McDermott+ Check-Up: January 16, 2026 - McDermott+

McDermott+ Check-Up: January 16, 2026

THIS WEEK’S DOSE


  • Negotiations on APTCs hit speed bump. The release of a Senate bipartisan compromise on the Affordable Care Act enhanced advanced premium tax credits (APTCs) was delayed amid ongoing discussions.
  • Lawmakers push FY 2026 funding packages forward. Progress continued on fiscal year (FY) 2026 appropriations bills this week, with an agreement on a funding package that includes the US Department of Health and Human Services anticipated in the coming days.
  • House Oversight Committee discusses how to detect and prevent federal fraud. Members from both parties agreed on the need to prevent fraud in federal programs before payments are issued, and members and witnesses discussed potential solutions.
  • Senate HELP Committee debates abortion medications. Discussion centered on the safety of abortion medications and whether access should be granted through telemedicine.
  • CMS issues RFI on Medicare claims system. The Centers for Medicare & Medicaid Services (CMS) posed questions on how to streamline administrative efforts and improve the beneficiary experience.

CONGRESS


Negotiations on APTCs hit speed bump. The passage of a clean three-year enhanced APTC extension in the House last week provided additional momentum to ongoing bipartisan Senate negotiations, given that a clean extension already failed in the Senate. Sen. Moreno (R-OH), who is leading the negotiation efforts, previously stated that the negotiated bill would be released on January 14, 2026, but, due to ongoing uncertainty and continued debate on key provisions, the bill release was delayed, and it is unclear if or when an agreement will be reached.

The holdup largely centers on abortion coverage. Conservatives are advocating for the agreement to prohibit any federally subsidized insurance plan from covering abortion services, known as the Hyde amendment. Democrats strongly oppose that policy, and President Trump last week urged Republicans to be flexible on abortion, although that message was largely not well received by Republicans in Congress. The APTC legislation could also include a requirement that beneficiaries pay a minimum premium and additional policies on health savings accounts, as requested by Senate Majority Leader Thune (R-SD).

Later in the week, President Trump unveiled his “Great Healthcare Plan,” which calls on Congress to lower premiums by sending money directly to consumers instead of through insurers, fund cost-sharing reductions, and enact other healthcare policies such as codifying most-favored-nation deals and enacting price transparency. The one-page plan is a high-level outline, and it remains to be seen whether and to what extent the president’s plan will factor into, or further stall, the Senate’s APTC negotiations.

Various other factors complicate efforts to smoothly extend the APTCs as time goes on. Open enrollment ended this week, so any APTC fix would have to be retroactive and might involve a new open enrollment period. Congress is simultaneously debating government funding (more below), which is the top priority for lawmakers this month. With the Senate out of session next week, negotiations could also lose momentum.

In related Affordable Care Act news, CMS released a fact sheet on 2026 open enrollment indicating that 22.8 million individuals signed up for the individual market for 2026 coverage, including 2.8 million new enrollees. In comparison, 23.6 million individuals signed up for coverage for 2025.

Lawmakers push FY 2026 funding packages forward. Government funding for many federal agencies and the health extenders will expire January 30, 2026. The House and Senate both continued to advance non-health-focused appropriations packages this week. A three-bill package (Interior-Environment, Energy-Water, and Commerce-Justice-Science) is headed to the president’s desk following Senate passage, and the House sent a two-bill package (Financial Services and State-Foreign Operations) to the Senate. The remaining appropriations bills – Defense, Labor-Health and Human Services (HHS), Transportation-Housing and Urban Development, and, possibly, Homeland Security – will comprise the final package to be considered, and an agreement may be unveiled as early as this weekend, although sticking points remain as of this writing, particularly with the Homeland Security bill, which may not be included.

Appropriators on both sides of the aisle are hoping to avoid another stopgap continuing resolution and instead pass full FY 2026 appropriations bills for all agencies in advance of the January 30, 2026, deadline, although the calendar is tight. The Senate is scheduled to be in recess the week of January 19, 2026, and the House has a recess scheduled for the final week of the month, although it could be shortened or cancelled.

