February 18, 2025
Reporter, Health Care Inc. Writer
Hello and welcome back, a day later than usual due to Presidents Day. This right here by Matt Shearer is one of the best local news reports I have ever seen. I just really appreciate the vibes of “I’ll probably rot here” guy and Steve (“I don’t ever have fun. I work, I go to bed.”). Send your own local news reports (and your tips): bob.herman@statnews.com.

government

Trump is ready to tear into the ACA
AP - Musk Trump Oval Office

Alex Brandon/AP

Federal health agencies are in disarray. The Trump administration on Friday fired scores of newer employees across CMS, NIH, CDC, and other agencies within HHS. My tireless colleagues have covered the terminations all weekend, finding out they’ve affected everyone from drug manufacturing inspectors and medical AI device reviewers to infectious disease watchers and insurance analysts who work on Medicare and Medicaid. (Reach out to us, securely with this form, if you’ve been affected.)

Within the changes, something else has become clear: The Trump administration is ready to go after the Affordable Care Act. On Friday, CMS said it was cutting funding for the ACA’s navigator program by 90%. Navigators help people sign up for health plans on the ACA marketplaces and elsewhere. Several people within CMS who work on the Affordable Care Act have been let go. And this appears to be just the tip of the iceberg: The White House is formulating a new rule (pretty much the only regulation being worked on within HHS right now) that is focused around “program integrity” for the ACA’s insurance marketplaces.

What could the “program integrity” rule entail? Katie Keith, a health policy scholar and attorney at Georgetown University, pointed out that the new director of the CMS agency that oversees ACA plans, Peter Nelson, has already laid out reforms he wants to see. Nelson previously was at a conservative think tank called the Center of the American Experiment, where he wrote about “fraudulent and improper enrollments” in ACA plans. He wants those enrollees to be subject to more income verification and restricted enrollment periods.


hospitals

Wading through the NIH cuts

Now that there’s a temporary national pause on the Trump administration’s cuts to research overhead payments from the National Institutes of Health, let’s assess what hangs in the balance for the country’s universities, research hospitals, and scientists. 

The NIH covers anywhere from 30% to 70% of research institutions’ “indirect costs” — which cover lab maintenance, facility upkeep, and other administrative expenses. This is separate from direct costs that cover the actual scientific research and people’s salaries. If those indirect costs get capped at 15%, as Trump tried to do, the government would be sucking up billions of dollars that Congress appropriated to NIH. A big question is: Where would those “savings” go? Back into funding more direct research? Or into a big pot that Elon Musk would just oversee?

Many universities wouldn’t struggle with a smaller cap on those indirect costs. Harvard, University of Texas, and Yale all have endowments in excess of $40 billion, which would put them at or near a Fortune 100 company. Losing $100 million or $200 million could be covered by the wealthiest institutions without really blinking an eye. Smaller universities and researchers would be hurt the most.

Perhaps more importantly is the ripple effect: Will scientists and academics want to work in the U.S. medical research system that is now being overseen by an administration that is so willing to take a hatchet to it? As Carl Bergstrom, a biology professor at the University of Washington, told my colleagues Angus Chen and Jonathan Wosen: “There’s a fire sale on American academics right now.” An Italian oncologist added: “I’m very worried for the progress of science. I think it will be a loss for everybody.” Read their latest.


watchdogs

Christi Grimm’s firing, in her own words

The Trump administration’s termination of nearly all inspectors general last month was the most controversial move toward the independent watchdogs in more than four decades. One of the fired IGs was Christi Grimm, who had been with HHS’ Office of Inspector General for 26 years.

Eight IGs are suing the Trump administration, alleging their ousters weren’t just controversial — they were illegal. On Friday, Grimm submitted her declaration in the case, where she said she found out she was fired while driving, as one of her colleagues read her the termination email. 

