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I
f
the
U.S.
Department of
Health and
Human Services
(HHS) were
a
separate
coun-
try,
its
approximately
$1.6 trillion
budget would
rank as
the
world’s
fifth-largest national
budget.
For
good
or
ill,
HHS
activities
personally impact
the
lives
of
more
Americans
than do
those of
any
other
federal agency.
Under President
Trump, HHS was
dedicated to
serving “all
Americans from
conception to
natural death,
including
those
individuals
and
families
who
face…economic
and
social
well-being challenges.”1 Under
President
Biden, the
mission has
shifted to
“promoting equity
in
everything
we
do”
for
the
sake of
“populations sharing
a
particular
characteristic”
including
race,
sexuality,
gender
identification,
ethnicity,
and
a
host of
other categories.2
As
a
result
of
HHS’s
having lost
its
way,
U.S. life
expectancy, instead
of
return-
ing
to
normal after
the
COVID-19
pandemic, continued
to
drop
precipitously
to levels
not seen
since 1996
with white
populations
alone
losing 7
percent of
their expected life
span
in
just
one
year.3 Nothing
less
than
America’s long-term
survival
is at stake. Accordingly, HHS must return to serving the health and
well-being of all
Americans
at
all
stages of
life instead
of
using
social engineering
that leaves
us sicker,
poorer, and
more
divided.
OVERVIEW
HHS
consists of
11
operating
divisions that
have varying
degrees of
practical independence
from the Secretary of Health and Human Services and 15 staff
divisions that
are
directly under
the Office
of the
Secretary.
This chapter’s
rec- ommendations
are
limited
to
those
divisions
that
most
need
reform
and
address,
wherever
possible, five
cross-cutting
goals.
Mandate
for
Leadership: The
Conservative
Promise
Goal
#1:
Protecting Life,
Conscience,
and Bodily
Integrity.
The Secretary
should
pursue
a
robust
agenda
to
protect
the
fundamental
right
to
life,
protect
con-
science
rights, and
uphold
bodily
integrity
rooted
in
biological
realities,
not
ideology.
From the
moment
of
conception,
every
human
being
possesses
inherent
dignity
and worth,
and
our
humanity
does
not
depend
on
our
age,
stage
of
development,
race, or
abilities.
The
Secretary
must
ensure
that
all
HHS
programs
and
activities
are rooted
in a
deep
respect for
innocent
human life
from day
one until
natural
death:
Abortion
and
euthanasia
are
not
health care.
A
robust respect
for
the
sacred rights
of
conscience,
both at
HHS
and
among gov-
ernments
and institutions funded by it, increases choices for
patients and program
beneficiaries and
furthers
pluralism and tolerance.
The
Secretary must
protect Americans’ civil
rights
by
ensuring
that
HHS
programs
and
activities
follow
the letter
and spirit
of
religious freedom
and
conscience-protection
laws.
Radical
actors inside and outside government are promoting harmful
identity
politics
that replaces
biological sex
with subjective
notions of
“gender identity”
and
bases
a
person’s
worth on
his
or
her
race,
sex, or
other identities.
This destructive
dogma, under the guise of “equity,” threatens American’s
fundamental liberties as
well as
the
health
and
well-being
of
children
and
adults
alike. The
next Secretary
must
ensure that
HHS
programs protect
children’s
minds and
bodies and
that HHS
programs respect
parents’
basic right
to direct
the
upbringing,
education, and care of their children.
Goal #2: Empowering Patient Choices and Provider Autonomy.
Basic eco-
nomics
holds
that
costs
tend
to
decrease
and
quality
and
options
tend
to
increase when
there
is
robust
and
free
competition in
the
provision
of
goods
and
services.
Health care
is no
exception. Health care
reform
should be
patient-centered and market-based and should
empower individuals to control their health care–related
dollars and decisions.
Of
course, providers
who
deliver
health care
also need
the
freedom
to
address
the
unique
needs of
their patients.
States should
be
the
primary regulators
of
the
medical profession, and the federal government should not
restrict providers’ abil-
ity to discharge their
responsibilities or limit their ability to innovate through
government pricing controls or irrational Medicare and
Medicaid reimburse- ment
schemes.
Finally,
America’s broken insurance system, run largely through
confusing pro-
vider
networks and third-party payers (employers), induces
overconsumption of health
care,
limits consumer
shopping, and hides
true costs
from
patients.
The
federal
government
should focus
reform
on
reducing
burdens of
regulatory
compliance, unleashing innovation in health care delivery, ceasing
interference in
the
daily
lives
of
patients
and
providers,
allowing
alternative
insurance
coverage options,
and
returning
control of
health
care
dollars
to
patients
making
decisions
with their
providers about their
health
care treatments
and
services.
2025
Presidential Transition
Project
Goal #3: Promoting Stable and Flourishing Married Families.
Families comprised
of a
married
mother, father,
and their
children
are the
foundation
of a well-ordered
nation and
healthy
society.
Unfortunately,
family policies
and programs
under
President
Biden’s
HHS
are
fraught
with
agenda
items
focusing
on “LGBTQ+ equity,”
subsidizing single-motherhood, disincentivizing work, and
penalizing
marriage.
These policies
should
be
repealed
and
replaced
by
policies
that support
the
formation of
stable,
married, nuclear
families.
Working fathers are essential to
the well-being and development of their children, but the
United States is experiencing a crisis of fatherlessness
that is ruining our children’s futures. In the overwhelming
number of cases, fathers
insulate
children
from
physical
and
sexual
abuse,
financial
difficulty
or
poverty,
incarceration,
teen pregnancy, poor educational
outcomes, high school
failure, and a host
of
behavioral and
psychological
problems. By contrast,
homes with
non-related
“boyfriends”
present
are
among
the
most
dangerous
place
for
a
child to be. HHS
should prioritize married father engagement in its
messaging, health, and welfare policies.
In
the
context
of
current
and
emerging
reproductive technologies,
HHS
policies
should
never
place
the
desires of
adults over
the
right
of
children
to
be
raised by the
biological fathers
and
mothers
who
conceive
them. In
cases involving
biolog- ical
parents
who are
found by
a court to
be unfit
because of
abuse or
neglect,
the process
of
adoption
should
be
speedy,
certain,
and
supported
generously
by
HHS.
Goal
#4:
Preparing for
the Next
Health
Emergency. The
COVID-19
pan- demic
demonstrated
how
catastrophic
a
micromanaging,
misinformed,
centralized,
and politicized
federal
government
can
be.
Basic
human
rights,
medical
choice,
and
the
doctor–patient relationship
were
trampled
without
scientific
justification
and for
extended
periods of
time.
Excess deaths,
not due to COVID-19,
skyrocketed because
of
forced
lockdowns,
isolation,
vaccine-related
mass
firings,
and
colossal
disruptions
of
the
economy and
daily rhythms
of
life.
The federal government’s
public
health apparatus
has lost
the
public’s trust.
Before
the
next
national
public
health
emergency,
this
apparatus
must
be
funda- mentally
restructured to
ensure
a
transparent,
scientifically
grounded,
and
more
nimble, efficient, transparent, and targeted response that
respects the unique needs
and input
of patient
populations and providers.
Every one
of the overreaching policies during the pandemic—from
lockdowns and
school
closures to
mask and
vaccine
mandates or
passports—received
its supposed legal
justification from the state of emergency declared (and
renewed) by
the HHS
Secretary. Tellingly, however,
the
threshold for
what
constitutes a public
health
emergency—how
many
cases,
hospitalizations,
deaths,
etc.—was
never defined. For the sake
of democratic accountability, we must know with clarity
what will trigger
the next emergency declaration and, just as important, what
will trigger its end.
Mandate
for
Leadership: The
Conservative
Promise
Unaccountable
bureaucrats like
Anthony Fauci
should never
again have
such
broad,
unchecked
power to
issue health
“guidelines” that
will certainly
be
the
basis
for
federal
and
state
mandates. Never
again should
public health
bureaucrats be
allowed to
hide information, ignore information, or mislead the public
concerning the
efficacy
or dangers
associated with any
recommended health interventions
because they believe it
may lead
to
hesitancy on
the part
of the
public.
The only
way
to restore
public
trust
in
HHS
as
an
institution
capable
of
acting
responsibly
during a
health
emergency is
through
the best
of
disinfectants—light.
Goal #5:
Instituting Greater Transparency,
Accountability, and Over-
sight.
The
next
Administration
should
guard against
the
regulatory
capture of
our
public
health
agencies
by
pharmaceutical
companies, insurers,
hospital conglomer-
ates,
and
related economic
interests that
these agencies
are
meant
to
regulate.
We must erect
robust firewalls
to
mitigate
these obvious
financial conflicts
of
interest. All
National
Institutes of Health,
Centers for
Disease
Control and
Prevention, and
Food and
Drug
Administration
regulators should be
entirely
free from
pri- vate
biopharmaceutical
funding.
In
this
realm,
“public–private
partnerships”
is
a
euphemism
for agency
capture,
a
thin
veneer
for
corporatism.
Funding
for
agencies
and individual
government
researchers
must
come
directly
from
the
government
with
robust
congressional
oversight.
