Nicole K. Macris and Gabriel S. Oberfield of Bond Schoeneck & King PLLC write:
Federal healthcare administration undoubtedly will look different in 2025 than it does as we close 2024.
In the aftermath of the Republican party victories during this month’s Federal elections – and if the past is prelude – the Federal focus concerning the healthcare sector will be shifting. We will move away from a Biden administration predisposition to engage in detailed regulatory and oversight processes, to a posture in a second Trump administration – much as in the first one – focused on deregulation and lesser agency engagement. And unlike in the first term of President Trump, the administration may be emboldened by jurisprudence such as the June 2024 Supreme Court Loper Bright v. Raimondo decision, which shifts the nature of courts’ deference to agency determinations, generally.
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It is evident that the Republican victories could affect the rollout of various HHS priorities – including the completion of OMB’s review and the enforcement prerogatives of OCR.