination – this one only requiring a simple majority to be approved. A final up-or-down vote could then be held either today or tomorrow, but even considering the importance of a lifetime appointment to the nation’s highest court, Gorsuch’s confirmation will likely be remembered for the legacy that the change in Senate process will have on future nominations.    

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Financial Services Report

Our Take

If you believe that America’s greatness was built on the concept of incremental policy movements built on compromises – then you are likely troubled that as of late it seems like both sides of the political spectrum consistently retreat to their respective wings and therefore seem to perpetually advocate binary choices (i.e., you’re either with us or against us) that result in policy that flip flops with whoever is in power. We have said before that President Trump is the wrong answer to the right question and after the failure of the Health Care legislation it appears that he may be trying to be the disruptor that he campaigned as – however, much to the concern of establishment Republicans that might require the President to work with Democrats. With the funding of the government quickly running out – conveniently set to expire on the President’s symbolic 100th day in office – he is being presented an opportunity to show his willingness to compromise and put a ribbon his first legislative victory. Let’s see if he takes it.

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Today on the Hill: Democrats Secure Votes for Gorsuch Filibuster as McConnell Prepares to Go Nuclear

The Senate took one more step towards going nuclear yesterday after Sen. Chris Coons (D-DE) became the 41st  Democrat to commit to filibustering the confirmation of Neil Gorsuch, President Trump’s nominee for the Supreme Court. With the minority’s votes secured, Senate Majority Leader Mitch McConnell (R-KY) will likely file cloture today to begin the formal floor consideration process and begin the parliamentary process for using the “nuclear option” to change Senate rules and kill the filibuster for Supreme Court nominees. Leader McConnell and Senate Republicans have given every indication that they intend to follow through with changing Senate rules, and at this point, it seems that neither party is likely to budge from their position. The collapse of the 60-vote threshold for Supreme Court nominees marks the end of a decades-long battle over the role of the minority in confirming judicial nominations – then-Senate Majority Leader Harry Reid (D-NV) killed the filibuster for low-level federal judges in response to Republican intransigence in 2013 – and it may lead to more ideological judicial selections by both parties in the decades to come. Floor statements on the Gorsuch nomination will likely reflect that history and the uncertain future more than any commentary on the nominee himself.

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This Week on the Hill: Senate Preps for SCOTUS Nominee Drama as Easter Recess Approaches

Jet fumes are in the air as lawmakers eye the end of a six-week stretch in Washington with the beginning of a two-week recess this Friday. The impending battle over Neil Gorsuch’s nomination to the Supreme Court will be the week’s highlight, but ongoing negotiations on funding the government beyond the expiration of the current continuing resolution (CR) and a resurrection of Republican health care legislation will also be items to watch.

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Health Policy Report

The Week in Review

It was a relatively quiet week in Washington compared to the American Health Care Act (AHCA) related chaos of the week prior. The most notable floor action came from the House as the chamber advanced a controversial Senate-passed disapproval resolution (S.J. Res. 34) that would nullify a Federal Communications Commission (FCC) rule governing how Internet service providers may utilize consumer data.  Critics claim that the resolution represents a gutting of internet privacy rights, while proponents have argued that the FCC’s rule could limit the ability of broadband providers to compete for online advertising dollars. House passage, by a narrow 215-205 margin, sends the resolution to the president’s desk, and the White House has indicated President Trump will sign the measure.

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