We must shut
and lock the revolving door between government and Big
Pharma. Regulators
should
have a
long
“cooling off
period” on
their
contracts (15 years
would not be too long)
that prevents them from working for companies they have
regulated. Similarly,
pharmaceutical
company
executives
should
be
restricted
from moving
from
industry into
positions
within regulatory
agencies.
Finally,
HHS should adopt metrics across the agency that can
objectively deter-
mine
the
extent
to
which
the
agency’s
policies
and programs
achieve
desired
health
and
welfare
outcomes
(not agency
outputs).
What
is
not
measured
is
not
achieved.
CENTERS
FOR DISEASE
CONTROL AND
PREVENTION (CDC)
COVID and Structural Reform.
COVID-19
exposed
the Centers
for
Disease Control
and Prevention (CDC)
as perhaps
the most
incompetent and arrogant
agency
in
the
federal
government.
CDC
continually
misjudged
COVID-19,
from
its
lethality,
transmissibility,
and
origins
to
treatments.
We
were
told
masks
were
not
needed;
then they
were
made
mandatory.
CDC
botched
the
development
of
COVID tests when they were
needed most. When it was too late, we were told to put
our
lives
on
hold
for
“two
weeks
to
flatten
the
curve;”
that
turned
into
two
years
of
interference and
restrictions on the smallest details of our lives. Congress
should ensure that CDC’s
legal
authorities are
clearly
defined and
limited to
prevent a
recurrence of any
such
arbitrary and
vacillating
exercise of
power.
The
CDC
should
be
split
into two
separate entities
housing its
two
distinct
func-
tions.
On
the
one
hand,
the
CDC
is
now
responsible for
collecting, synthesizing,
2025 Presidential
Transition Project
and publishing epidemiological
data from the individual states—a scientific
data-gathering function.
This information is crucial for medical and public health
researchers around the
country. On
the other hand,
the CDC
is also
responsible for
making
public
health
recommendations and
policies—an
inescapably
political
function.
At
times,
these
two
functions
are in
tension
or
clear
conflict.
In
February
2022, for
example, it
was reported that
“[t]wo
full years
into the
pandemic, the agency leading
the
country’s
response to
the public health
emergency has pub-
lished only a tiny
fraction of the data it has collected,” much of which “could
[have helped]
state
and
local
health
officials
better
target
their
efforts
to
bring
the
virus
under
control.”
A CDC
spokesman
said
that
one
of
the
reasons
was
“fear
that
the
information might be misinterpreted.”4
These
distinct functions
should be
separated into
two
entirely
separate agen-
cies
with a
firewall
between them.
We need
a national
epidemiological
agency responsible only
for
publishing
data
and
required
by
law
to
publish
all
of
the
data
gathered
from states
and
other
sources.
A
separate
agency
should
be
responsible
for public health with a
severely confined ability to make policy recommendations.
The CDC
can and
should
make assessments
as to
the
health
costs
and benefits
of health interventions, but
it has
limited to
no capacity to
measure
the
social costs or
benefits
they may
entail.
For example,
how much
risk
mitigation is
worth the
price
of
shutting
down
churches
on
the
holiest
day
of
the
Christian
calendar
and
far
beyond
as
happened
in 2020?
What
is
the
proper
balance
of
lives
saved
versus
souls saved? The CDC has
no business making such inherently political (and often
unconstitutional) assessments and
should be
required by
law to stay
in its
lane.
The CDC’s
initial COVID-19 testing failures were largely the result of
that agen- cy’s
prioritizing
its own
development and production
of tests
using its
internal staff
and
facilities. The
private
sector
is
much
better
positioned
to
tackle
the
chal-
lenges inherent in
developing and manufacturing novel products, as illustrated
by the
relative
success
of
the
alternative
approach
to
facilitating
the
development
of COVID-19
vaccines
and therapeutics
by
private
companies
that
was
adopted
by the
Food and
Drug
Administration
(FDA).
When
it
comes
to
testing,
the
CDC’s
role should
similarly be
to
facilitate
rather
than
supplant
the
efforts
of
private
test developers,
academic laboratories,
state public
health
laboratories, and
clinical
testing
providers. When
responding
to a
novel pathogen, the CDC
should focus on gathering and disseminating information,
including
specimens
needed for
development
of
positive
controls
and
reference
panels, and
ensuring
that test
developers can develop
and
validate
diagnostic tests.
These
changes
will require
a
shift
in
priorities
and
culture
at
the
CDC—and
throughout HHS more broadly.5
Most
problematically,
the
CDC
presented
itself as
a
kind
of
“super-doctor”
for the entire
nation. The
CDC
is
a
public
health institution,
not
a
medical institution.
According
to
its
mission statement,
the
agency
focuses on
“disease prevention
and
Mandate for
Leadership: The Conservative
Promise
control,
environmental
health,
and
health
promotion and
health education
activi-
ties.”6 It
is not qualified to offer (and usually does not purport to
offer) professional
medical opinions applicable to specific patients.
From
time to
time, the
CDC
offers
findings and
recommendations
that
compe- tent medical
practitioners
often
will consider
in
arriving
at
a
professional medical
judgment
for a
particular
patient. In
this
respect, CDC
guidelines
are analogous
to
guidelines
from
other
public
health
associations
or
medical
societies:
They
are
informative, not prescriptive.
By statute or
regulation, CDC guidance
must be
prohibited from taking
on a
prescriptive
character. For
example,
never
again
should CDC
officials
be
allowed
to say in their official
capacity that school children “should be” masked or
vaccinated (through a schedule or otherwise) or prohibited
from learning in a school building.
Such
decisions
should be
left
to
parents
and
medical
providers.
We
have
learned
that when CDC says what
people “should” do, it readily becomes a “must” backed by
severe
punishments, including
criminal
penalties.
CDC
should
report
on
the
risks and
effectiveness of all
infectious disease-mitigation
measures
dispassionately and
leave
the
“should”
and “must”
policy
calls
to
politically
accountable
parties.
Conflicts of
Interest.
There
was a
time when
the CDC
could not
take money
from the pharmaceutical
industry, but in 1992, the agency discovered a loophole in
federal
law
that
allowed
it to
accept
pharma
contributions
through
the
nonprofit
CDC Foundation.
The money
started
flowing
immediately: From
2014
through 2018, the CDC Foundation received $79.6 million from
pharmaceutical corpo- rations like Pfizer,
Biogen,
and Merck.7 This practice presents
a stark
conflict
of interest that should be banned.
Data Systems. The COVID-19
pandemic has revealed the disastrous public health
consequences of the CDC’s failure to follow multiple
congressional mandates to modernize
its data
infrastructure. Current reporting
methods are
burdensome
for
frontline
medical
workers,
yet
they
result
only
in
fragmented
data that
are not
available
in real time or
usable
across systems.
Congress
should
require HHS
to
prioritize the
electronic
collection and dis-
semination of robust,
privacy-protected data that better leverages existing
systems while
reducing
burdens
on
clinicians.
HHS
should
also
enter
into
a
public–private
partnership
with
a
data-management
expert
to
develop
a
system
that
makes
crit- ical
information
available
to health
care
workers
and
policymakers
in
real
time.8
The
CDC
operates
several programs
related to
vaccine safety
including the
Vac-
cine
Adverse
Event Reporting
System (VAERS);
Vaccine Safety
Datalink (VSD);
and
Clinical
Immunization Safety
Assessment (CISA)
Project. Those
functions and their
associated funding
should be
transferred to
the
FDA,
which is
responsible for post-market
surveillance and
evaluation of
all
other
drugs and
biological products.
Respect for Life and Conscience.
The CDC should eliminate
programs and projects
that do
not
respect
human
life
and
conscience
rights
and
that
undermine
2025
Presidential Transition
Project
family
formation. It
should ensure
that it
is
not
promoting abortion
as
health
care.
It should fund studies into the risks and complications of abortion and
ensure that it corrects and does not promote misinformation
regarding the comparative health
and
psychological
benefits
of
childbirth
versus the
health and
psychological
risks of
intentionally
taking a
human life
through
abortion.
The
CDC
oversaw
and
funded
the
development
and
testing
of
the
COVID-19 vaccines with
aborted fetal cell lines, insensitive to the consciences of
tens of thousands to hundreds of thousands of people who
objected to taking a vac- cine
with such
a link
to
abortion. As
evidenced
by litigation
across the
country, it is likely that thousands were fired
unjustly because of the exercise of their consciences or
faith on this question, which could have been avoided with a
modicum
of
concern
for
this
issue
from
CDC.
There
is
never
any
justification for ending
a
child’s
life
as
part
of
research,
and
the
research
benefits
from
splicing
or growing
aborted
fetal cells
and aborted
baby body
parts can
easily be
provided by alternative sources. All such research
should be prohibited as a matter of law and policy.
CDC
should update
its
public
messaging about
the
unsurpassed
effectiveness
of
modern
fertility awareness–based
methods (FABMs)
of
family
planning and
stop publishing
communications that conflate such methods with the
long-eclipsed “rhythm” or “calendar” methods. CDC should
fund studies exploring the evi- dence-based
methods
used in cutting-edge fertility
awareness.
Data Collection. The CDC’s
abortion surveillance and maternity mortality reporting
systems
are woefully
inadequate. CDC abortion
data are
reported
by states on a voluntary
basis, and California, Maryland, and New Hampshire do not
submit
abortion
data at
all.
