Next Administration Scenarios: Implications for Healthcare | Brunswick Group

Next Administration Scenarios: Implications for Healthcare

The health sector should anticipate regulatory scrutiny and heightened interest from policymakers in addressing affordability for American consumers with either Donald Trump or Kamala Harris in the White House next year.

There is bipartisan support for fighting consolidation, reforming the role of pharmacy benefit managers (PBMs), and targeting pharmaceutical companies to address consumer affordability. These issues will remain central to health policy for either administration. 

Understanding the regulatory landscape will be crucial for timely tactical and strategic decisions. The following breakdown of the expected approaches by each candidate will help. 

Hospitals 

Rising concerns about healthcare costs have forced hospitals to defend their roles in society.  Key reputational challenges include consolidation, price transparency, labor relations, executive pay, and equitable care. This scrutiny will persist regardless of the White House occupant, but there are areas of emphasis that would likely differ. 

  • Republicans have advocated for scaling back regulation on independent medical practices to reduce incentives for further hospital consolidation. In his term in office, Trump pushed for price transparency regulations, and he may press for greater enforcement, including pressing Congress to make statutory changes, if he returns to the White House. 
  • Democrats have been more vocal about private equity’s role in care delivery, particularly in driving consolidation. Harris has cracked down on hospital mergers before as California attorney general. 

Pharmacy benefit managers     

While both parties have engaged in intense scrutiny of pharmacy benefit managers’ practices, it remains unclear whether either presidential candidate would prioritize reform. 

  • While a Harris administration could increase pressure on PBMs, given the vice president’s legal background, the industry could remain relatively untouched because getting alignment on reform in Congress would continue to be challenging. 
  • During his administration, Trump made PBMs and rebate reform a significant focus but was ultimately stymied by both Congress and the healthcare industry. It is unclear if he would make another attempt at reform. 

Pharma 

Lowering prices and increasing access to prescription drugs will remain a bipartisan issue. These discussions will be stoked by the rise of popular, though expensive, obesity medications along with Medicare price negotiations and insulin price caps. 

  • It is unclear how a Trump administration would implement Medicare price negotiations, but his vice-presidential candidate, U.S. Sen. JD Vance, expressed support for the policy. Trump continues to support drug importation and international reference pricing, which the industry has long opposed. The 2024 GOP platform and Trump’s policy proposals also signal the party’s intent to reduce prescription drug costs and increase transparency.  
  • Expect Harris to double down on implementing the Medicare drug price negotiations and insulin price caps included in the 2022 Inflation Reduction Act (IRA) – for which Harris cast the tie-breaking Senate vote. In her early weeks as the nominee, Harris consistently spoke about “big pharma” and her days as California’s attorney general, when she won record settlements against pharmaceutical companies. 

Health tech 

Recent breakthroughs in digital technology – particularly in generative artificial intelligence (AI) – have increased the already high level of government interest in the health technology space. Scrutiny of health tech companies, especially those that are primarily consumer-facing, is likely to play heavily in Washington. 

  • As vice president, Harris has made the case for a strong government role in regulating AI and said in March that Americans have a right to know that when government agencies use AI tools, they do so in a responsible way. 
  • While in recent months Trump has promised to cut back on AI regulations, and he courted support from Silicon Valley donors with a stake in AI, he has also called AI “maybe the most dangerous thing out there.” 

Implications for businesses 

While healthcare businesses have been strengthening their communications capabilities, especially in issues management, crisis response, and public affairs, they should continue to assess reputational vulnerabilities as well as related operational and geographical issues. 

Additionally, healthcare companies employing or developing AI technologies should accelerate their efforts to explain their positive public health impacts and the safeguards they are putting in place to ensure patient privacy protections, data security, and equitable results. 

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Please get in touch with Brunswick Group’s  U.S. Public Affairs, Policy
& Regulatory Practice.
 

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