Overnight Health Care: How Republicans who voted against ObamaCare repeal fared in midterms | Cummings may call in drug companies | FDA to ban sale of flavored e-cigarettes: report

Overnight Health Care: How Republicans who voted against ObamaCare repeal fared in midterms | Cummings may call in drug companies | FDA to ban sale of flavored e-cigarettes: report
© Greg Nash

Welcome to Friday’s Overnight Health Care, where we’re looking forward to members coming back next week and asking lawmakers lots of health care questions about the new Congress!

How Republicans who voted against ObamaCare repeal fared in midterms

Democrats relentlessly hit Republicans over their votes to repeal ObamaCare during the campaign this year, but there were 20 Republicans who didn’t vote for the repeal bill last year. How did they do?

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Four of those Republicans still lost on Tuesday, despite a move to blunt one of Democrats’ most potent attacks. But nine of them, about half, ended up winning.

Another six retired and were not up for reelection. Several of those were likely to lose their races if they had run.

A sign of independence: Some Republicans ran on voting no. Rep. David JoyceDavid JoyceLouisiana Democrat running for US Senate smokes marijuana in campaign ad The Hill's Morning Report - Presented by ExxonMobil - Gosar censured as GOP drama heightens The Memo: Gosar censured, but toxic culture grows MORE (Ohio), for example, ran an ad in which he said: “When Republican leaders in Congress tried to take away protections for pre-existing conditions, I said 'no.' ”

Some still got attacked: Some Democratic ads, like one against Rep. Leonard LanceLeonard LanceKean Jr. to run against Malinowski: report Thomas Kean wins GOP primary to take on Rep. Tom Malinowski Gun debate to shape 2020 races MORE (R-N.J.), simply cited his votes to repeal ObamaCare in previous years.

Click here for the full story and breakdown.

Cummings indicates he could call drug company executives to testify

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Rep. Elijah CummingsElijah Eugene CummingsThe Hill's Morning Report - Presented by National Industries for the Blind - Manchin says no; White House fires back House Democrats find drug companies 'unjustified' in price hikes Your must-read holiday book list from members of Congress MORE (D-Md.) will be a key player to watch next year as House Democrats seek to take on high drug prices in the majority.

Cummings, a staunch critic of drug companies, is set to become chairman of the House Oversight Committee.

He told Stat that he could call drug company executives in to testify, saying “hearing from the drug companies themselves will be an important part of our efforts.”

Legislation too: On the legislative front, Cummings will be a key player. He is cosponsoring a bill to allow Medicare to negotiate drug prices, long a major priority for Democrats and something President TrumpDonald TrumpJudge rules Alaska governor unlawfully fired lawyer who criticized Trump Giuliani led fake electors plot: CNN Giuliani associate sentenced to a year in prison in campaign finance case MORE has voiced support for in the past.

“Whether this legislation becomes law is very much in the president’s hands,” Rep. Lloyd DoggettLloyd Alton DoggettDemocrats outraged after Manchin opposes Biden spending bill With Build Back Better, Dems aim to correct messaging missteps Cities become pawns in redistricting game MORE (D-Texas), another leading Democrat on drug pricing issues, told The Hill on Wednesday.

Read that story here.  

And Stat’s story here.

FDA to ban sale of flavored e-cigarettes: report

The Food and Drug Administration is reportedly planning to ban flavored e-cigarette products, a drastic step in response to a dramatic increase in vaping among teenagers.

According to The Washington Post, FDA Commissioner Scott Gottlieb is expected to announce a ban on the sale of flavored e-cigarettes, which represent the majority of vaping products sold, in convenience stores and gas stations across the country. The announcement could come as soon as next week.

The agency will also impose new rules to curb illegal sales of e-cigarettes products to minors, including age-verification requirements on online sales, according to the Post.

Gottlieb has threatened a ban on flavored e-liquids if five of the products' largest manufacturers can’t come up with adequate plans to help keep e-cigarettes out of the hands of those under the age of 18.

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The FDA also recently sent more than 1,300 letters to brick-and-mortar stores and online retailers warning them that they could face penalties for allegedly selling ­e-cigarettes to people younger than 18.

Read more here.

What we’re reading

Midterm election boosts Medicaid expansion, but challenges remain (Kaiser Health News)

Pelosi-Trump overtures making Big Pharma sweat bullets (Washington Examiner)

State by state

Group challenges Kansas ban on telemedicine abortions (NBC News)

'Brutal' or 'safest'? Kentucky prepares to defend abortion ban in court (Louisville Courier-Journal)