![]() However, it would have left several of the ACA’s market reforms in place. That Act would have eliminated the law’s mandate penalties and subsidies, including Medicaid expansion. 3762, the Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015, which would repeal portions of the Affordable Care Act (ACA). Remove barriers to entry into free markets for drug providers that offer safe, reliable and cheaper products.īy contrast, before the election, Congress passed H.R.Require price transparency from all healthcare providers, especially doctors and healthcare organizations like clinics and hospitals.Allow individuals with high deductible health plans to use Health Savings Accounts (HSAs).Allow individuals to fully deduct health insurance premium payments from their tax returns.Modify existing law that inhibits the sale of health insurance across state lines.President Trump has proposed the following: One of the issues with “repeal and replace” is that there is as yet no agreement on what the replacement might be. Thus, even to the extent that repeal legislation passes, current law is likely to remain in effect for some period of time. There is reluctance among many Republicans to have a major change become effective in 2018, the year of mid-term elections. Individuals and businesses have already obtained insurance for 2017. It is unclear whether at least some Republicans might cross party lines to oppose a bill that repealed ACA provisions without providing a replacement.įinally, any repeal legislation is likely to have a delayed effective date on at least some of its provisions. The second practical issue is that President Trump said in his first news conference after the election that the ACA should be repealed and replaced “essentially simultaneously.” Several Republican Senators have indicated that they are opposed to simply repealing ACA without a replacement. Thus, repeal of such provisions would require the cooperation of at least some Democrats. The Republicans do not have enough votes in the Senate to overcome a filibuster. While they could in theory be repealed by other legislation, the Budget Reconciliation Act is the only legislation which the Democrats cannot filibuster. Thus, for example, the ACA provisions regarding pre-existing conditions and coverage of adult children cannot be repealed by a Budget Reconciliation Act. Congressional rules limit Budget Reconciliation provisions to those which affect the budget. First, not all repeal provisions can be included in Budget Reconciliation. There are two practical issues facing the Republicans with respect to repeal of the ACA. Legally, the votes on them had no effect any changes to the ACA would have to come through the Budget Reconciliation Act (which has not yet been drafted, much less passed) or other legislation. However, the proposed amendments were mostly symbolic - a way of putting the Republicans on record as being opposed to popular provisions of the ACA. All of these amendments failed on a party line vote. The actions to which the meme refers are that the Democrats introduced various amendments to the resolution in the Senate that would have protected various provisions of the ACA from being cut as part of Budget Reconciliation. Instead, the concurrent resolution instructs the Senate Finance Committee the Senate Health, Education, Labor and Pensions Committee the House Ways and Means Committee and the House Energy and Commerce Committee to draft Budget Reconciliation legislation that would reduce the deficit “by not less than $1,000,000,000” and to reconcile such legislation among the respective committees no later than January 27, 2017. ![]() By its terms, the resolution does not amend (or even mention) the ACA, except insofar as it establishes: (1) a deficit-neutral reserve fund for health care legislation, and (2) a reserve fund for health care legislation. House of Representatives passed the resolution on January 13. 3, a concurrent budget reconciliation resolution. Subscribe to Our Employee Benefits NewsletterĪ popular meme suggests that the Senate voted to eliminate virtually all of the provisions of the ACA, including the ability to obtain insurance in spite of pre-existing conditions, the requirement to cover adult children up to the age of 26, etc.United States Code (including ERISA and the Internal Revenue Code).Same-Sex Spouse and Domestic Partner Benefits.Pension Benefit Guaranty Corporation (“PBGC”).Maximum Benefits and Contributions Limits. ![]()
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