Illustration: Natalie Peeples/Axios
As Congress figures out how much health policy gets done as part of reconciliation or the next funding package, the Trump administration can start advancing its agenda through rules and regulations issued by HHS.
Why it matters: President Trump's executive order to eliminate 10 rules or regulations for every one created could provide an opening to strike a variety of Biden-era regulations, such as minimum staffing rules for long-term care facilities.
- One key will be coordinating with Congress and figuring out which regulations GOP lawmakers want to address, in order to generate savings in the reconciliation process.
State of play: Once Trump's HHS is staffed up, it will have to move promptly to meet deadlines for issuing some rules, McDermott's Jeffrey Davis notes in a blog post.
- An important early one is the 2026 Medicare Advantage and Part D final regulation, because bids from MA plans are due in early June, he notes.
- Other Medicare provider rules, including those for inpatient care, come out in April.
What we're watching: The regulations that have to be issued on a specific schedule could become vehicles to include new policies or eliminate existing ones, Davis says.
- For example, baseline standards set by the Biden administration — including staffing and providing care within obstetrical units and addressing emergency services readiness — could be struck through the Outpatient Prospective Payment System rule.
Don't forget: As we've reported, reversing the nursing home staffing rule would save $22 billion over 10 years, per CBO, likely more than enough for Congress to cover a range of health extenders or other policy fixes.
