Tuesday, November 12, 2024

The post-election anti-abortion plan

Presented by The Campaign for Sustainable Rx Pricing: Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
Nov 12, 2024 View in browser
 
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By Ben Leonard and Chelsea Cirruzzo

Presented by The Campaign for Sustainable Rx Pricing

Driving The Day

Pro Life supporters holding I Am the Pro-Life Generation signs

Students for Life of America has drafted a nationwide campaign to circumvent states' abortion rights measures. | Tasos Katopodis/AFP/Getty Images

FIRST IN PULSE: LAUNCHING A STRATEGY — Anti-abortion groups plan to unveil a sprawling federal and state strategy today that would undermine the procedure’s protections enacted by ballot measure in nearly a dozen states over the past two years, pinning their hopes on President-elect Donald Trump’s and Senate Republicans’ wins.

The strategy, drafted by the group Students for Life of America, draws on the playbook the movement successfully used under Roe v. Wade to regulate clinics out of existence and outlaw particular methods of abortion, POLITICO’s Alice Miranda Ollstein reports.

Beginning next year, they plan to file lawsuits targeting federal regulation of abortion pills and push legislation in Congress and in at least 15 states that they believe can circumvent constitutional amendments and court rulings protecting the procedure.

The state legislative blitz will kick off in January — in swing states like Arizona that have recently passed abortion rights constitutional amendments and conservative strongholds like Wyoming where court decisions protect access.

Most of the bills target mifepristone — the drug used in more than two-thirds of abortions nationwide. Some attempt to wield environmental laws to cut off access to the drugs, while others aim to replicate Louisiana’s new law designating abortion pills as controlled substances — a policy that patients and doctors claim in court has led to delays in treatment for miscarriages and postpartum hemorrhaging.

And while Trump and other Republicans campaigned on a promise to leave abortion policy to the states, Students for Life is also lobbying allies on Capitol Hill to ban telehealth prescriptions of abortion pills and slash funding for colleges and universities that provide abortion pills through student health centers.

They already have many lawmakers pledging to work with them on 2025 legislation, including Sens. James Lankford (R-Okla.), Pete Ricketts (R-Neb.), Marco Rubio (R-Fla.) and Steve Daines (R-Mont.) and Reps. Chip Roy (R-Texas), Andy Ogles (R-Tenn.) and Josh Brecheen (R-Okla.).

The “Make America Pro-Life Again Roadmap” has two goals: undermine state protections for abortion, including those voters adopted in seven states last week and reenergize conservatives discouraged by their losses in ballot measure fights and by the GOP backing away from national abortion restrictions.

Abortion-rights activists insist they’re prepared for this onslaught and are confident that their state ballot initiatives restoring or expanding access to the procedure, which were crafted with legal challenges in mind, can withstand them.

“We have lawyers, too. Believe me, we know what we're doing in the choice movement,” said Edna Meza Aguirre, a board member of Planned Parenthood of Arizona who helped pass an initiative overturning the state’s 15-week ban. “We have many allies and many people helping us to make sure that this is ensured.”

WELCOME TO TUESDAY PULSE. We’ve been closely monitoring the monkey escape situation. Many are still on the loose. Send your tips, scoops and feedback to bleonard@politico.com and ccirruzzo@politico.com and follow along @_BenLeonard_ and @ChelseaCirruzzo.

 

A message from The Campaign for Sustainable Rx Pricing:

Big Pharma games the system to keep prescription drug prices high. Brand name drug companies build blockades of patents to extend monopolies and block competition from more affordable alternatives – costing patients, taxpayers and the U.S. health care system billions of dollars each year. Market-based solutions to hold Big Pharma accountable for their egregious anti-competitive tactics, especially patent thickets, have broad bipartisan support. Congress must pass these solutions into law. Learn more.

 

John Thune. Photo credit: Francis Chung/E&E News

South Dakota Sen. John Thune is among the frontrunners to become the new majority leader. | Francis Chung/E&E News

THE JOHNS AND SCOTT ON HEALTH CARE — With Congress returning this week, many eyes will be on leadership elections for the next Congress, including who Senate Republicans will elect as their new majority leader.

Sens. John Thune (R-S.D.), John Cornyn (R-Texas) and Rick Scott (R-Fla.) are in the running, with Thune and Cornyn seen as front-runners. Some conservatives and people in President-elect Donald Trump’s orbit like Elon Musk have gotten behind Scott, though Trump hasn’t endorsed a candidate.

Whoever wins the race will have tremendous power to set a health care agenda. Here’s what health care observers should know about each candidate, POLITICO’s Sophie Gardner reports:

Thune: Thune has been a major telehealth proponent and favored bolstering transparency requirements for pharmacy benefit managers, which negotiate drug prices for insurers. He’s also a member of the bipartisan working group investigating doctor payment reforms in Medicare. Thune has called the Inflation Reduction Act’s drug pricing negotiations “price controls” that will hurt innovation.

