If President Donald Trump wins reelection next week, it seems unlikely he will unveil the health plan he鈥檚 before his election in 2016. Still, other aspects of health care could be featured in his second-term agenda.
Not having a replacement plan for the Affordable Care Act may be just fine with many of his supporters and conservatives. Most Republicans don鈥檛 want the federal government to remake the nation鈥檚 health system, said Grace-Marie Turner, of the conservative Galen Institute. 鈥淚t鈥檚 a different philosophy from Democrats, who think it needs to be a big program,鈥 she said. 鈥淐onservatives, we think of it in a more targeted way.鈥
Trump, of course, repeatedly promises something big. 鈥淲e will have Healthcare which is FAR BETTER than ObamaCare, at a FAR LOWER COST - BIG PREMIUM REDUCTION,鈥 Oct. 12 鈥 hardly the first time . 鈥淧EOPLE WITH PRE EXISTING CONDITIONS WILL BE PROTECTED AT AN EVEN HIGHER LEVEL THAN NOW. HIGHLY UNPOPULAR AND UNFAIR INDIVIDUAL MANDATE ALREADY TERMINATED. YOU鈥橰E WELCOME!鈥
But Trump needs a contingency plan if the Supreme Court accepts his argument that the ACA should be overturned. The justices are scheduled to hear the case the week after Election Day. Administration health officials have pledged to have an alternative if the high court does as they ask. But any details.
In September, Trump unveiled a package of health care proposals at a speech in North Carolina. The 鈥溾 is less than an actual plan, though. It鈥檚 a vague set of claims about things that have not happened yet 鈥 like bringing down prescription drug prices 鈥 along with a laundry list of some of his administration鈥檚 lesser accomplishments on health issues, such as the and efforts to improve the availability of health care in rural areas.
As part of that overall health plan, Trump issued an declaring 鈥渋t has been and will continue to be the policy of the United States 鈥 to ensure that Americans with pre-existing conditions can obtain the insurance of their choice at affordable rates.鈥 But there is 鈥 or in the broader outline 鈥 to ensure that would be the case if the ACA were struck down. It would take congressional action to guarantee that.
The current court controversy over the ACA arose because Congress in its 2017 tax bill eliminated the financial penalty for not having health insurance. But Congress didn鈥檛 have the votes to get rid of the mandate itself under the rules for the tax bill. Republican state officials then sued, arguing that since the Supreme Court had once upheld the ACA鈥檚 mandate, calling it a tax, once the penalty was gone, the law should also be invalidated.
Trump frequently heralds his actions, erroneously saying he killed the mandate and arguing that he got rid of the most detested part of the law.
鈥淗e likes to use words, but I don鈥檛 think there鈥檚 been a substantive policy yet,鈥 said Len Nichols, a health policy professor at George Mason University. 鈥淚 have no clue what he would do鈥 in a second term 鈥渙ther than trying to repeal the ACA.鈥
One thing Trump accomplished in his first term is a set of potentially far-reaching regulatory actions, many of which have been challenged in federal courts. Those include allowing states to implement for people who receive Medicaid health benefits and requiring hospitals and other health providers to .
Legal analysts have doubted the administration鈥檚 authority to implement many changes Trump has proposed. But considering Trump has appointed hundreds of federal judges, including Supreme Court justices, the legal landscape may be changing and more of those proposals could be allowed to proceed.
Still, Trump faces uphill battles on some of his preferred health initiatives, even if Republicans control Congress.
For example, said Dan Mendelson of the consulting group Avalere Health, 鈥淚 would expect that if he鈥檚 reelected there would be a drug pricing agenda he continues to push.鈥 Among his proposals is having Medicare pay for drugs based on what the medicines sell for in countries that negotiate prices. That would be complicated, Mendelson said, by the fact that 鈥渢he broader Republican Party doesn鈥檛 want to move to a regulatory model in this country.鈥
But the Galen Institute鈥檚 Turner said not to discount the changes Trump has made, such as allowing broader sales of short-term health plans that are less expensive but offer fewer benefits than ACA plans. She said to expect actions in a similar vein in a second term. 鈥淗e really has done a lot, using his executive authority, based on trying to make markets work better and give people more choice,鈥 she said. 鈥淭hey are strategic, targeted approaches to specific problems.鈥
He鈥檒l certainly have a specific problem if the ACA is struck down. Americans losing their insurance won鈥檛 want to wait to find out if he has a plan.
HealthBent, a regular feature of Kaiser Health News, offers insight and analysis of policies and politics from KHN鈥檚 chief Washington correspondent, Julie Rovner, who has covered health care for more than 30 years.
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