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Congress Faces Critical Week for Healthcare Legislation

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Affordable Care Act legislationCongress is returning this week to consider healthcare legislation to deal with the Affordable Care Act (ACA) enhanced premium tax credits, due to expire on December 31. Negotiations to this point have stalled, with the Senate rejecting both a Democratic plan for a three-year extension and a Republican proposal focused on expanding health savings accounts, while the House is considering a package of several Republican priorities.

The Senate Democrats proposal gained the support of four Republicans, but well short of the 60-vote threshold needed to proceed. Senators Susan Collins (R-ME) and Bernie Moreno (R-OH) introduced a late compromise to extend the tax credits for two years with income caps and a minimum $25 monthly premium, gaining some cross-party interest. Senator Dick Durbin (D-IL) called this plan “in the ballpark,” but Senator Ruben Gallego (D-AZ) criticized it as a rushed effort lacking enough Republican backing to move forward.

Speaker Mike Johnson (R-LA) is supporting the Lower Health Care Premiums for All Americans Act, legislation that does not include any extension of the current ACA tax subsidies, but instead includes Republican health care priorities of cost-sharing reductions, pharmacy benefit managers reforms, and codifies association health plans and a stop-loss insurance clarification. Two discharge petitions—one each from Rep. Brian Fitzpatrick (R-PA) and Rep. Josh Gottheimer (D-NJ)—could advance if Democrats rally behind them, since both already have some Republican supporters. Republican leaders object to the discharge method procedurally.