ARTICLE
15 January 2019

ML Strategies Health Care Preview - Week Of January 7, 2019

M
Mintz

Contributor

Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
The partial government shutdown is on its 17th day with no end in sight. In this week's preview, we discuss how reaching a solution is challenging for both sides and implications for legislating going forward.
United States Food, Drugs, Healthcare, Life Sciences

There is still no end in sight to the government shutdown which is entering its 17th day. How policymakers find an exit ramp to this latest impasse will have lasting implications on the 116th Congress. Compromise can often be a dirty word in politics. Should the Democratic leaders offer any concession that doesn't sit well with the progressive base, they risk inflaming the fragile alliance that exists before this Congress even gets underway.

The President could concede that the House-passed continuing resolution is something he would sign, but without achieving some level of funding for a border wall, he risks losing confidence of key leaders within the GOP, perhaps even the base itself. The shutdown could be ended with some degree of compromise, but that is hard to achieve when compromise comes with so much political risk.

In the meantime, the Money Follows the Person program hangs in the balance while the shutdown showdown drags on. It was ready to move in the December 19th Senate-passed bill and in the House-passed bill last week. While good signs, it still has to be in something signed by the President.

POLLING IN HEALTH CARE

The recent Politico-Harvard poll is very important for capturing the volatility in the health care atmosphere. The poll showed that in the current election cycle and into governing afterwards, successful messaging means everything. Be it Medicare for All, lowering drug pricing, or even fixing the ACA (which received 76% support in the poll), if parties and candidates craft a message that captures the intensity of beliefs in the poll, that could be the pathway to winning elections and ultimately making policy in the future.

That said, one should always be careful in attributing too much to polling data. The Politico-Harvard Poll also showed that 46% say limiting Medicaid enrollment should be a priority, while 70% say increasing Medicaid enrollment should be a priority on the very next question. So it may not be fair to call these deeply held beliefs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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