How Trump Could Roll Back Biden-Era Healthcare Regulations

Fierce Healthcare /By  Noah Tong Dec 6, 2024 3:40pm
 
President-elect Donald Trump and his allies make no secret of their disdain toward federal agencies and their desire to fundamentally disrupt the regulatory state.

The new administration plans to rely on unorthodox health official picks Robert F. Kennedy Jr. and Dr. Mehmet Oz to shape, and remake, healthcare in Trump’s second term, but administrative law experts and health policy analysts expect Trump’s disdain for the prior Oval Office-holder will mirror his first term.

Although many question marks remain as to what healthcare priorities will ultimately catch on, it’s expected Trump will try to reverse Biden-era regulations, as he did during his first term.

That’s where the possibilities unfold.

One avenue for quick recissions of federal rules is through the Congressional Review Act (CRA). The lesser-known federal law enacted during President Bill Clinton’s term allows Congress a short window to overturn final rules with the support of the president.

Lawmakers introduce resolutions of disapproval frequently, but the law is typically a nonfactor except under unique circumstances. After an election when one party is in control of Congress and the White House, the new president has a short time frame to reverse individual rules under the “lookback” period. In 2017, Trump repealed 16 rules, by far the most of any president. Biden followed suit with a few revoked regulations when he took office.

Now, with the executive and legislative branch under Republican rule, Trump will have the opportunity to utilize the CRA once again. He could, theoretically, reverse any rule finalized after Aug. 1, though that date is yet to be determined and certain restrictions may disincentive this behavior…

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