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Health Care Policies

Health Care Policies

Throughout the 2024 U.S. presidential election, Winston monitored the presidential candidates’ policy positions related to health care. 

Visit Winston & Strawn’s Transition Period Update for timely insights on the pivotal steps shaping the path forward for the Trump/Vance administration. 

Disclaimer: This page is strictly dedicated to providing public information on the candidates’ policy positions and in no way indicates an affiliation with any political party or candidate.

Kamala Harris
derived from Biden-Harris Administration priorities

  • During his first term, President Biden took several steps to shore up and expand key provisions of the Affordable Care Act (ACA). For example, the American Rescue Plan Act (ARPA ) extended and enhanced eligibility for ACA health insurance subsidies in the wake of the COVID-19 pandemic. While those provisions were initially set to expire after two years, the Administration secured an additional three-year extension through the Inflation Reduction Act. A second Biden term would likely bring continued efforts to enhance and expand access to ACA health insurance subsidies as a key pillar of the administration’s health policy initiatives.
  • A second Biden term would also likely focus on enhancing consumer coverage protections created by the ACA. On March 28, 2024, the Administration issued a final regulatory rule designed to protect consumers from so-called “junk” health insurance. The final rule reverses policies adopted by the Trump administration that had created greater access to short-term policies that offered fewer benefits. In a second term, the Biden Administration would likely continue to focus on enhancing coverage protections under the ACA.

  • A second Biden term would likely build on actions relating to the President’s stated objective of lowering prescription drug costs. During his first term, Biden signed the Inflation Reduction Act (IRA), which was drafted to give Medicare the power to negotiate with pharmaceutical manufacturers over the prices of certain drugs and places a $2,000 annual cap on beneficiaries’ out-of-pocket spending on prescription drugs. While litigation over the constitutionality of these IRA provisions is ongoing in federal courts, President Biden now advocates that Congress extend that cap to private insurers.
Updates From the June 2024 Debate
  • President Biden emphasized his administration’s efforts to lower prescription drug pricing, highlighting the Inflation Reduction Act’s caps on the cost of insulin.
  • Biden stated that restoring and protecting access to reproductive healthcare is a goal of his administration and expressed opposition to determining reproductive rights on a state-by-state basis.
  • Biden expressed continued support for the Affordable Care Act (ACA).
  • Biden expressed a desire to protect Medicare and stated he would reduce healthcare costs for seniors by raising taxes on the income of citizens with income above $400,000 per year.

Donald Trump

Updates From the June 2024 DebatePrescription Drug Costs

  • Focusing on the goal of establishing supply chain independence from China, the Trump 2024 platform proposes a phased in series of tariffs and restrictions on the importation of essential medicines. The framework for this objective was established in Executive Order 13944 (rescinded by President Biden), which Trump states he will restore.
  • A key component of Executive Order 13944 mandated that relevant federal agencies and executive branch departments establish plans to increase domestic procurement of essential medicines, medical countermeasures, and critical inputs.
  • Executive Order 13944 also encouraged long term domestic production of medicines and medical devices by advocating a “Buy American” component for medicines and medical devices that are identified by the Food and Drug Administration to be essential to the public health.
  • Executive Order 13944 also required that the U.S. Trade Representative modify U.S. international trade agreements so that essential drugs cannot be purchased by federal agencies from any of the trade ally countries that has a trade agreement with the U.S. that authorizes the manufacture of the relevant essential drug for the United States.
  • Donald Trump has also stated that he will revive the HHS regulatory rule, struck down by federal courts, that was intended to establish a “most favored nation” rule for pharmaceutical product pricing that allowed the Medicare program to reference pricing offered by pharmaceutical companies in selected international markets.
  • A second Trump term also would seek to address chronic illness by establishing a Presidential Commission charged with investigating causations. According to the Trump campaign, the proposed Commission would be comprised of members without industry ties or potential conflicts of interest.
  • A second Trump term would seek to address drug addiction in the United States. Referencing back to the 2018 SUPPORT Act signed into law under the first Trump administration, Trump has stated that he would expand on that legislation by calling for new public-private partnerships for companies providing job opportunities and training to former addicts.
  • To address drug trafficking, drug production, and addiction, a second Trump administration would also propose: imposing a naval embargo on drug cartels; working with neighboring governments to dismantle trafficking and smuggling networks; legislation to establish the death penalty for drug and human traffickers; focusing federal law enforcement on organized crime; identifying fentanyl as a federally controlled substance; focusing on Chinese supply chains with retaliatory action; and addressing addiction through treatment and recovery programs.
  • With respect to the Affordable Care Act, in an April 11, 2024 Truth Social video, Trump stated that he would work to build and improve on the existing law by making it less expensive and more efficient.
Updates From the June 2024 Debate
  • Trump did not directly call for the repeal of the Affordable Care Act (ACA) during the debate.

Jill Stein

Health Care Coverage

  • Stein has called for an Economic Bill of Rights, which would include a right to healthcare.
  • Stein proposes a Medicare-for-all healthcare system, eliminating the need for private health insurers. She has also advocated for the inclusion of dental, vision, and mental health care in such health benefits.

Key Contacts

Key Contacts

T. Reed Stephens

Partner

Washington, DC

Email

+1 202-282-5795

T. Reed Stephens

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