Accurate
and
reliable
statistical
data
about
abortion, abortion
survivors,
and abortion-related
maternal
deaths
are
essential
to
timely,
reliable public
health and
policy
analysis.
Because
liberal states have now become sanctuaries for abortion
tourism, HHS should
use
every
available tool,
including the
cutting of
funds, to
ensure that
every state
reports
exactly how
many
abortions take
place
within its
borders, at
what gestational age
of
the
child,
for
what
reason,
the
mother’s
state
of
residence,
and by
what
method. It
should
also ensure
that
statistics are
separated
by category:
spontaneous miscarriage;
treatments that incidentally result in the death of a child
(such as
chemotherapy);
stillbirths; and
induced
abortion.
In
addition,
CDC
should require
monitoring
and reporting
for
complications due
to abortion
and every
instance
of children
being
born
alive
after
an
abortion.
Moreover,
abortion
should
be clearly
defined
as
only
those
procedures
that intentionally
end
an
unborn
child’s
life. Miscarriage
management
or
standard
ectopic
pregnancy
treatments
should
never be conflated with abortion.
Comparisons
between live
births and
abortion should
be
tracked
across vari-
ous
demographic
indicators to
assess whether
certain populations
are
targeted
by
Mandate for
Leadership: The Conservative
Promise
abortion
providers and whether better prenatal physical, mental, and
social care
improves
infant outcomes
and
decreases
abortion rates,
especially among
those who are most
vulnerable.
The Ensuring Accurate
and
Complete Abortion
Data
Reporting Act
of 20239
would
amend title
XIX of
the Social
Security
Act and
Public
Health Service
Act to
improve the
CDC’s
abortion reporting
mechanisms
by requiring
states, as
a condition
of federal
Medicaid
payments for
family
planning
services, to
report streamlined variables in a timely manner.
The CDC
should immediately end its collection of data on gender
identity, which
legitimizes
the
unscientific
notion that
men
can
become women
(and vice
versa) and
encourages the phenomenon
of
ever-multiplying
subjective identities.
FOOD
AND DRUG
ADMINISTRATION
(FDA)
The
FDA’s
mission
includes
ensuring
the safety
and
efficacy
of
drugs,
biological
products, and medical devices.
Federal Laws
That Shield Big Pharma from Competition.
Because generics
generally
cost
far
less
than
brand-name
drugs,
consumers
begin
to
save
money
as soon
as
a
generic
product
comes
on
the
market.
The
vast
majority
are
very
afford-
able with
93 percent
of generic
products
costing $20
or less.
Savings
would be
even higher
under proposals
that prevent
brand-name man- ufacturers
from slowing down or impeding the entrance of generic
products into the
marketplace.
Specifically,
the
FDA
should
prohibit pharmaceutical
companies
from
purposely
sitting on
their legally
available right
to
be
the
first
to
sell
generic versions
of
their drugs.
Additionally,
Congress
should create
legal remedies
for generic
companies to obtain
samples of
brand-name
products for
their
generic development
efforts
and
should
prohibit
meritless
“citizen
petitions”
submitted
by manufacturers
to delay
approval
of a generic competitor.10
Approval Process for
Laboratory-Developed or Modified Medical Tests.
Learning
from
the failed
early
COVID-19
testing experience,
Congress
and
the FDA should
focus
on
reforming
laws and
regulations
governing medical
tests,
especially with
respect to laboratory-developed tests.
Commercial
tests are
developed with
the
intention
of
being
widely marketed,
distributed, and used,
while laboratory-developed tests are created with the
intention
of
being
used
solely
within
one
laboratory.
A
test
developed
by
a
lab
in
accordance with the
protocols developed by another lab (non-commercial sharing)
currently
constitutes a “new” laboratory-developed test because the
lab in which it
will
be
used
is
different
from the
initial
developing
lab.
To
encourage
interlab-
oratory collaboration and discourage duplicative test
creation (and associated
regulatory
and
logistical
burdens),
the
FDA
should
introduce
mechanisms
through which
laboratory-developed
tests
can
easily
be
shared
with
other
laboratories with- out the current
regulatory burdens.11
2025 Presidential
Transition Project
The
“laboratory-developed
tests”
category currently
encompasses a
range of
possible
tests, many
of
which
would be
characterized
more
appropriately
as
“lab- oratory-modified
tests”
because they
are not truly
novel tests
but
rather
modified
versions
of
existing
tests. To
avoid stifling
innovation and
access to
medical care,
the
applicable statutes and regulations should be revised to
facilitate greater access
to such modified tests.12
Finally,
the
FDA
has
long
held that
it
has
regulatory authority
over such
tests,
while
others
have
argued
that
they
should
be
considered
clinical services
regulated by
the
Centers for
Medicare
and Medicaid
Services
(CMS). The
FDA
currently has
regulatory
authority over in
vitro
diagnostics, and
under the
Clinical
Lab- oratory Improvement Amendments (CLIA),13
the CMS ensures
that labs meet analytical
validity
standards for test
methods.
Congress, the
FDA, and
the CMS
need to clarify and disentangle overlapping authorities over
tests to eliminate regulatory
confusion.14
Drug
Shortages. The very
thin profit margins and the regulatory burdens
associated
with generic
drug
manufacturing
discourage
inventory
and
capacity
investments
by
manufacturers
and
contribute
to
drug
shortages.
HHS
and
the
FDA should
encourage
more dependable
generic
drug
manufacturing.
The
FDA
should
expand its
current pass/fail
approach to
drug facility
inspec- tions
into
a
graded
system that
recognizes manufacturers
that exceed
minimum
standards by investing in improving production reliability. The FDA
should also add facility
codes to drug packaging and construct a searchable database
that cross-references product codes and facility codes. That would enable
wholesalers and
pharmacy benefit managers to identify and preference drugs
manufactured at
more reliable facilities, thus encouraging generic drug
manufacturers to compete on reliability as well as on
price.
For its
part, HHS should exempt multi-source generic drugs from
requirements
to
pay
rebates to
Medicaid and
other federally
funded health
programs, as
those
provisions
penalize
new
investments
in
expanding
manufacturing
capacity
when
supply
is
unable
to
meet
demand.15 Additionally,
FDA
and
NIH
should
promote
efficacy trials of new applications for generic drugs, which might include
NIH fund- ing such trials
or
conducting its
own.
Abortion
Pills. Abortion pills
pose the single greatest threat to unborn chil- dren
in a post-Roe
world.
The rate
of
chemical abortion
in the U.S. has
increased by more than
150
percent in
the past
decade;
more than
half of
annual
abortions in the U.S. are chemical rather than surgical.
The
abortion pill regimen is typically a two-part process. The
first pill, mifepris- tone,
causes
the
death
of
the
unborn
child by
cutting off
the
hormone
progesterone, which is required to sustain a pregnancy.
The second pill, misoprostol, causes con-
tractions to
induce a
delivery of
the
dead
child and
uterine contents,
usually into
a
toilet
at
home.
The
abortion-pill
regimen is
currently approved
for
up
to
70
days
Mandate
for
Leadership: The
Conservative
Promise
(10 weeks) into
pregnancy
and before
Biden was
subject to
a heightened safety
restriction called
a
Risk
Evaluation
and
Mitigation
Strategy
(REMS)
that
requires
an in-person visit with a
physician who can check for dangerous contraindications
such as ectopic pregnancies and can advise the mother seeking an abortion
of the risks
of
chemical
abortion,
including
hemorrhaging, and what
to do
in such
cir- cumstances. Chemical abortion
has been
found to
have a
complication
rate four
times higher than that of surgical abortion.
Since
its
approval
more than
20
years
ago, mifepristone
has
been
associated with
26
deaths
of
pregnant
mothers, over
a
thousand
hospitalizations,
and
thousands more
adverse
events, but
that number
does not
account for
all
complications.
Of
course,
this does not count the hundreds of thousands to millions of
babies whose
lives
have
been unjustly
taken through
chemical abortion.
FDA
should
therefore:
•
Reverse
its
approval of
chemical
abortion drugs
because
the politicized
approval
process was
illegal
from the
start.
The FDA failed
to abide
by its
legal
obligations to
protect
the health,
safety,
and welfare of
girls and
women. It
never
studied the
safety of
the drugs
under
the
labeled
conditions
of
use,
ignored
the
potential
impacts
of
the
hormone-blocking regimen
on
the
developing
bodies
of
adolescent
girls, disregarded
the substantial evidence that chemical abortion drugs cause
more
complications than surgical
abortions, and eliminated
necessary
safeguards
for
pregnant
girls and
women who
undergo this
dangerous drug regimen.
Furthermore, at
no
point
in
the
past two
decades has
the
FDA
ever acknowledged
or
addressed federal
laws that
prohibit
the distribution
of abortion drugs by
postal
mail; to
the
contrary, the
FDA has permitted
and actively encouraged such activity.
Now
that the
Supreme
Court has
acknowledged that the
Constitution contains
no
right
to
an
abortion,
the FDA
is
ethically
and
legally
obliged
to
revisit
and
withdraw
its initial
approval,
which
was
premised
on
pregnancy being an
“illness” and abortion being “therapeutically” effective at
treating this
“illness.” The FDA
is
statutorily
charged with
guaranteeing
the
safety
and
efficacy
of
drugs
and
therefore
should withdraw
this drug
that is
proven to
be dangerous to
women and
by definition
fatally unsafe for unborn
children.