Cornyn: Cornyn has been an advocate for drug patent reform and has worked across the aisle on several bipartisan bills intended to reduce drug costs for older adults. He’s expressed skepticism about the IRA’s drug pricing negotiation provisions.

Scott: Scott, as governor of Florida, opposed Medicaid expansion. He’s also been a loud critic of the Affordable Care Act and, during the Trump administration, was among the Republican senators who Trump asked to find alternatives to the policy. He's been critical of the IRA, pointing to rising Medicare premiums.

RACES TO WATCH —  The races to lead two prominent House committees will significantly impact health care.

Although some races haven’t been called yet, the House is expected to have a narrow GOP majority. Here’s what to know about the key races:

Energy and Commerce: Reps. Brett Guthrie (R-Ky.) and Bob Latta (R-Ohio) are running to lead the committee in a two-person race after Rep. Richard Hudson (R-N.C.), who was weighing a run, said he’d seek a second term as NRCC chair instead. E&C Chair Cathy McMorris Rodgers (R-Wash.) isn’t seeking reelection.

Latta has the edge in seniority, but Guthrie has a significant fundraising advantage and two significant public endorsements and is considered to have an edge. You can read more about their priorities here.

E&C Health Subcommittee: Reps. Gus Bilirakis (R-Fla.), Buddy Carter (R-Ga.) and Morgan Griffith (R-Va.) have all said they’re interested in the subcommittee chair position. Carter and Bilirakis have backed Guthrie to lead the full panel.

Committee chairs generally have the latitude to pick their subcommittee leaders.

Education and the Workforce:  Reps. Burgess Owens (R-Utah) and Tim Walberg (R-Mich.) are running to replace Rep. Virginia Foxx of North Carolina as the top Republican on the House Committee on Education and the Workforce.

They share some health care priorities and want to restore the Trump-era association health plan rules that made it easier for small businesses to team up to buy health insurance and avoid some regulations.

 

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AROUND THE AGENCIES

VA PROPOSES ENDING TELEHEALTH CO-PAYS — The Department of Veterans Affairs proposes removing co-pays for telemedicine care for veterans, the agency said Monday.

The agency also said it would fund telehealth access points for veterans in non-VA facilities, with an emphasis on rural and “medically underserved” areas. That program would provide nonprofit and private organizations with funding to give veterans “comfortable, private spaces” with telemedicine access and to train workers.

The VA was an early adopter of telehealth, leaning heavily into the technology well before the pandemic. Trump-era rules at the agency allow VA providers to provide care across state lines, allowing them to avoid a patchwork of state licensing restrictions.

 

The lame duck session could reshape major policies before year's end. Get Inside Congress delivered daily to follow the final sprint of dealmaking on defense funding, AI regulation and disaster aid. Subscribe now.

 
 
Names in the News

Jeff Hild will become senior vice president for advocacy at the American Academy of Pediatrics, coming from a high-ranking position at HHS’ Administration for Children and Families.

Michael Calvo is now vice president of policy and advocacy at BridgeBio. He most recently was head of federal government affairs at GSK.

 

Policy change is coming—be the pro who saw it first. Access POLITICO Pro’s Issue Analysis series on what the transition means for agriculture, defense, health care, tech, and more. Strengthen your strategy.

 
 
WHAT WE'RE READING

Fierce Healthcare reports that President-elect Donald Trump’s win has meant a spike in orders for contraception and abortion pills.

Healthcare Dive reports that MedPAC commissioners supported tying doctor pay to inflation.

POLITICO’s E&E News’ Ellie Borst reports that Robert F. Kennedy Jr. is crowdsourcing names for the Trump administration.

 

A message from The Campaign for Sustainable Rx Pricing:

Big Pharma's abuse of the patent system is designed to maintain monopolies over their biggest money-makers, boosting brand name drug makers’ profits at the expense of American patients and taxpayers. One of their anti-competitive tactics involves filing dozens, sometimes hundreds, of patents on blockbuster products to build extensive “patent thickets,” completely disconnected from any true innovation. An economic analysis found Big Pharma’s patent thickets on just five drugs cost American patients and the U.S. health care system more than $16 billion in a single year.

The Congressional Budget Office has confirmed bipartisan, market-based solutions to hold Big Pharma accountable for patent abuse will lower drug prices and the U.S. Senate unanimously passed one solution, Cornyn-Blumenthal (S.150), earlier this year. Now is the time for Congress to finish the job – and pass solutions to lower drug prices by cracking down on patent abuse and promoting competition. Learn more.

 
 

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