Grimm has been aggressively auditing Medicare Advantage — in her declaration, she touted her office’s recent report that found Medicare Advantage insurers are collecting billions of dollars from questionable diagnoses that are found in home visits (you can read more about that here). Now that she’s gone, more than 2,000 investigations are in purgatory. Read Grimm’s court filing here



unitedhealth

The UnitedHealth AI class action lives on

We knew a decision on the class action lawsuit against UnitedHealth Group had to come soon. Well, it did, and it was a victory for the Medicare Advantage enrollees and families who allege UnitedHealth prematurely cut off post-acute care through the use of artificial intelligence.

A federal judge said those people did not have to complete Medicare’s arduous appeals process in order to sue. And even though the judge struck down most of their claims, two remain alive.

There has been a stay on discovery in the case since August — meaning the plaintiffs’ attorneys couldn’t poke around and ask to see internal UnitedHealth documents. But this decision could reopen that process. Read the story, which includes the judge’s 24-page opinion.


lobbying

Risant goes to Washington

I guess the path to value-based care nirvana runs through K Street.

Risant Health — the nonprofit hospital experiment created by Kaiser Permanente that has absorbed Geisinger and Cone Health — has hired a handful of lobbyist bigwigs at Mehlman Consulting to advocate for “issues related to health care quality, access, and reimbursement.” Among the lobbyists Risant turned to: Dean Rosen, who was the top health care policy adviser for former Republican Sen. Bill Frist.


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Industry odds and ends

  • Medicare is taking out questions on enrollment application forms that ask people about their sexual orientation and gender identity.
  • The resignations within the Trump administration’s Department of Justice remind me of late 2018: That’s when Joel McElvain, a high-ranking career DOJ attorney, resigned because Trump’s DOJ said it would no longer defend the ACA. (The Supreme Court later upheld the ACA.) That was a huge deal at the time, and yet it feels like child’s play by comparison.
  • Drugmaker Fresenius Kabi is suing CMS, arguing the agency erroneously labeled the company’s premixed bags of heparin (a generic blood thinner) as an “innovator” drug, which has forced it to pay higher Medicaid rebates than it should have.
  • Chiquita Brooks-LaSure, former President Biden’s CMS administrator, is joining The Century Foundation, a think tank, as a public policy fellow, Kelly Hooper of POLITICO reports.
  • Rep. Greg Murphy (R-N.C.) told POLITICO’s Daniel Payne that he wants to see UnitedHealth “broken up into tiny little pieces” and is working on a plan to do so, possibly in conjunction with the Federal Trade Commission.
  • The hospital merger that would create a literal monopoly in Terre Haute, Ind., is back on. Union Health refiled paperwork to acquire Terre Haute Regional Hospital, under a state law that would allow the two hospitals to avoid federal antitrust scrutiny. However, Indiana legislators are considering repealing the law that allows for these “certificates of public advantage” — and the FTC fully supports that repeal.
  • The ERISA Industry Committee, a lobbying group backed by America’s largest companies and known as ERIC, laid out its priorities to Republicans in Congress last week. And there’s a bit of irony. The group wants Congress to “preserve the tax exclusion for employer-sponsored coverage” — a regressive structure that mostly benefits wealthy households and the companies themselves — and eliminate hospitals’ nonprofit, tax-exempt status. Tax breaks for me, but not for thee!
  • Higher medical costs have been the topic du jour for health insurers for almost two years now. It’s worth repeating that it’s damaged insurers’ current and future profitability, but it does not mean they are unprofitable. CVS Health and Humana, two companies that arguably have been hurt the most by higher amounts of people getting care, still generated $4.6 billion and $1.2 billion of profit in 2024, respectively.
  • Less than 1% of people appeal their health insurance denials. Julie Wernau of the Wall Street Journal profiled a handful of those who have decided to take on the fight.

The Meme Ward

Health Care Inc. Meme - Issue 131

CMS now hasn’t published data for January or February.


Thanks for reading! More next week. 


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