As
an
interim
step, the
FDA
should
immediately restore
the
REMS
by
removing
the
in-person
dispensing requirement
to
eliminate
dangerous tele-abortion
and abortion-by-mail
distribution.
Mail-Order
Abortions.
Allowing
mail-order abortions
is
a
gift to
the
abortion industry
that allows
it to
expand far
beyond
brick-and-mortar clinics and
into
2025 Presidential
Transition Project
pro-life
states that
are
trying
to
protect
women, girls,
and
unborn
children from
abortion. The FDA should
therefore:
•
Reinstate earlier safety protocols for Mifeprex that were
mostly eliminated in
2016 and
apply
these protocols
to any
generic
version
of mifepristone.
A bare-minimum policy of limiting
abortion pills to the pre-2016
policy of
49 days
gestation,
returning to
the pre-2021 in-person
dispensing
requirement,
and
returning
to
requiring
prescribers
to
report
all serious
adverse
events,
not
just
deaths,
to
the
drug
sponsor
would
increase
women’s
health
and
safety.
•
Address
weaknesses in the current FAERS (FDA Adverse Events
Reporting
System).
The Administration
and
policymakers
should ensure
that
health
care
workers,
particularly
those
in
hospitals
and
emergency
rooms,
report
abortion
pill complications.
Women
who
experience
complications from
abortion
pills
typically
go to
an
emergency
room,
not
to
the
abortion
pill
prescriber, so
putting
the
onus
of
reporting
on
the
prescriber
who
typically
has
no
idea
that
a
complication has
occurred
means
that
the
FAERS
is
seriously
undercounting
adverse
events.
Submitting
an
adverse
event
to
the
database should
be
a
quick
and
efficient
process for
busy
health
care
practitioners.
Currently,
providers
report that
the
process
is
difficult
and
convoluted.
•
Implement a policy of transparency about inspections of the
abortion
pill’s sponsors, Danco and GenBioPro, as well
as facilities that
manufacture
the pills.
The
FDA should
respond to
congressional
requests and Freedom of
Information Act (FOIA)
requests
about inspections,
compliance, and
post-marketing
safety in
a timely manner.
•
Stop promoting or approving mail-order abortions in
violation of long-standing
federal
laws that
prohibit
the mailing
and
interstate carriage of abortion drugs.16
Vaccine
Importation. Thousands
of
Americans of
faith and
conscience
wish to receive various
childhood vaccinations for themselves and their families but
are not allowed to receive vaccines that are derived through
or tested on aborted fetal cells. For example, the
chickenpox, Hepatitis, and MMR vaccines in the U.S. are all
linked to abortion in this way. There are ethically derived
alternatives abroad that
have
been
used
safely
there
for
decades,
but
the
FDA
makes
it
exceedingly
difficult
for Americans to import them.
In January 2021,
the HHS
Office for
Civil
Rights (OCR)
and the
FDA jointly
announced that HHS
was
required by
the
Religious Freedom
Restoration
Act
Mandate for
Leadership: The Conservative
Promise
(RFRA)17 to
allow
bulk
importation by
doctors of
certain Japanese-made
vaccines
to
accommodate
religious needs of
patients,
but
the
Biden
FDA
unlawfully
revoked
this
waiver.
The
FDA
should
restore
the
waiver
to
comply
with
RFRA
and
for
the
obvious public health
benefits of increased childhood vaccination by families
seek- ing ethically derived alternatives.
To
avoid future
moral coercion
of
the
sort experienced
with the
COVID-19 vac-
cines,
the
FDA
and
NIH
should
require the
development of
drugs and
biologics that
are
free
from moral
taint and
switch to
cell lines
that are
not
derived
from aborted
fetal
cell lines
or aborted
baby body
parts.
Conflicts
of
Interest.
A
2018
report
in
Science found
that more
than two-thirds
of
FDA reviewers later ended up at the same companies whose
products they had
been
reviewing
while
they
were working
for
the
government.18 This
revolving door
is
one
mechanism
by which
pharmaceutical
companies
capture
the
agencies
that
regulate them. The FDA
should impose a lengthy cooling off period for reviewers,
preventing them from
working
for companies
they
regulated.
In
1997, the
FDA
relaxed
regulations to
permit broadcast
drug advertisements,
after which Big Pharma began routine direct-to-consumer
advertising, making the
United
States
and
New
Zealand the
only countries
where such
practices are
legal. Following
the 1997
changes,
pharma became
the
largest
advertiser for all
major media
organizations. This buys considerable influence in the
newsroom—whether media
companies
acknowledge
this
or
not—and
distorts
independent
reporting
on
public
health
issues.
The FDA
or
Congress
should
regulate
where
and
how
paid
advertising is used by
pharmaceutical companies more stringently, especially on
media
outlets.
NATIONAL
INSTITUTES
OF
HEALTH
(NIH)
The National Institutes of
Health (NIH) is the world’s largest biomedical
research
agency
and
is
made
up
of
27
different
components
called
Institutes
and Centers.
Despite
its
popular
image
as
a
benign
science
agency,
NIH
was
respon- sible for
paying
for
research
in
aborted
baby
body
parts,
human
animal
chimera
experiments,
and
gain-of-function viral
research
that
may
have
been
responsible
for COVID-19.
Bioethics
Reform.
Research
using fetal
tissue obtained
from elective
abortions
is
immoral
and
obsolete.
Research using
human embryonic
stem cells
also involves
the
destruction
of
human
life and
should not
be
subsidized
with taxpayer
dollars. Good
science
and
life-affirming,
ethical research
are not
mutually
exclusive. In fact,
ethically
derived
sources
such
as
discarded
surgical
tissue
and
adult
stem
cells
(made pluripotent), not
tissue obtained from elective abortions, have contributed
the most successful treatments
for a variety of ailments.
Congress authorized HHS to
choose not to fund extramural abortion-de-
rived
fetal
tissue
research
that
fails
ethics
advisory
board
review,
and
in
2019,
the
2025 Presidential
Transition Project
Trump
Administration’s
HHS
chose that
course. Subsequently,
however, the
Biden Administration
restored unrestricted funding of abortion-derived fetal
tissue research. HHS should:
•
Promptly restore the ethics advisory committee to oversee
abortion- derived fetal tissue research, and Congress should
prohibit such research
altogether.
•
End intramural
research
projects using
tissue from
aborted
children within the NIH, which should end its human
embryonic stem
cell
registry.
•
Aggressively
implement a
plan to
pursue and
fund
ethical
alternative methods of research in order to ensure that
abortion and embryo- destructive related research, cell
lines, and other testing methods become both fully obsolete
and ethically unthinkable.
In
addition, the
Administration
should
reconvene a
new
National
Council on
Bioethics
(NCB) to
discuss
new and
emerging
areas of
ethical
concern, to
assess whether the ends justify the means when it
comes to the promise of therapies and
cures, and
to
establish what
limiting
principles should guide
research
and health policy.
Because the
male–female
dyad is
essential
to human
nature and
because every child has
a right
to a
mother and
father,
three-parent embryo cre-
ation and human cloning
research should be banned. A new NCB should convene
leading experts to
examine these issues and provide policy recommendations for
the new
frontier of
bioethical
questions that
our country
will have
to address
in the coming years.
Finally,
HHS
should
create and
promote a
research agenda
that supports
pro- life policies
and
explores
the
harms,
both mental
and
physical,
that abortion
has wrought
on women
and girls.
Conflicts of Interest. NIH
maintains inappropriate industry ties that create
serious
conflicts
of interest.
In
2018,
it
was
revealed
that
a
$100
million
NIH
study
on the benefits of
moderate drinking was funded by the beer and liquor
industry.19 More
recently,
the
National
Institute of
Allergy and
Infectious Diseases
(NIAID), Anthony
Fauci’s division of the NIH, owns half of the patent for the
Moderna COVID-19
vaccine,
among
thousands
of
other
pharma
patents.20 Rather
than
pro-
viding
grants to
university-based
investigators
to
run
the
clinical
trials on
their own
Moderna
vaccine, the
NIH
conducted
this research
internally—a clear
conflict of
interest.
The NIAID
will earn
millions
from this
vaccine’s revenue with
several NIH employees (and their heirs) personally
receiving up to $150,000 annually from Moderna vaccine
sales.21
Mandate for
Leadership: The Conservative
Promise
In May 2022,
documents obtained pursuant
to a
FOIA
request revealed
that NIH
Director
Francis
Collins,
NAIAD
Director
Anthony
Fauci,
and
Fauci’s
Deputy
Director, Clifford Lane, all received royalties from
pharmaceutical companies
between 2009 and 2014.22 Nonprofit watchdog Open the Books estimates that from
2010
to 2020,
third
parties paid
more than
$350
million in
royalties
to NIH
and its
scientists,
who
are
credited
as
coinventors.
Most
problematically,
in
the
years
when
they
received
payments,
Collins,
Fauci,
and
Lane
were
NIH
administrators,
not
researchers, with
no
plausible claim
to be
scientific
co-discoverers.
Most of the
world’s other advanced science countries have stricter
prohibitions
on such
conflicts, which helps to explain why the most significant
studies on COVID
treatments,
on
natural
immunity, and
on
vaccine
efficacy have
come mostly
from outside the U.S.
