New Democrats in the House Address ACA Litigation and Three Other Policy Issues

The majority party in the United States House of Representatives (the “House”) generally sets the tone for the coming two-year Congressional session. In 2019, for the first time since 2010, the Democratic Party is the majority party. As such, they are responsible for proposing House Rules (the “Rules”) that determine how the House will operate. Among other issues, the new Rules address ACA litigation and three other policy issues. The following issues, while not specifically mentioned in the Rules, should come to the forefront in Congress during 2019.

ACA Litigation

Title III of the Rules pertain to litigation attacking the Affordable Care Act (“Obamacare”). One case that is specifically mentioned is the Texas v. the United States litigation in which a judge recently declared Obamacare invalid. That case, of course, is still under appeal.

However, Title II of the Rules also authorizes the Speaker of the House, currently Nancy Pelosi, to intervene in any Obamacare-related litigation.

Medicare for All

It is likely that a major conflict will erupt between Democrats who want to strengthen Obamacare and others who, instead, want to switch to a government-run, single-payer health care finance system.

For example, Representative Pramila Jayapal and at least 70 of her colleagues founded the Medicare for All Congressional Caucus. The group hopes to completely eliminate private insurers by offering Medicare to all Americans.

Controlling Prescription Drug Costs

Though President Trump has begun addressing overpriced prescription drugs, bipartisan solutions may be in the works. New Speaker of the House Nancy Pelosi has indicated she and other Democrats in Congress can work with Republicans and President Trump to bring prices down.

House Employee Benefits

The proposed Rules do propose a Select Committee on the Modernization of Congress be formed. One purpose for the new committee is the review and “modernization” of issues related to Congressional personnel. Recruiting, retention, and compensation are considered part of the modernization process.

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