Device Tax On The Table In Negotiations To End Shutdown – Sen. Durbin-thegraysheet: A repeal of the medical device tax could be on the table as a compromise issue for resolving a stalemate on government funding legislation that caused the government to enter a partial shutdown Oct. 1, according to high-ranking Democratic Sen. Dick Durbin. When asked on CNN Oct. 1 whether there was any component of the Affordable Care Act that the Senate could consider voting on as part of a short-term funding continuing resolution bill that needs to pass to re-open the government, Durbin singled out the device tax.