Funding
for
scientific
research should
not be
controlled
by a
small group
of highly
paid
and
unaccountable
insiders
at
the
NIH,
many
of
whom
stay
in
power for
decades.
The NIH
monopoly
on directing
research
should be
broken.
Term limits
should
be
imposed
on
top
career
leaders
at
the
NIH,
and
Congress
should
consider block granting
NIH’s grants budget to states to fund their own scientific
research.
Nothing
in this
system
would
prevent
several
states
from
partnering
to co-fund
large research projects that require greater resources or
impact larger regions.
Likewise,
the
establishment
of
funding
for
scientific
research
at
the
state level
does
not
preclude
more modest
federal
funding
through
the
National
Insti-
tutes of
Health: The
two models are
not
mutually
exclusive.
The CDC and
NIH
Foundations, whose
boards are
populated
with pharma-
ceutical company
executives, need to
be
decommissioned.
Private donations
to these
foundations—a majority of them from pharmaceutical
companies—should not
be
permitted to influence
government decisions about
research
funding or public
health policy.
Woke Policies.
Under
Francis
Collins, NIH
became so
focused on
the #MeToo movement
that
it
refused
to
sponsor
scientific
conferences
unless
there
were
a
cer-
tain
number
of
women
panelists,
which violates
federal
civil
rights
law
against
sex
discrimination.
This
quota
practice
should be
ended,
and
the
NIH
Office
of
Equity,
Diversity,
and
Inclusion,
which
pushes
such
unlawful
actions,
should
be
abolished.
NIH has been at the forefront in pushing junk gender
science. Instead, it should
fund
studies into
the
short-term and long-term
negative
effects of
cross- sex
interventions,
including
“affirmation,”
puberty
blockers,
cross-sex
hormones
and surgeries,
and
the
likelihood
of
desistence
if
young
people
are
given
counseling
that
does not include
medical or social
interventions.
CENTERS
FOR
MEDICARE AND
MEDICAID
SERVICES
(CMS)
With
the
goal
of
being
a
societal
safety net,
Medicare and
Medicaid touch
more American
lives
than does
any
other
federal program.
While they
help many,
they
2025
Presidential Transition
Project
operate as
runaway entitlements that stifle medical innovation,
encourage fraud, and
impede
cost containment,
in
addition to
which
their fiscal
future is
in peril.
Both
programs should be managed so that the individuals enrolled
are empow- ered
to make
decisions
for themselves
and have
quality
options with
affordable prices
driven
by
competition and
innovation.
Providers
who
participate
should
retain (or
have
restored) the
freedom to
practice
medicine and
take care
of their
patients according to their patients’ unique needs.
Medicare.
Medicare should
be
reformed
according to
four goals
and
principles:
•
Increase
Medicare
beneficiaries’
control of
their
health care.
Patients are best positioned to determine the value of
health care services,
working
with their
health
care providers.
They also
benefit
from increased choice of doctors, hospitals, and insurance
plans. Access to reliable
information
with
respect to
physicians,
hospitals, and insurers
is therefore essential.
•
Reduce regulatory burdens on doctors.
Doctors must be free to
focus on treating
patients first,
not
entering codes
on
computers, and should
not be
tempted to change their
medical
judgment based
on
arbitrary or
illogical reimbursement
incentives.
•
Ensure
sustainability and value
for
beneficiaries and
taxpayers.
Prices are
best for
patients
when determined
by
economic value
rather than
political power
and when
they are
known in
advance of
the receipt
of services.
Government’s
use of
non-market-based methods to
determine reimbursement
leads
to
overspending on
low-value
services
and
products and
underpayment for high-value services and products, stifles
beneficial innovation,
and because
of
Medicare’s size
distorts
payments
throughout the
health
care
system.
Intermediate
entities
that
can
manage
financial
risk
and
ensure quality
of
care
are
important
in
transitioning
to
value-based
care within the
Medicare program.
•
Reduce waste, fraud, and abuse,
including through the use of artificial
intelligence
for their
detection.
Regulatory
Reforms. Medicare
regulations restrict choice of coverage and care.
The next Administration
should
reintroduce and
restore
regulations and
demonstrations from the
Trump Administration that were withdrawn, weakened,
or never
finalized by the
Biden
Administration,
including:
•
The
Medicare
Coverage of
Innovative
Technologies (MCIT)
rule;
Mandate for
Leadership: The Conservative
Promise
•
The
Risk
Adjustment Data
Validation
(RADV) rule;
•
The
Medicare
Advantage
Qualifying
Payment
Arrangement
Incentive
(MAQI) demonstration; and
•
The
Global
and
Professional
Direct Contracting
(GPDC,
rebranded
as
the
Accountable Care Organization Realizing Equity, Access,
and Community
Health
or ACO
REACH)
model.
Additionally,
regulations
should
advance
site
neutrality by
eliminating
the inpa-
tient-only
list and
expanding
the
ambulatory
surgical
center
covered
procedures list.
Medicare
generally
pays more
for
inpatient
hospital
procedures
and
less
for the
same
procedures
performed
in
an
outpatient
setting.
Whether
a
medical
ser-
vice
is
delivered
in a
physician’s
office,
a
clinic,
or
a
hospital
setting,
the
Medicare payment
for
that
service
should
be
the
same.
CMS
should
expand
the
application
of site-neutral payment
options to
more settings. Such
a policy
would level
the playing field among
providers and remove
the
financial
disabilities for medical
professionals who
would
compete with
hospital
systems.23
Finally,
HHS
needs
to
restore
and
enhance
conscience protection
regulations that
allow
medical
practitioners to
participate
in federal
health
care programs
without being
compelled
to provide
sex changes
or similar
services.
LEGISLATIVE
PROPOSALS
•
Remove
restrictions on physician-owned
hospitals.
The
Affordable
Care Act
(ACA)24
imposed
restrictions
prohibiting Medicare from
reimbursing
physician-owned
and specialty
hospitals. The current
restrictions do
little
more than
serve the
special
interests of large
hospital systems and undercut
consumer
choice of
high-quality, specialty care.
These
restrictions should
be
removed
so
that
physician-owned
hospitals
can compete
with other
hospitals
in serving
Medicare
patients.25
•
Encourage
more direct
competition between Medicare
Advantage and private plans.
Medicare Advantage (MA), a system of competing private
health
plans, is
the major
alternative
to traditional
Medicare
for America’s
large
and
growing
cohort
of
seniors.
The
program
provides
beneficiaries
with
a
wide
range
of
competitive
health
plan
choices—a
richer set
of benefits
than
traditional
Medicare provides
and at
a
reasonable cost. Equally as
important, the MA
program
has been
registering consistently high
marks for
superior
performance in delivering
high-quality care. Critical
reforms
are
still
needed
to
strengthen
and
improve
the
program
for the
future. Specifically:
2025 Presidential
Transition Project
1.
Make
Medicare
Advantage the
default
enrollment option.
2.
Give
beneficiaries
direct control
of
how they
spend
Medicare dollars.
3.
Remove
burdensome
policies that
micromanage
MA plans.
4.
Replace
the
complex
formula-based
payment
model
with
a
competitive
bidding model.
5.
Reconfigure the
current
risk adjustment
model.
6.
Remove
restrictions
on
key
benefits
and
services,
including
those
related to
prescription
drugs,
hospice
care,
and
medical
savings
account
plans.26
Legacy Medicare
Reform.
Legislation reforming legacy (non-MA) Medicare
should:
•
Base payments
on the
health
status of
the patient
or
intensity of
the
service rather than where the patient happens to receive
that service.
•
Replace the bureaucrat-driven fee-for-service system with
value- based
payments to
empower
patients to
find the care
that best
serves their needs.
•
Codify price
transparency
regulations.
•
Restructure 340B
drug
subsidies27
toward
beneficiaries
rather than hospitals.
•
Repeal harmful
health
policies enacted
under the
Obama and
Biden Administrations
such as
the
Medicare Shared
Savings
Program28
and Inflation Reduction Act.29
Medicare Part
D Reform.
The
Inflation Reduction Act
(IRA)
created a
drug price negotiation program
in
Medicare that
replaced
the existing
private-sector negotiations in Part D with government
price controls for prescription drugs. These government
price controls will limit access to medications and reduce
patient access to new medication.
This
“negotiation” program should
be
repealed, and
reforms in
Part D
that will have
meaningful impact for seniors should be pursued. Other
reforms should include
eliminating the
coverage
gap
in
Part
D,
reducing
the
government
share
in
Mandate for
Leadership: The Conservative
Promise
the
catastrophic tier,
and
requiring
manufacturers
to
bear a
larger share.
Until the
IRA
is
repealed, an
Administration
that
is
required
to
implement
it
must
do
so
in
a
way that is prudent with its authority, minimizing the
harmful effects of the law’s
policies
and
avoiding even
worse
unintended consequences.30
Medicaid.
Over the past 45
years, Medicaid and the health safety net have
evolved
into
a
cumbersome,
complicated,
and
unaffordable
burden
on
nearly
every
state. The program is
failing some of the most vulnerable patients; is a prime
target for
waste,
fraud,
and
abuse;
and
is
consuming
more
of
state
and
federal
budgets.