House Oversight Committee discusses how to detect and prevent federal fraud. While Committee Chair Comer (R-KY) discussed fraud in Minnesota, including in the Medicaid program, where federal funding has been paused for certain services, Subcommittee Ranking Member Mfume (D-MD) noted that social service funds have also been frozen in New York, California, Colorado, and Illinois. He emphasized that fraud detection should be a bipartisan effort without partisan attacks on certain states. Democrats also noted that effectively addressing fraud would allow funds to be allocated to initiatives that truly serve those in need and would ease debates around APTCs. Suggestions from witnesses for how to prevent fraud included expanding the US Department of the Treasury’s Do Not Pay system and integrating artificial intelligence into agency fraud prevention workflows.

Senate HELP Committee debates abortion medications. During the hearing, Democrats emphasized that clinical evidence supports the safety and effectiveness of medication abortion drugs when used as directed. Republicans pressed the US Food and Drug Administration to reinstate stricter safety rules, including face-to-face care to ensure early detection of conditions such as ectopic pregnancy and to prevent coercion. Witnesses largely spoke about the importance of individualized clinical care and informed consent.

ADMINISTRATION


CMS issues RFI on Medicare claims system. The request for information (RFI) seeks information on large-scale claims processing and adjudication vendors in order to improve beneficiary experience, reduce provider burden, and improve administrative efficiency in traditional Medicare. CMS also released a draft request for proposals to allow potential vendors to review the requirements and provide feedback in their RFI response. Responses must be submitted here by February 7, 2026.

QUICK HITS


  • MedPAC holds January meeting. Commissioners voted on draft recommendations to update payments for physician, inpatient hospital, outpatient hospital, hospice, home health agency, inpatient rehabilitation facility, outpatient dialysis, and skilled nursing facility services. Other sessions focused on Medicare Advantage, Medicare Part D, and the Home Health Prospective Payment System.
  • Rep. Dunn (R-FL) announces retirement. The House Energy and Commerce Committee member is the latest in a slew of Republicans to announce they will not seek reelection ahead of the 2026 midterms.
  • Senate HELP Committee unanimously advances four healthcare bills. The bills, each of which passed by a 22 – 0 vote, would expand research on lung cancer in women, require more reporting on contaminants in infant formula, require HHS to issue guidance on fentanyl testing, and enhance rural hospital cybersecurity.
  • HHS Secretary Kennedy appoints OB-GYNs to ACIP. The two newest members of the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) are obstetrician/gynecologists (OB-GYNs). Their appointments follow Secretary Kennedy’s restructuring of ACIP last year.
  • Republican Study Committee releases reconciliation 2.0 framework. While it’s undecided if Republicans will pursue legislation via the budget reconciliation process again, the framework released by House Republicans’ largest conservative caucus focuses on affordability, with the goal of delivering healthcare freedom and lowering drug prices. Policy proposals include site neutrality, pharmacy benefit manager reform, and codifying TrumpRx.
  • SAMHSA announces 988 suicide and crisis lifeline funding opportunity. The Substance Abuse and Mental Health Services Administration (SAMHSA) announced a $231 million funding opportunity to administer the 988 suicide and crisis lifeline. Nonprofit entities are eligible, and funding is available for up to five years.
  • SAMHSA cancels, reinstates grants. SAMHSA sent termination notices to thousands of grant recipients, totaling nearly $2 billion, only to reverse course the next day and reinstate the terminated grants. Before the reinstatement, more than 100 bipartisan House members requested more information from HHS Secretary Kennedy.
  • Senate moves to hotline five-year hospital at home extension. While the hotline process is ongoing and requires the support of all Senators, it would lead to speedy Senate passage of the legislation, which would extend the program for five years (H.R. 4313/S.2237). Without congressional action, the CMS hospital at home waiver expires January 30, 2026, along with other health extenders.

NEXT WEEK’S DIAGNOSIS


Next week is a short week with the Martin Luther King Jr. Day holiday on Monday. The Senate is scheduled to be out of session, but the House has a packed schedule. Scheduled hearings include a House Budget Committee hearing on healthcare costs and back-to-back House Energy and Commerce and House Ways and Means Committee hearings with insurance executives. The House Judiciary Committee will also continue congressional discussion on federal fraud in Minnesota. Conversations around APTCs and government funding may continue next week, including potential movement on FY 2026 appropriations bills.