On the Hill: Democratic Dominance and the 119th’s Final Countdown

Democrats won control of both the House and Senate on Tuesday (Nov. 3) after making health care affordability one of their top campaign messages. Democrats seized on the issue by rebuking the GOP's massive Medicaid cuts in H.R.1, which are set to be fully implemented by 2028, and promising to repeal them should they gain control of Congress.

The victories give Democrats control of committee and floor agendas in both chambers next year. The party has new leverage to challenge the massive Medicaid cuts, pursue a restoration of the expired enhanced premium tax credits, and conduct further investigations into Trump administration health officials. Democrats also have the chance to increase health care oversight, likely targeting drug manufacturers, the Medicare Advantage (MA) program, and private insurance plans.

As of Wednesday afternoon, Democrats had won at least 237 House seats, well above the 218 needed for a majority. Republicans won in 139 districts, with 68 still to be called. In the Senate, the Democrats now hold at least 54 seats, with Alaska and Mississippi still unresolved. The "blue wave" even crashed across governors' mansions and state legislatures.

That said, they'll still have to account for President Trump, who'll have the power to veto any substantial health care legislation the party may want to pass. Trump already has tested the bounds of a president's power by issuing expansive executive orders, including some that have been struck down by the courts.

On the Republican side, some of the night's most stunning GOP losses were notched by candidates Trump had personally anointed. In other cases, Republican incumbents in deep red states seemed ill-prepared to fend off challengers.

The 119TH's Final Countdown

With only eight weeks remaining before the new Congress begins and Democrats take control, the Republicans have ensured a packed schedule.

There are just 20 voting days planned for the final stretch, which includes the looming December 11^th deadline to approve a federal budget and a renewal of national defense authorities before Jan. 1.

However, the 2027 government funding deadline will not be the only issue on the list of Republican priorities. Many departing legislators are hoping to get their legacy projects passed in tandem with including supplemental funding for the Iran war and renewing expiring farm and surface transportation programs. The Republicans will be working against the clock with potential attendance issues in both chambers.

Association Endorses House Legislation to Delay 340B Rebate Pilot

Recently, America's Essential Hospitals signed on to a letter of support for H.R. 10770, the 340B Rebate Model Delay Act. This letter has 565 signers, 14 national organizations, and 550+ state/local organizations from every state, including many members of the association.

The bipartisan legislation would delay implementation of the 340B Rebate Model Pilot Program for two years and preserve upfront 340B discounts for covered entities, providing needed stability for covered entities as the Jan. 1 start date for the pending Rebate Model Pilot Program looms.

Cassidy's AI in Health Care Draft Legislation

Sen. Bill Cassidy, the outgoing chair of the Senate health committee, released a discussion draft of a proposal building on a multi-year long effort to modernize and promote access to health technologies with AI while protecting patient privacy and security.

The Protecting Americans Through Intelligent, Ethical, and Transparent Artificial Intelligence in Health Care Act, or the PATIENT AI Act would require HHS to develop use cases for using AI to improve healthcare outcomes. The government would also be required to develop training materials for healthcare workers on best practices. The association will work with Sen. Cassidy and others if this bill moves forward.

Join the Federal Action Network Today!

Stay connected to the latest from Washington. Join our Federal Action Network (FAN) - free for members - and gain exclusive access to advocacy expertise and updates.