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Analysts say a Democratic-controlled Congress taking office next year may investigate HHS Secretary Robert F. Kennedy Jr. and pursue changes to the No Surprises Act, Medicaid policy and health-care costs. Those are possible priorities, not confirmed legislative plans, and experts say limited Senate support could constrain what becomes law.
Analysts say the Democratic-controlled Congress expected to take office next year may investigate Health and Human Services Secretary Robert F. Kennedy Jr. and revisit health-care laws, including the No Surprises Act. These are potential priorities described after the election, not announced legislative plans; experts say limits in the Senate could make major changes difficult.
Bruce Mirken, communications co-chair at Defend Public Health, said the new Congress should investigate Kennedy’s record and examine how the administration used money appropriated by Congress. Mirken called for a “complete and thorough investigation” and argued that Congress should consider impeachment. Those are his recommendations; the report does not describe an investigation or impeachment proceeding already underway.
On legislation, Tom Miller, a senior fellow at the American Enterprise Institute, said some bipartisan agreement might be possible to address flaws in the No Surprises Act, the federal law intended to protect patients from many unexpected out-of-network medical bills. He cautioned that such changes may be limited, predicting “more rhetoric than reality” in changes to current law.
Other possibilities raised by the analysts include revisiting Medicaid and nutrition-assistance cuts passed in last summer’s reconciliation bill, known as the One Big Beautiful Bill, and scrutinizing how the Centers for Medicare & Medicaid Services is implementing Medicaid provisions. Georgetown University’s Edwin Park said lawmakers could seek to repeal the cuts or, if that fails, delay some of them. He also pointed to Medicaid provisions due to expire next year, including funding for Disproportionate Share Hospitals.
Health Policy Faces a Narrow Path
The proposals could affect patients facing unexpected bills, people covered by Medicaid, hospitals serving a high share of low-income patients and federal health programs. Changes to billing protections or payment rules could alter how patients and providers handle costs, while changes to Medicaid cuts could affect eligibility, benefits or funding. The precise effects would depend on legislation that has not yet been introduced.
Congressional oversight also matters because lawmakers control federal spending and can examine how agencies carry out laws. Mirken said the administration had mishandled congressional appropriations and called for action to address damage to disease monitoring, food safety and research. Those are his allegations and priorities; the source report does not independently establish the extent of any damage.
The political constraints are substantial. The analysts said Democrats would not have a veto-proof Senate majority, making it difficult to enact major changes over opposition. Miller warned that lawmakers would face competing priorities and a crowded political calendar as the 2028 presidential campaign begins. The election results may create an opening for hearings or narrower agreements, but they do not by themselves determine what Congress will pass.
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From Election Results to Health Priorities
The report, published November 4, 2026, draws on comments from health-policy analysts after election results put Democrats in control of Congress for the next term. It describes possible priorities rather than a formal agenda adopted by party leaders or legislative committees.
The proposals range beyond surprise billing. Healthcare consultant Thomas Campanella cited site-neutral hospital payments, antitrust enforcement involving hospital systems, oversight of the 340B drug-pricing program, and clearer price and quality information. He also pointed to bipartisan support for investment in primary care and rural health care. The report does not identify bills or agreements on these measures.
Medicaid could draw attention both because of the prior year’s reconciliation law and because some program provisions are set to expire next year. Park said Congress would need to address expiring funding for Disproportionate Share Hospitals by year’s end. He also criticized aspects of CMS implementation, including work-reporting rules and guidance on Medicaid waiver financing. Those criticisms are his assessment, and the report does not include a response from CMS.
““Congress needs to dig in quickly and [fix the] damage done to disease monitoring and tracking, food safety, and health research.””
— Bruce Mirken, communications co-chair at Defend Public Health
Plans and Votes Remain Unsettled
No specific bills, committee investigations or congressional timetable are identified in the report. It is unclear whether Democratic leaders will formally make an inquiry into Kennedy or pursue impeachment, and Mirken’s call for those steps is not evidence that either is planned.
It is also unknown which proposals could attract support across party lines, how Congress might address Medicaid cuts or expiring hospital funding, and whether lawmakers will agree on changes to surprise-billing rules. The report does not provide responses from Kennedy, HHS or CMS to the criticisms described. The analysts’ predictions should be treated as forecasts, not decisions made by the incoming Congress.
Watch for the Incoming Agenda
The next clear indicators will be announcements from congressional leaders and committee chairs about hearings, investigations and legislative priorities after the new Congress takes office next year. For Medicaid, lawmakers will also need to address provisions due to expire, including funding for Disproportionate Share Hospitals, which Park said must be dealt with by year’s end.
Any proposed changes to the No Surprises Act, Medicaid policy or other health-cost measures will need to be introduced and move through Congress before their effects are known. The report offers no confirmed schedule for those steps. The balance of support in the Senate and the administration’s response will help determine whether the ideas become hearings, narrow legislative adjustments or no action.
Key Questions
Has Congress opened an investigation into Robert F. Kennedy Jr.?
The report does not say that an investigation has begun. Bruce Mirken urged the incoming Congress to investigate Kennedy, but that is a recommendation, not a confirmed action by lawmakers.
Could the No Surprises Act be changed?
Analysts said adjustments to the law could be considered and might draw some limited agreement. No specific bill or change was identified in the report.
Could Congress reverse or delay Medicaid cuts?
Edwin Park said lawmakers could try to repeal cuts included in last summer’s reconciliation bill and could seek to delay some if repeal fails. These are possible approaches, not confirmed plans.
Why might major health-care legislation be difficult?
The analysts said Democrats would not have a veto-proof Senate majority. They also cited competing demands on Congress and the approaching 2028 presidential campaign as constraints on major reforms.
Source: medpagetoday.com
