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What Trump's election means for healthcare

The expectation is for a new Congress to create policy around AI and cybersecurity, says Tom Leary of HIMSS.

Susan Morse, Executive Editor

Official White House photo by Shealah Craighead

Tom Leary, head of Government Relations at HIMSS, is tracking what the change in the administration could mean for interoperability and data sharing regulations that are already well underway. He and his team are also looking at what a new Congress means for other policies.

"We absolutely expect with the new Congress, some new policy around AI around healthcare and cybersecurity," Leary said.

Under the Biden administration, in 2022 the Trusted Exchange Framework and Common Agreement (TEFCA) was created to deliver on the expectations of the 21st Century Cures Act that was signed into law eight years ago.

Under Biden, the Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) final rule was published in January and the HTI-2 proposed rule was released in July.

Some components go into effect on January 1, Leary said.

"It will take regulatory change to pull some of that back, particularly reporting requirements, especially around AI," he said. "For us, we want to make sure we understand what's going to happen with regulations for the (HIMSS) membership, to have our ear on the ground to know what kind of guidance we could give members," Leary said.

There's momentum in place to follow through on what the current administration has put into place.

"It's not easy to slow down that train, to change direction," he said.

HIMSS recently released Public Policy Principles for Artificial Intelligence and Machine Learning. The AI Act in the European Union will have an impact on multinational organizations, including the United States, Leary said. Congress needs to take action, he said.

HIMSS will continue to beat the drum on keeping telehealth and remote patient monitoring. Both were allowed under waivers put in place during the COVID-19 pandemic and have been extended past the end of the public health emergency. Congress needs to act before the end of the year to keep the extended flexibilities for telehealth and remote patient monitoring in place.

"We have until December. 31 or we go back to March 2020," Leary said.

HIMSS is the parent company of Healthcare Finance News.

Trump's victory appears good for pharmaceutical companies and Medicare Advantage insurers. For the latter, Trump is expected to provide regulatory benefits, according to The Wall Street Journal. Stocks climbed for MA insurers the day after the election.

WSJ said, "Under the Biden administration, insurers focused on Medicare Advantage have faced increased scrutiny from the federal government, such as lower annual rate increases. This came at a time when seniors drove up usage of the plans, leading to lower profitability."

The Pharmaceutical Research and Manufacturers of America (PhRMA) President and CEO Stephen J. Ubl said PHRMA looks forward to working with President Trump to build on the successes from his first administration. Innovation in the biopharmaceutical industry enables the United States to lead the world in medicine development, he said.

Pharma has been reined in under the Biden administration's efforts to lower drug costs, a move that has stifled innovation, Ubl has said.

"We are committed to working with the Trump administration and the new Congress to make our healthcare system work better for patients while preserving our unique ecosystem that enables greater innovation and lower costs for patients," Ubl said. "During his first term, President Trump led the charge to rein in PBM abuses and ensure more of the rebates they negotiate are passed on to patients at the pharmacy counter. We will continue working with policymakers to advance bipartisan PBM reforms that lower costs and reduce barriers to patient access."

Hospital groups such as the American Hospital Association and Essential Hospitals congratulated Trump.

AHA president and CEO Rick Pollack said, "As we enter the final weeks of this session of Congress and look ahead to the next, our priorities remain the same: ensuring access to coverage and care, enhancing the quality and affordability of care, supporting our caregivers, and making sure that hospitals and health systems have the resources and support they need to remain cornerstones of their community."

Families USA cited concerns about healthcare affordability and any potential rollback to the Affordable Care Act, which was signed into law under President Barack Obama.

Anthony Wright, Families USA's Executive Director said, "After a tough and divisive campaign and based on the past positions and actions of the prior Trump administration, all Americans should be highly alarmed about potential threats to the health coverage and consumer protections we all rely on. The repercussions of this election will be felt especially by many who are already marginalized, regardless of how they may have voted."

Patients for Affordable Drugs Now urged a continuation of current policy. David Mitchell, founder of the organization, said, "Previously, President-Elect Trump voiced support for allowing Medicare to negotiate lower prices and implementing the 'Most Favored Nation' model to prevent Americans from paying more than the average prices people in other countries pay for the same medications. We are hopeful that the new administration will return to these commitments or bring forward other approaches we can help enact to build upon the progress achieved in recent years."

Abortion rights supporters voiced their concern over the future of reproductive freedom, an issue advocated by Trump's opponent, Vice President Kamala Harris.

In Our Own Voice president and CEO Regina Davis Moss said, "Make no mistake, last night's election results are nothing short of deeply frightening for everyone who values our democracy, our fundamental human rights, and the future of our country. While there is a long road ahead of us, last night's results also demonstrated that the majority of Americans want access to reproductive healthcare."

Brittany Fonteno, president and CEO of the National Abortion Federation, said, "Today, our hearts are heavy and our thoughts are with abortion providers and every person who cares about abortion access – these results are a devastating blow to the movement for reproductive freedom."
 

Email the writer: SMorse@himss.org