The dramatic
increase
in Medicaid
expenditures is due
in large
part to
the ACA
(Obamacare), which
mandates
that
states
must
expand
their
Medicaid
eligibility
standards
to
include
all
individuals
at
or
below
138
percent
of
the
federal
poverty
level (FPL),
and the
public
health emergency,
which has
prohibited
states from
performing basic eligibility reviews.
The overlap of
available benefits among
the
various health
agencies
has led to
a complex,
confusing
system that
is nearly
impossible to navigate—even
for recipients.
Recipients are often faced with a “welfare cliff” of benefit
losses as they earn
above a
certain
amount, which
is
contrary to
the fundamental purpose
of empowering
individuals to achieve economic independence. Benefits
increasingly involve nonmedical services such as air
conditioning and housing, many of which are
already
handled by
departments other than
HHS.
Improper
payments within Medicaid are higher than those of any other
federal program.
These
payments are
evidence
of the
inappropriateness of Medicaid’s
expansion, which,
stemming largely from public health emergency maintenance
of
effort
(MOE)
requirements
and
the
Affordable
Care
Act,
has
crowded
out
the primary
targets of
these
programs: those
who are
most in
need.
True
health care
reform cannot
be
accomplished
in
a
bureaucratic silo
or
only
through
Medicaid and
health safety
net
programs.
Reform of
the
tax
code is
also essential
to
genuine, effective
reform of
our
health
care system.
All
components of
the
health
care system
should be
part of
the
reform
efforts, and
it
is
imperative
that the system be modified to assist states with their current programs.
Therefore, the next
Administration should:
•
Reform financing.
Allow states to have a more flexible,
accountable, predictable,
transparent,
and
efficient
financing mechanism to
deliver medical services. This
system
should include
a more balanced or
blended match
rate,
block
grants,
aggregate
caps,
or
per
capita
caps.
Any
financial
system should
be designed
to
encourage and
incentivize
innovation and the efficient
delivery
of health
care
services. Federal
and state
financial participation
in
the
Medicaid
program should
be
rational,
predictable,
and
reasonable. It
should
also
incentivize
states
to
save
money
and
improve
the quality
of health care.
2025 Presidential
Transition Project
•
Direct dollars to beneficiaries more effectively and
responsibly.
The
current
funding
structure
for
the
Medicaid
program
rewards
expansions,
lacks
transparency, and promotes
financing
gimmicks. CMS
should:
1.
End state financing loopholes.
2.
Reform payments to hospitals for
uncompensated care.
3.
Replace
the
enhanced
match
rate
with
a
fairer
and
more
rational match rate.
4.
Restructure basic financing
and put
the
program on
a more
fiscally
predictable budget
(which
should
include
reform
of
Disproportionate
Share Hospital payments to hospitals).31
•
Strengthen program integrity.
Make program
integrity
a top
priority
and the
responsibility of
the states.
To protect
the
taxpayers’
investment:
1.
Incentivize states.
An enhanced contingency fee should be paid to
states that successfully increase
their
efforts to
decrease
waste, fraud, and
abuse. The
current
system’s IT
development
90/10
matching rate
should
be
allowed
for improvements
in
states’
current
fraud
and
abuse
and
eligibility systems.
Innovative
programs
that
show
a
positive
return on
investment for both
the state
and federal
governments should be allowed
without the
onerous
waiver process.
2.
Improve Medicaid
eligibility
standards to
protect
those in
need.
As
Medicaid
enrollment
continues
to
climb,
it
is
imperative
that
there
are appropriate and accurate
eligibility standards to
ensure that
the program remains focused
on serving
those who
are in
need. To
this end, CMS should:
a.
Hold
states accountable
for
improper eligibility
determinations.
b.
Require
more robust
eligibility
determinations.
c.
Strengthen asset
test
determinations within
Medicaid.32
3.
Conduct
oversight
and
reform
of
managed
care.33
•
Incentivize personal responsibility.
CMS should allow states to ensure that
Medicaid
recipients have
a stake
in their
personal
health care
and a
say
in decisions
related
to
the
Medicaid
program.
Personal
responsibility
Mandate for
Leadership: The Conservative
Promise
and
consumer choice
for
Medicaid
recipients must
go
together
as
standard components
of the
safety net,
especially
for able-bodied
recipients.
Medicaid
recipients,
like the
rest of
Americans, should be
given both
the freedom
to
choose
their
health
plans
and
the
responsibility to
contribute
to their
health
care costs
at a
level that
is
appropriate to protect
the
taxpayer.
•
Add
work
requirements and
match
Medicaid benefits
to
beneficiary needs.
Because Medicaid
serves
a broad
and
diverse group
of
individuals, it
should be flexible
enough to
accommodate different designs
for
different groups. For
example,
CMS
should
launch
a
robust
“personal
option”
to
allow
families
to use
Medicaid
dollars
to
secure
coverage
outside
of
the
Medicaid
program. CMS should also:
1.
Clarify
that
states
have
the
ability
to
adopt
work
incentives
for
able-
bodied
individuals (similar to
what is
required
in other
welfare programs) and the
ability to
broaden
the application
of
targeted premiums
and cost sharing
to
higher-income
enrollees.
2.
Add
targeted
time
limits
or
lifetime
caps
on
benefits
to
disincentivize
permanent
dependence.34
•
Allow private
health
insurance.
Congress should allow states the option of
contributing
to a
private
insurance benefit
for all
members of
the family in
a
flexible
account
that
rewards
healthy
behaviors.
This
reform
should
also allow
catastrophic coverage combined
with an
account
similar to
a health
savings account
(HSA)
for
the
direct
purchase
of
health
care
and
payment
of cost
sharing for most of the population.
•
Increase flexible benefit redesign without waivers.
CMS should
add
flexibility
to
eliminate
obsolete
mandatory
and
optional
benefit
requirements
and, for
able-bodied
recipients, eliminate benefit
mandates that exceed those
in the
private
market. This
should
include
flexibility to
redesign
eligibility,
financing,
and
service
delivery
of
long-term
care
to
serve the
most
vulnerable
and truly
needy
and
eliminate
middle-income
to
upper-
income Medicaid recipients.
•
Eliminate current waiver and state plan processes.
CMS should
allow
providers
to
make
payment
reforms
without
cumbersome
waivers
or state
plan
amendment
processes where possible.
More
broadly, the
federal
government’s role
should be
oversight on
broad indicators
like cost
effectiveness
and health
measures
like quality,
health
improvement, and
2025 Presidential
Transition Project
wellness
and
should
give the
balance of
responsibility
for
Medicaid program
management
to states.
This reform
would
include adding
Section
111535
waiver
requirements
in some
cases (such
as imposing
work
requirements for
able-bodied
adults) while
rescinding
requirements in others
(such as
non–health care benefits and services related to climate
change).
AFFORDABLE
CARE ACT
AND PRIVATE
HEALTH
INSURANCE
•
Remove barriers
to direct
primary
care.
Direct primary
care (DPC)
is an
innovative
health care
delivery
model in
which
doctors contract
directly
with
patients
for
their
care
on
a
subscription
basis
regardless
of
how
or
where
the
care
is
provided.
The DPC
model
is
improving
patient
access,
driving higher
quality and
lower cost,
and
strengthening
the
doctor– patient
relationship.
DPC has
faced many
challenges
from government
policymakers,
including overly
exuberant
attempts at
regulation
and misclassification.
Changes
should
clarify
that
DPC’s
fixed
fee
for
care
does not
constitute insurance in
the
context of
health
savings accounts.36
•
Revisit the
No
Surprises Act
on surprise medical
billing.
The No
Surprises Act37
protected
consumers
against balance
bills, but
it also
established
a
deeply
flawed
system
for
resolving
payment
disputes
between
insurers and
providers. This
government-mandated
dispute
resolution process
has
sown
confusion
among
arbiters
and
regulators
as
judges
have sought
to
ascertain its
meaning.
The No
Surprises
Act should
scrap the
dispute resolution
process in
favor of
a
truth-in-advertising
approach
that
will
protect consumers
and free
doctors,
insurers, and arbiters
from confused
and
conflicting
standards
for
resolving
disputes
that
the
disputing
parties can best resolve themselves.38
•
Facilitate
the
development of
shared
savings and
reference
pricing plan options.
Under traditional insurance,
patients who choose lower-
cost
care
do
not
benefit
financially
from
that
choice.
Barriers
to
rewarding
patients
for
cost-saving
decisions
should
be
removed.
CMS
should
ensure
that shared
savings
and
reference
pricing
models
that
reward
consumers
are permitted.
•
Separate
the
subsidized ACA
exchange
market from
the non-
subsidized insurance market.
The Affordable Care Act has made
insurance
more
expensive
and
less
competitive,
and
the
ACA
subsidy
scheme simply
masks
these
impacts.
To
make
health
insurance
coverage
more affordable
for
those
who
are
without
government
subsidies,
CMS should
develop
a
plan
to
separate
the non-subsidized
insurance
market
Mandate for
Leadership: The Conservative
Promise
from
the
subsidized
market, giving
the
non-subsidized
market regulatory
relief
from the
costly ACA
regulatory
mandates.39
•
Strengthen
hospital price
transparency.
In
2020, CMS
completed
its
rule
to
require
hospitals
to
post
the
prices
of
common
hospital
procedures.40 Future
updates of
these rules
should
focus on
including
quality measures.
