hospitals
Site-neutral on the table?
Hospitals are going into a second Trump term with a lot of financial power. Profits for many hospital systems are up this year as more patients are seeing their doctors for surgeries, procedures, tests, and checkups.
But the Trump administration previously displayed a willingness to take swings at hospitals, some bigger than others. For example, price transparency rules for hospitals rolled out under Trump. The same with cuts to their federal drug discounts (although those were eventually reversed).
The biggest threat to hospitals may be the growing bipartisan support in Congress for “site-neutral” payments — the idea that hospitals’ outpatient clinics should get the same rates as independent physician clinics. Trump previously embraced the concept and finalized a narrow version of site-neutral payments, which faced a torrent of hospital lawsuits before taking effect. But that regulation only covered about 2% of Medicare’s outpatient spending.
insurance
The employer plan black hole
With Republicans in control, it’s extremely possible the ACA’s expanded premium subsidies will expire at the end of next year, which would result in millions of people dropping their ACA coverage and insurance companies losing billions of dollars in taxpayer funds. (You can read more about the ACA subsidies here.)
But outside of the ACA and the other government programs previously mentioned, insurers still have a huge chunk of their business tied to the health coverage that people get through their jobs. Trump didn’t really touch the employer coverage market last time, like most other administrations, and the result continues to be an expensive, flawed system that workers say traps them in their jobs.
How expensive? If you’re by yourself, you and your employer shelled out $9,000 on average for coverage this year, according to health policy research group KFF. If you have a family, you and your employer paid almost $26,000. Those numbers have only gone up since KFF started tracking them in 1999, again agnostic to whoever is president. And it doesn’t matter which major survey you look at — it’s only getting worse for 2025. Employers have hardly moved the needle on their own.
Trump has never mentioned proposals to change the employer insurance market, and outside of championing health savings accounts, Republicans haven’t really touched the subject either. Politicians are petrified to touch people’s employer plans because of the tax breaks associated with them, and unless Republicans rope the issue into tax reform, which is far from certain, very little will change.
antitrust
Where the DOJ and FTC could go
Trump’s Department of Justice and Federal Trade Commission showed less appetite to take up antitrust cases initially — for example, the Department of Justice allowed Cigna to acquire Express Scripts. But in 2020, federal agencies completed the second-highest number of merger investigations over the past decade.
While antitrust officials are still expected to go after anticompetitive behavior regardless of who sits in the White House, there are degrees. The industry has decried the Biden administration’s antitrust enforcement, and Trump being in the White House will likely embolden health care companies to at least pursue more deals. Wall Street analysts are already expecting a flurry of mergers and acquisitions among hospitals and, potentially, insurers. The biggest one to watch will be if Cigna pulls the trigger and attempts to buy Humana, despite the large market share of their pharmacy benefit managers.
The personnel will matter a lot, too. If it’s anything like the last time, Trump’s top leaders will generally be friendlier to deal-making. The Trump administration official who led the DOJ's antitrust division, Makan Delrahim, was no Jonathan Kanter. Delrahim — who lobbied on behalf of Anthem when it tried to merge with Cigna in 2015 — routinely allowed large mergers to proceed.
And while Trump FTC Chair Joseph Simons made an aggressive antitrust move against Facebook, Lina Khan’s FTC has been more aggressive in more cases, including an ongoing one against the “Big 3” PBMs.
The picks for these agencies will go a long way to determining the antitrust agenda, and it’s worth pointing out Vice President-elect JD Vance has at least spoken highly of Khan.
regulation
The post-Chevron world
Over the summer, the conservative Supreme Court significantly weakened the ability for federal agencies to regulate industries and put out new rules based on their best interpretations of the law.
That has shifted a lot of power away from HHS, CMS, and FDA, and directed a lot more power toward the courts and the industries that are regulated. This is what conservatives wanted, but now that the Trump administration will run those agencies again, trying to repeat previous regulatory reforms like making cuts to 340B drug program or hospital outpatient payments could, ironically, be more difficult.