The Demise of the Build Back Better and the Hope for Telehealth

It started out as a $4 trillion infrastructure package; but nearly a year and a half later, Biden’s Build Back Better initiative is now a $40 billion healthcare bill.

The whittling down of the package was mostly the work of one senator, Democrat Joe Manchin of West Virginia. Manchin has successfully hacked away at the package for 16 months now, and two weeks ago, Manchin made clear that he would not support the clean energy and tax provisions of the package, because he thought they would add to inflation. Manchin did say he would tentatively support the provisions intended to lower prescription drug prices and extend the Affordable Care Act (ACA) exchange subsidies.

President Biden has signaled to Senate Democrats that they should take Manchin’s deal. As for the climate and clean energy provisions of the original Build Back Better, Biden said that he would work through executive action and federal agencies and see what he could do.

So now the package that the Senate hopes to bring to the floor before September will allow Medicare to negotiate lower drug prices, which would be a big win, and will extend the ACA exchange subsidies (expected to expire at the end of this year) for two more years.  

The Congressional Budget Office, or CBO, estimates that if the ACA exchange subsidies are not extended, 2.2 million individuals a year would go without health insurance. On the flip side, the CBO calculated that if the subsidies are extended, the cost to the government would be an increase in the deficit of nearly $250 billion over the course of 10 years.

Talking about the ACA exchange, premiums for the ACA exchanges are expected to go up an average of 10percent in 2023, according to a recent Kaiser Family Foundation survey of insurer filings. Insurers attributed the rise in premiums to increasing medical costs, caused by the growth in the prices themselves, inflation and an expected post-pandemic bump in utilization. A few insurers indicated that if the ACA subsidies are not extended, that too would add to the premium increase.

In other news, the administration has extended the COVID-19 public health emergency (PHE) through Oct. 13. This is the 10th time the PHE has been extended. As we’ve discussed on this show many times, the PHE includes flexibilities on Medicaid eligibility, telehealth and reporting deadlines.

Just so we’re keeping track, the PHE telehealth waivers actually get an additional 151 days—or about five months—after the end of the PHE before they expire. This further extension was meant to give Congress some time to think about whether to keep the waivers.

In an uncharacteristic move, however, Congress looks like it’s not going to wait until the night before to do its homework, and will start working on telehealth early. The House plans to vote on a telehealth bill this week that would extend some of those waivers. We’ll be following that story over the next few weeks.

One last story: If it feels like there’s a lot of healthcare regulations coming down the pike, you’ll be happy to know that the statistics back that feeling up. On the website of the U.S. Office of Management and Budget (OMB), there’s a graph that breaks down all the regulations that are in their final stage of review before being published.

According to the graph, there are currently 32 regulations coming out of the Department of Health and Human Services, HHS. That’s more than the Department of Labor, Justice, Education, Commerce, the Department of Defense, the Department of Energy, and Homeland Security combined.

So, it’s not you, readers. It’s them.

Facebook
Twitter
LinkedIn

Matthew Albright

Matthew Albright is the chief legislative affairs officer at Zelis Healthcare. Previously, Albright was senior manager at CAQH CORE, and earlier, he was the acting deputy director of the Office of E-Health and Services for the Centers for Medicare & Medicaid Services.

Related Stories

Where is the OCR?

The articles describe a significant 2026 dispute over the misuse of health information exchanged by asserting a treatment purpose through Carequality. (Raths) The core allegation

Read More

Leave a Reply

Please log in to your account to comment on this article.

Featured Webcasts

AI, Audits, and the Future of the Revenue Cycle

Artificial intelligence is rapidly transforming healthcare revenue cycle operations, from coding and auditing to compliance and denials. Join industry leaders Pam Warren (MaineHealth) and Raemarie Jimenez (AAPC) for a live fireside chat exploring how AI is changing workflows, workforce roles, payer-provider dynamics, and compliance risk—and what organizations should be doing now to prepare.

June 17, 2026

Trending News

Featured Webcasts

CMS CRUSH: What You Need to Know About the Next Wave of Program Integrity and Payment Oversight

CMS CRUSH (Comprehensive Regulations to Uncover Suspicious Healthcare) signals a new era of data-driven program integrity oversight that extends far beyond coding and CDI. As federal scrutiny of claims, documentation, billing practices, provider enrollment, and payment accuracy intensifies, healthcare organizations must be prepared to identify and address vulnerabilities before they result in audits, denials, repayments, or enforcement actions. Join us for this timely webcast to learn what CMS CRUSH could mean for your organization and discover practical strategies to strengthen documentation, claims integrity, compliance readiness, and reimbursement defensibility.

July 14, 2026

Ask Dr. Hirsch: Clarifying Medicare’s Most Misunderstood Rules – Part 2

Medicare regulations are complex and even seasoned professionals struggle to apply them consistently. Due to overwhelming demand, Dr. Hirsch returns for Part 2 of Ask Dr. Hirsch: Clarifying Medicare’s Most Misunderstood Rules to answer even more of Medicare’s most misunderstood questions, covering inpatient status, observation, SNF access, Medicare Advantage denials, and more. Join Dr. Hirsch as he provides clear, referenced answers to real-world questions submitted by your peers, helping you navigate Medicare compliance with confidence and clarity.

June 18, 2026

Reengineering Utilization Management: Building an Adaptive Model for the New Payer Era

Traditional utilization management models can no longer keep pace with regulatory shifts, payer scrutiny, and operational pressures. In this webcast, Tiffany Ferguson, LMSW, CMAC, ACM, ACPA-C, introduces an Adaptive Model strategy that modernizes UM through role specialization, technology-driven workflows, and proactive, team-based processes. Attendees will learn how to restructure programs to improve efficiency, strengthen clinical collaboration, and enhance financial performance in a rapidly changing healthcare environment.

May 20, 2026

Compliance for the Inpatient Psychiatric Facility (IPF-PPS): Minimizing Federal Audit Findings by Strengthening Best Practices

Federal auditors are intensifying their focus on inpatient psychiatric facilities, using advanced data analytics to spotlight outliers and pursue high‑dollar repayments. In this high‑impact webcast, Michael Calahan, PA, MBA, Compliance Officer and V.P., Hospital & Physician Compliance, breaks down what regulators are really targeting in IPF-PPS admissions, documentation, treatment and discharge planning. Attendees will learn practical steps to tighten processes, avoid common audit triggers and protect reimbursement and reduce the risk of multimillion-dollar repayment demands.

April 9, 2026

Trending News

Celebrate Lab Week with MedLearn! Sign up to win one year of our Laboratory All Access Pass! Click here to learn more →

Have a Medicare regulation question you’d love Dr. Hirsch to answer? Now is your chance! CLICK HERE to learn more→

Happy National Doctor’s Day! Learn how to get a complimentary webcast on ‘Decoding Social Admissions’ as a token of our heartfelt appreciation! Click here to learn more →

This Memorial Day, we honor those who gave all for our freedom. Take 20% off sitewide through May 29 with code MEMORIAL26 at checkout

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 1 with code CYBER25

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 2 with code CYBER24