Combined
with the
shared
savings
models
and
other
consumer
tools,
these
efforts could
deliver
considerable
savings for
consumers.41
Center for
Consumer
Information and
Insurance
Oversight (CCHO).
CMS
also
plays an
outsized role
in
overseeing
the
Obamacare
exchanges, includ-
ing
managing
Healthcare.gov,
through
the
Center
for
Consumer
Information and
Insurance
Oversight
(CCIIO). While
Obamacare
limits plan
options,
CCIIO has
been
overly
prescriptive
in
dictating
what
benefits
and
types
of
health
plans
may
participate in
the
exchanges,
thereby
actually
stifling
market
innovation
and
driv- ing
up costs.
Congress
should build
on
the
Trump
Administration’s
efforts to
expand choices for
small businesses
and
workers,
both in
and
out
of
the
exchanges, by
codifying an
expansion
of
association health plans,
short-term health plans,
and health
reim- bursement
arrangements
(including individual
coverage
HRAs).
CCIIO
should also work
with the
Treasury
Department and
the Office
of
Management and
Budget (OMB)
to give consumers
more
flexibility with
their
health care
dollars
through expanded access to
health
savings accounts.
EMERGENCY
PREPAREDNESS
•
Expand the scope of practice of low-complexity and
moderate-
complexity clinical laboratories.
During the COVID-19
pandemic,
allowing
laboratories
greater
regulatory
flexibility
regarding CLIA
requirements
increased
access
to
testing.
However,
the
need
for
regulatory
flexibility is
not limited
to
emergency
situations. Ongoing innovations
in
medical
care will
continue
to drive
demand for
clinical
testing and new
tests. One
way that
increasing
demand for
other
medical services
has been
accommodated is by
revising
restrictions on
scope of
practice to enable providers
to practice
at the
so-called
top of their license.
CMS should
similarly
revise
CLIA
rules
regarding
scope
of
practice
for
clinical
laboratories and testing personnel.42
•
Create CLIA-certification-equivalent pathways for
non-clinical
laboratories and researchers.
The COVID-19
pandemic
revealed that
the U.S.
needs to
leverage
the expertise
of
non-clinical
laboratories and researchers
in
order
to
bolster
clinical
testing
capacity.
To
accomplish
this,
2025 Presidential
Transition Project
CMS
should create
pathways for
granting non-clinical
laboratories and
their testing
personnel
CLIA certification
equivalency. Non-clinical
researchers already
demonstrate
their
technical
expertise through
online
training and
certification
programs.
CMS
should
build
on
that
existing
framework
so
that those
laboratories and personnel
can
similarly
demonstrate their clinical
testing
capabilities.43
LIFE,
CONSCIENCE,
AND BODILY
INTEGRITY
•
Prohibit abortion travel funding.
Providing funding for abortions
increases
the number
of
abortions
and
violates
the
conscience
and
religious freedom
rights
of
Americans
who object
to
subsidizing
the
taking
of
life.
The Hyde
Amendment44
has long
prohibited
the use
of HHS
funds for
elective abortions, but an
August 2022
Biden
executive order45
pressed the
HHS Secretary
to use his
authority under Section
1115
demonstrations to
waive certain
provisions
of the
law in
order to
use
taxpayer funds
to achieve
the Administration’s
goal of
helping
women to
travel out
of state
to obtain
abortions.
Moreover, the
Department
of Justice
Office of
Legal
Counsel (DOJ OLC) issued
a
politicized legal
opinion
declaring, for
the first
time in
the history
of Hyde,
that this
action did
not violate
the Hyde
Amendment and that Hyde
applies
only to
the
performance of
the
abortion itself
in violation
of the
plainly
broad language
that
Congress used.
Two
of the
first
actions of
a pro-life Administration
should be
for HHS
to
withdraw
the
Medicaid
guidance
(and
any
Section
1115
waivers
issued
thereunder)
and
for
DOJ
OLC
to
withdraw
and
disavow
its
interpretation
of the Hyde Amendment.
•
Prohibit Planned
Parenthood
from receiving
Medicaid
funds.
During
the
2020–2021
reporting
period,
Planned
Parenthood
performed
more
than
383,000 abortions.46
The national
organization reported more than $133
million
in
excess
revenue47 and
more
than
$2.1
billion
in
net
assets.48 During
this
same
year,
Planned
Parenthood
reports
that
its
affiliates
received
more
than $633
million in
government
funding and
more than
$579
million in private
contributions.49
Planned
Parenthood
affiliates face accusations
of waste, abuse and
potential
fraud with
taxpayer
dollars, failure
to report
the
sexual abuse
of
minor
girls, and
allegations of
profiting from
the
sale
of organs from aborted
babies.
Policymakers
should end
taxpayer funding
of
Planned
Parenthood and
all
other
abortion providers
and
redirect
funding to
health centers
that
provide
real health
care for
women. The
bulk of
federal funding
for
Planned
Mandate for
Leadership: The Conservative
Promise
Parenthood
comes through
the
Medicaid
program. HHS
should take
two actions to limit
this funding:
1.
Issue
guidance
reemphasizing
that
states
are
free
to
defund
Planned
Parenthood in their state Medicaid plans.
2.
Propose
rulemaking
to
interpret
the
Medicaid
statute
to
disqualify
providers of
elective
abortion from
the
Medicaid program.
Congress
should pass
the
Protecting
Life and
Taxpayers Act,50 which would
accomplish the
goal of
defunding abortion
providers such
as Planned
Parenthood.
CMS
should resolve
pending Section
1115 waivers
from Idaho,
South Carolina,
and
Tennessee,
which, like
Texas in
January 2022,
are
seeking
both to
prohibit abortion
providers
from participating
in
state-run
Medicaid programs
and
to
work
with
other states
to
do
the
same.
Abortion is
not
health
care, and
states
should
be
free
to
devise
and
implement
programs that
prioritize qualified
providers
that are
not
entangled
with the
abortion industry.
•
Withdraw Medicaid funds for states that require abortion
insurance
or that discriminate in violation of the
Weldon Amendment.
The
Weldon Amendment51
declares that
no HHS
funding may
go to
a state
or
local
government that discriminates
against
pro-life health
entities or
insurers.
In blatant
violation
of
this
law,
seven
states
require
abortion coverage
in
private
health
insurance
plans, and
HHS
continues
to
fund those
states.
HHS under
President Trump disallowed
$200
million in
Medicaid
funding from
California because
of
the
state’s flouting
of
the
law, but the Biden
Administration restored it.
HHS/CMS
should withdraw
appropriated funding,
up
to
and
including
10 percent
of
Medicaid funds,
from
states that
require
abortion
insurance coverage.
DOJ should
commit to
litigating
the defense
of those
funding decisions promptly to
the
Supreme Court
in order
to
maximize HHS’s
ability
to
withdraw
funds
from
entities
that
violate
the
Weldon
Amendment.
Additionally,
California
has announced
that it will discriminate
against pharmacies that do
not carry
chemical
abortion drugs
outside
of
California. California’s
discrimination
takes the
form of
cutting
state contracts
with such
pharmacies
and clearly
violates
the
Weldon
Amendment.
The
violation
should likewise
face the
penalties
discussed above.
2025 Presidential
Transition Project
•
Rewrite the
ACA
abortion separate
payment
regulation.
Section
1303
of
Obamacare requires
that
insurers collect
a separate
payment for
certain abortion coverage in
qualified
health plans
that are
approved to
be sold on
exchanges
and that
they
keep
those
separate
payments
in
separate
accounts
that are
used only
to pay
for
elective abortion
services.
Neither the
letter nor
the spirit
of
the
law
was
enforced
under
President
Obama,
and
a
Trump- era
regulation
sought to
correct
this problem.
The Biden
HHS
rescinded this
regulation to
allow
insurance companies once
again—contrary to
the
law—to
collect combined
payments
for what
are clearly
required to
be separate
payments
for
elective
abortion
coverage.
“Separate”
does
not mean
“together.”
HHS
should reinstate
a
Trump
Administration
regulation
and
enforce
what the
plain text
of Section
1303
requires. That
regulation
should be
further improved by requiring
CMS to
ensure that
consumers
pay truly
separate charges for abortion coverage.
•
Audit Hyde Amendment compliance.
HHS should undertake a full audit
to
determine
compliance
or
noncompliance
with
the
Hyde
amendment
and similar
funding
restrictions in
HHS
programs. This
audit
should include
a full
review of
the Biden
Administration’s post-Dobbs
executive actions to
promote
abortion.
It should
also
encompass
a
review
of
Medicaid
managed
care plans in pro-abortion states.
•
Reverse distorted pro-abortion “interpretations” added to
the Emergency Medical Treatment and Active Labor Act.
The Emergency
Medical
Treatment and
Active
Labor Act
(EMTALA)52
prohibits
hospitals that receive Medicare
funds from
“dumping”
emergency patients
who cannot pay by
sending
them to
other
hospitals. It
also
mandates that
hospitals
stabilize
pregnant
women
and
explicitly
protects
unborn
children.
Hospitals
or
physicians
found to
be
in
violation of
the
statute
could lose
all
of
their federal
health
funding—Medicare,
Medicaid, CHIP,
and
other funds—and
face civil
penalties
of up
to nearly
$120,000.
