The Midterms and Medicaid: Oversight, Repair and What Doesn’t Change Immediately
Authors: Nick Bath, Gayle Mauser and Allison OrrisEditors: Patti Boozang and Amanda EisenbergThis episode of The 80 Million Podcast is hosted by Patti Boozang, Manatt Health Senior Managing Director and 80 Million editor. She is joined by her Manatt Health colleagues, partners Nick Bath and Allison Orris and director Gayle Mauser, to discuss what the midterm results mean for federal health policy and the future of the 2025 reconciliation law.tl;dr* Democrats’ midterm victories on Nov. 3, which spanned the Senate, House of Representatives and governor’s offices, reflect a mandate to address health care affordability— but not necessarily a unified policy agenda.* Repealing or modifying the 2025 reconciliation law will likely be an early priority, potentially through budget reconciliation, but any bill that passes is almost certain to be met with a presidential veto.* States can’t count on Congress for near-term relief. Medicaid work reporting requirements and more frequent eligibility redeterminations will still take effect on Jan. 1, 2027, and the administration retains powerful regulatory tools to continue advancing its health policy agenda.* For the first time since 2010, most governors will be Democrats, potentially signaling greater action and innovation on health care policy at the state level. Those states with new Democratic trifectas may be able to soften the law’s impact, but even they will be limited by the constraints of federal laws that will not change in the near-term. Governors facing divided state legislatures may turn more heavily to executive and waiver authorities.The 80 Million ImpactThe midterm elections shifted power in Washington, but they didn’t change the reality facing Medicaid. The 2025 reconciliation law remains in effect, the Trump administration still controls the executive branch and states are weeks away from implementing the law’s biggest coverage provisions.For Democrats, the results represent a significant political victory, but it’s a tactical win rather than a mandate to deliver a particular health care agenda. The challenge for Democrats now is turning voter frustration about growing barriers to accessing and affording health care into a health care platform — while balancing demands for oversight and the ability to govern. The next few months will begin with organizing the new Congress and reshaping key committees, including Energy and Commerce, Ways and Means, Education and Workforce, and Senate Finance. Hearings and legislative markups are expected to pick up around February, although House leadership may move sooner on messaging bills to repeal the 2025 reconciliation law’s health care cuts and extend the Affordable Care Act (ACA)’s enhanced premium tax credits.Repealing or reversing portions of the 2025 reconciliation law, particularly its Medicaid provisions, is likely to be a central priority for the incoming Congress. Budget reconciliation could offer a legislative vehicle to do this without needing bipartisan support in the Senate, but Democrats first need to agree on priorities and establish a budget resolution with instructions for committees. Even if they move quickly, President Trump retains veto authority.Indeed, the Trump administration retains significant authority to continue to shape Medicaid through executive action, including regulations and Section 1115 waiver decisions. The Centers for Medicare & Medicaid Services (CMS) is expected to prioritize finalizing rules on provider taxes and state-directed payments, as well as new Section 1115 budget neutrality rules. These policies will further impact how states finance and manage their Medicaid programs, posing constraints on new state leadership considering state-level reforms.Program integrity will also remain a focus. The administration’s actions to siphon Medicaid funding in targeted states based on claims of fraud, waste, and abuse could accelerate. Increased Congressional oversight is likely to scrutinize these actions, but it won’t necessarily stop the administration from pursuing them.For states, the 2025 reconciliation law still requires them to implement work reporting requirements, more frequent eligibility redeterminations and other eligibility changes by Jan. 1, 2027. The potential for ongoing appeals of the recent Massachusetts v. Oz decision, which vacated a provision of the federal work requirement rule, adds another layer of uncertainty. States must reconcile the ruling and potential appeals with implementation plans already underway.Simply put, the timelines for Congressional action and state implementation don’t align.States Have Different Paths ForwardDemocrats will hold a majority of governorships for the first time in 16 years, with victories in Georgia, Iowa, Nevada, Ohio and Texas, but the legislative makeup in their states will dictate how much change incoming governors can drive.States with Democratic trifectas will have greater flexibility to pursue coverage protections, affordability initiatives, and potentially soften the effects of the 2025 reconciliation law. Wisconsin is one state to watch, given the change in its legislature and the governor’s interest in implementing a public health insurance option. Other incoming Democratic governors will need to negotiate with one or more legislative chambers held by Republicans, which could limit their ability to advance bold reforms legislatively, while potentially increasing the importance of executive action and federal waiver authority. Republican-led states may move in the opposite direction, pursuing additional policies that make Medicaid coverage harder to access and maintain.The Bottom LineThe midterms created new opportunities for Democrats to challenge the 2025 reconciliation law but not immediate relief to Medicaid programs or the people who rely on them. Congress will need time to organize and develop a legislative strategy, while the administration retains powerful regulatory and administrative tools. Meanwhile, states must continue implementing provisions under the 2025 reconciliation law amid legal uncertainty and leadership transitions.Looking toward 2028, the broader question is whether Democrats can turn their electoral mandate into a durable health care agenda that addresses affordability, coverage and costs across the system. States may play an important role in that effort, particularly as they look for new approaches to cost containment and coverage within the narrower policy and financing options left by the 2025 reconciliation law.Listen to the full episode of The 80 Million Podcast to hear what the midterm results mean for the 2025 reconciliation law, how states should prepare for Jan. 1, 2027, implementation, and what to expect from Congress and the Trump administration. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit 80million.substack.com