ACA Repeal And Replace: Down, But Not Out

Law360, New York ( April 6, 2017, 10:54 AM EDT) -- On March 24th, congressional efforts to repeal and replace the Patient Protection and Affordable Care Act suffered a setback: Republican House Speaker Paul Ryan canceled a U.S. House of Representatives vote scheduled for later that day on the American Health Care Act (AHCA), a bill that proposed to repeal, replace and revise many of the ACA's tax- and spending-related provisions using a budgetary process called "reconciliation." As explained in my March Law360 article, several AHCA provisions would have impacted employers and group health plans (GHPs) significantly — particularly the proposed elimination of the employer mandate penalty retroactive to 2016 and the delay of Cadillac tax until 2026 (2025 in the initial AHCA draft). Although the AHCA was withdrawn, major ACA changes for employers and GHPs this year remain possible, including:...

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