In
July 2022,
HHS/CMS
released guidance
mandating
that EMTALA-
covered hospitals and
the
physicians who
work there
must
perform abortions,
to
include
completing
chemical
abortions
even
when
the
child might
still
be
alive.
The
guidance
also declared
that
EMTALA
would
protect
physicians and hospitals
that
perform abortions in violation
of state
law
if
they
deem
those
abortions
necessary
to
stabilize
the
women’s
health.
This novel
interpretation
of
EMTALA is
baseless. EMTALA
requires
Mandate for
Leadership: The Conservative
Promise
no
abortions, preempts
no
pro-life
state laws,
and
explicitly
requires stabilization
of the unborn child.
HHS
should
rescind the
guidance
and end
CMS and
state
agency investigations into
cases
of
alleged
refusals
to
perform
abortions.
DOJ should
agree to
eliminate
existing
injunctions
against pro-life
states, withdraw
its enforcement
lawsuits,
and
in
lawsuits
against
CMS
on
the
guidance agree
to
injunctions against CMS
and
withdraw appeals
of injunctions.
•
Reissue
a stronger
transgender national coverage
determination.
CMS
should
repromulgate its
2016
decision that
CMS could
not issue
a National Coverage
Determination
(NCD)
regarding
“gender
reassignment
surgery”
for
Medicare
beneficiaries.
In
doing
so,
CMS
should
acknowledge
the growing
body of
evidence
that such
interventions are dangerous
and acknowledge that there
is
insufficient
scientific evidence to
support
such coverage in state plans.
•
Enforce EMTALA.
The
undeniable reality
of abortion
is that
it does
do not
always result
in a
dead baby,
and these
born-alive
babies are
left to
die.
HHS should
use EMTALA
and Section
504 of the Rehabilitation
Act,53
which
prohibits
disability discrimination,
to
investigate
instances of
infants born
alive and
left
untreated in
covered
hospitals. CMS, OCR,
and OIG
should be required to
follow
through on
these
investigations with specific
enforcement
actions.
HHS
should revive
a
Trump
Administration
proposed
regulation,
“Special Responsibilities of Medicare Hospitals in Emergency Cases and
Discrimination
on the
Basis of
Disability
in Critical
Health and
Human
Service
Programs or
Activities,”54 to
achieve
this end.
In
addition,
Congress
should
pass
the
Born-Alive Abortion
Survivors Protection
Act55 to
require that
proper
medical care
be given to
infants who
survive an
abortion
and
to
establish
criminal consequences
for
practitioners
who
fail
to provide such care.
•
Permanently codify both the Hyde family of amendments and
the protections
provided by the Weldon Amendment.
Congress can
accomplish
this through
legislation
such
as
the
No
Taxpayer
Funding
for
Abortion and
Abortion
Insurance Full Disclosure
Act56
(Hyde) and
the Conscience
Protection
Act57
(Weldon).
2025 Presidential
Transition Project
Radical Redefinition of Sex.
On
August 4,
2022, HHS
published a
proposed rule
entitled
“Nondiscrimination
in
Health
Programs
and
Activities.”58 This
rule
addresses
nondiscrimination provisions of
the
Affordable Care
Act, known
as Section
1557,
which
is
enforced
by
the
Office
for
Civil
Rights
and
the
Centers
for
Medicare
and
Medicaid
Services. Section
1557
prohibits
discrimination
on
the
basis
of race, color, national origin, age, disability, and sex in covered
health programs or
activities.
Under
the
proposed
rule, sex
is
redefined:
“Discrimination
on
the
basis
of
sex
includes,
but
is
not
limited
to,
discrimination
on
the
basis of
sex
stereotypes;
sex characteristics,
including
intersex traits;
pregnancy or
related conditions;
sexual orientation;
and gender
identity.”59
In
other
words, the
department
proposes to
interpret
Section
1557
as
if
it
created
special
privileges
for
new
classes
of
people,
defined in
ways that
are highly
ideological and unscientific.
The redefinition of sex to cover
gender identity and sexual orientation and
pregnancy
to
cover
abortion
should be
reversed
in
all
HHS
and
CMS
programs
as
was
done
under
the
Trump
Administration. This
includes
the
Children’s
Health
Insurance Program (CHIP).
Low-income families who rely on CHIP should not be
coerced,
pressured,
or
otherwise
encouraged
to
embrace
this
ideologically
moti- vated
sexualization of their children.
However,
while the
Biden
Administration’s
Section 1557
regulation should
be altered
and
corrected, the
lactation
room requirements
added in
the regulation should
either
be
consistently
included
in
any
upcoming
Section
1557
rulemaking
or be proposed in
a new
individual rule.
COVID-19
Vaccination and Mask Requirements.
Health care workers were praised
for their
self-sacrifice
in caring
for sick
patients
at the beginning of
the COVID-19
pandemic,
but
then
they
were
fired
if
they
objected
to
receiving
COVID-
19 vaccines
with
or
without
complying
with
onerous
masking
requirements
and
regardless
of whether
they
already
had
the
virus
and had
gained
natural
immunity. With the disease
being
endemic and
constantly
mutating, vaccines
and univer-
sal masking in
health
care facilities
do not
have
appreciable
benefits in
reducing COVID-19 transmission throughout the
community. Moreover, more recent
COVID
strains
pose fewer
health
risks
than
the
earlier
strains,
and
the
pandemic
has been
declared
to be at an
end. CMS
should:
•
Announce
nonenforcement of the Biden Administration’s COVID-19
vaccination
mandate on
Medicaid
and Medicare
hospitals.
•
Revoke
corresponding
guidance and
regulations.
•
Refrain
from
imposing
general
COVID-19
mask
mandates
on
health
care
facilities or personnel.
Mandate for
Leadership: The Conservative
Promise
•
Pay
damages
to
all
medical
professionals
who
were
dismissed
directly
because of the CMS vaccine mandate.
ADMINISTRATION
FOR
CHILDREN
AND
FAMILIES
(ACF)
TANF.
The
Temporary
Assistance for
Needy
Families (TANF)
program is
a federal block
grant
that
gives
states
significant
flexibility
to
fund
a
broad
array
of programs
aimed at
helping
low-income families break
the cycle
of poverty
and achieve economic
self-sufficiency.
States use
TANF to
fund
monthly cash
assis- tance
payments
to low-income
families
with children
as well
as a
wide range
of services that
include work activities, work supports and supportive
services, child-
care,
administration and
systems,
tax
credits,
pre-K/Head
Start,
child
welfare,
and other
services.
The TANF
program serves 1.8 million individuals. Since 1996, when the
program
was
reformed,
federal TANF
outlays have
been $16.5
billion. The
state match
is
$14.9
billion,
bringing the
total state
and
federal
TANF investment
to
$31.4
billion. The
TANF
statute requires
that states
engage 50
percent of
single-parent
fam- ilies
in
work
for
at
least
30
hours
a
week
(20
hours
a
week
for
single
parents
with
children under
age six,
though
states have
the option
to waive
the
requirement for
families with children
under the
age of
six, and
most do).
States
also have
90 percent
work
requirements
for
two-parent
families
to
engage
in
work
for
35
hours
per
week.
Because
of the
“Caseload
Reduction
Credit,”
states’
work
engagement
targets are
reduced
if
their
assistance
caseloads
have
fallen
since
2005.
As
a
result,
21
states
had
a
work
engagement target
of
zero
percent in
2017.
Generally,
states
apply their
work
requirement only to
beneficiaries receiv- ing basic
assistance, who account
for 22.3
percent of
TANF outlays. The
Trump
Administration proposed a Supplemental Nutrition Assistance
Program (SNAP)
rule to
“increase
program integrity
and
reduce
fraud,
waste, and
abuse”
that
would
have
prevented
an individual
from
qualifying
for
SNAP
simply
because
he
or
she
received
a pamphlet
from
the
TANF
program.60 This
rule
defined
non-cash benefits
as
those that
are worth
at least
$50 a
month and
received
for at
least six
months. The
tenets
of
this
rule
should
be
applied
to
the
TANF
program
as
well.
This
defi-
nitional change would
apply the TANF work requirements to any noncash benefit
worth $50
a month
and
received for
six
consecutive months.
To increase
transparency, HHS should clarify how states, in their
quarterly and
annual
reports,
ought
to
track and
audit the
outcomes from
how
they
spend TANF
funds
to meet
the TANF
program’s
four statutory
purposes.
Additionally,
TANF
priorities are
not
implemented in an
equally
weighted way.
Marriage,
healthy
family
formation,
and
delaying
sex
to
prevent
pregnancy
are virtually
ignored in
terms of
priorities,
yet these
goals can
reverse
the cycle of
poverty in meaningful ways. CMS should require explicit
measurement of these
goals.
2025 Presidential
Transition Project
Teen Pregnancy Prevention (TPP) and Personal Responsibility Educa- tion Program (PREP). TPP is operated by the Office of Population Affairs in the Office of the Assistant Secretary for Health; PREP is operated by the ACF Office of Planning, Research, and Evaluation. Both programs should ensure that there is better reporting of subgrantees and referral lists so that they do not promote abortion or high-risk sexual behavior among adolescents. CMS should ensure that Sexual Risk Avoidance (SRA) proponents receive these grants and are given every opportunity to