RFK Jr. confirmed as HHS secretary: 10 takeaways for ASCs 

Robert F. Kennedy Jr. has been confirmed as HHS secretary following a 52-48 Senate vote.

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His responsibilities will include overseeing HHS agencies and programs with a nearly $2 trillion budget, including the CDC, CMS, FDA, and National Institutes of Health.

Here are 10 key things ASCs should know about his confirmation and its potential impact:

1. Mr. Kennedy was confirmed after a narrow 14-13 vote in the Senate Finance Committee on Feb. 4, with approval largely split along party lines. His confirmation followed two hearings on Jan. 29 and 30, after being nominated by President Donald Trump on Nov. 14.

2. During the hearings, he faced tough questioning on his past vaccine skepticism and broader healthcare issues, including Medicare and Medicaid, COVID-19 policies, abortion, prescription drug pricing and mental health care.

3. He has promoted reallocating Medicare funds to prioritize preventive health measures over pharmaceuticals, eliminating direct-to-consumer drug advertising and restructuring the Medicare physician fee schedule. 

4. After his confirmation, President Trump issued an executive order establishing the Make America Healthy Again Commission. Mr. Kennedy will lead the commission, which is charged with examining “the root causes of America’s escalating health crisis,” initially focusing on pediatric chronic disease. Key priorities include funding research on disease origins, advocating for healthier food choices, expanding preventive treatment options and improving transparency in health research.

5. In his first hearing, Sen. Bill Cassidy, MD, (R-La.) pressed Mr. Kennedy on Medicare and Medicaid, which provide coverage for over 150 million Americans. Mr. Kennedy showed some confusion over Medicaid’s funding structure, inaccurately stating that it is fully funded by the federal government, rather than jointly by states and the federal government.

He expressed concerns that Medicaid premiums and deductibles are too high, despite most enrollees paying little or nothing. He did not clarify his stance on Medicaid work requirements or potential program cuts but acknowledged the need for improvements.

6. In November, four anonymous sources told The Washington Post that Mr. Kennedy and his advisers were considering an overhaul of Medicare’s payment formula. CMS recently finalized a 2.83% cut to the physician payment schedule for 2025, which has been met with pushback by many physicians and medical societies. The Post reports the discussions about changing the fee schedule are in their early stages and could involve the review of thousands of billing codes that determine physician reimbursements. The change could represent an overall shift toward incentivizing primary care and prevention, as opposed to specialty care. 

7. Physicians and industry groups have expressed concerns about Mr. Kennedy’s potential confirmation as well. In early January, 15,000 physicians signed a letter pushing senators to vote against the confirmation of Mr. Kennedy. 

“The health and well-being of 336 million Americans depend on leadership at HHS that prioritizes science, evidence-based medicine, and strengthening the integrity of our public health system,” the letter read. “RFK Jr. is not only unqualified to lead this essential agency — he is actively dangerous.”

8. Physicians worry Kennedy’s leadership could undermine public health agencies like the CDC and FDA.

“As physicians, we have always used science and evidence-based medicine in order to make sound medical recommendations for our patients,” James Torosis, MD, gastroenterologist at Peninsula Gastroenterology Medical Group, told Becker’s. “Having RFK Jr. as secretary of HHS goes completely against the grain of mainstream medicine. It is not only an embarrassment for the government and American people, it is also outright dangerous. He potentially can derail all the institutions and safeguards we rely on for medical decision-making such as the CDC and FDA. We also do not know how he will handle Medicare and Medicaid as far as paying for fundamental medical treatments and prevention. In short, his motivation appears to be driven by fame and personal gain rather than putting the health of America first. Very sad.”

9. He has touted controversial and heavily challenged claims about vaccine safety. Mr. Kennedy has been vocal about his suspicions of vaccines for nearly 20 years. In 2005, he published an article called “Deadly Immunity” in unusual venues for the topic: Rolling Stone magazine (print) and Salon (digital). The article claimed that thimerosal, eliminated in routine childhood vaccines in 2001, caused autism. The article has since been amended and corrected and was eventually retracted. In a 2023 podcast interview, he said, “There’s no vaccine that is safe and effective.” The nonprofit Mr. Kennedy was aligned with for nearly a decade, Children’s Health Defense, has been a vocal critic of COVID-19 vaccines and public health mandates, with its claims frequently challenged by public health experts. 

10. During the confirmation process, Mr. Cassidy, who had initially been undecided, ultimately voted in favor of Mr. Kennedy. Sens. Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, also supported his nomination despite previously expressing concerns. In a Feb. 12 post on X, Ms. Murkowski acknowledged her ongoing reservations about Mr. Kennedy’s stance on vaccines but stated that she sought assurances from him that he would not hinder access to vaccines or undermine vaccination efforts.

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