Biden to nominate California AG Xavier Becerra as HHS head

President-elect Joe Biden said he will nominate Xavier Becerra, the attorney general of California, to serve as secretary of health and human services within his administration. Becerra, who led the defense of the Affordable Care Act in the Supreme Court, would become the first Latino to lead the Department of Health and Human Services, if he is confirmed by the U.S. Senate.

Prior to serving as California’s attorney general, Becerra was a member of the U.S. House of Representatives for 12 terms. He served on several committees in that time, including the Committee on Ways and Means, and he eventually became chair of the House Democratic Caucus. As a congressman, he helped pass the ACA, and in November, he led the defense of the healthcare law in the Supreme Court on behalf of 20 states and the District of Columbia.

As HHS secretary, Becerra would play a key role in the nation’s response to the accelerating Covid-19 pandemic, which has sickened nearly 15 million people across the country and killed over 280,000 as of Dec. 7.

Becerra has previously affirmed the importance of the ACA amid the Covid-19 crisis. A brief he filed with the Supreme Court in May stated: “The ACA has allowed tens of millions of Americans to obtain high-quality healthcare coverage; slowed the growth of healthcare costs; conferred substantial savings on States, local governments, and hospitals; improved health outcomes; and funded responses to emerging public health crises. Many of its reforms have proven indispensable in the context of the current pandemic.”

In Congress, I helped pass the Affordable Care Act. As California’s Attorney General, I defended it. As Secretary of Health and Human Services, I will build on our progress and ensure every American has access to quality, affordable health care—through this pandemic and beyond.

— Xavier Becerra (@XavierBecerra) December 7, 2020

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In addition, Becerra has voiced support for Medicare for All and abortion rights, which may make his confirmation uncertain if Republicans hold their majority in the Senate, Politico reported.

Healthcare lawyers described Biden’s pick as both interesting and surprising.

“I think Becerra is a somewhat surprising choice, given his lack of HHS-specific experience and that he has not overseen a larger bureaucracy,” Chad Landmon, chair of law firm Axinn’s FDA and intellectual property practice groups, said in an email.

But he does have a great deal of experience with the ACA and has engaged in other healthcare-related cases, “including defending California’s recent legislation regarding reverse payment settlements, which was challenged by the generic drug industry,” Landmon added.

Stephanie Kennan, senior vice president with McGuireWoods Consulting’s federal public affairs team said in a phone call that she finds the pick interesting and believes that his knowledge and existing relationships in Washington — from his time as a congressman — will help him if he is confirmed as head of the HHS.

“In expanding access, I think he will be able to have significant conversations with many of the players because he already knows them,” she said. “There is a comfort level there.”

Though medical providers were urging Biden to appoint physicians to key healthcare positions in the White House — as is evidenced by a letter five medical groups sent to Biden last week — Kennan has a different perspective.

“[The HHS leader] has to understand how the system as a whole operates,” she said. “And know that when you push someplace, there is going to be an effect someplace else. I don’t think you need to be a physician to be a good HHS administrator…I think it’s important to have the leadership skills, to have the right people around you to advise, and you know, it’s a big ship — knowing how to use the levers to advance the administration’s initiatives is important. No one single person is going to know everything about healthcare.”

Photo credit: Stephen Lam, Getty Images