The Election Results and the Future of the ACA

CONTRIBUTED BY JESS LEDONNE, ACA CONSULTANT, FIRST ADVANTAGE

The election of Donald Trump as the 45th President of the United States of America and the Republican Party’s retention of control of both chambers of Congress has led to increased speculation as to the potential “repeal and replace” plan advocated by the Trump campaign. Certainly, the question of what that actually means and whether it is actually possible are weighing heavily on many minds today.

It is important to remember that the ACA is still the law.  All of the requirements, mandates, and protections continue to apply. 

Although speculation continues regarding President-elect Trump’s ability to retract the law, realistically it is clear that the Trump administration will face a multitude of obstacles on a path to repeal.  President-elect Trump must take into account that many Americans like at least some features of the ACA.  He also must follow established rulemaking processes to revoke or rewrite regulations. This is a tedious and lengthy process made challenging in light of the Republicans’ razor thin margin of control in the Senate.  With at least 47 firm Democratic and independent votes intact, the Trump administration may face an uphill battle in effecting legislative change on the Senate floor. Of course, even if the Trump administration were to eliminate an established regulation, the judicial check on this action may reverse it.

While election returns appear to lead us into uncertain territory, in terms of the ACA, the Employer Mandate, Pay or Play, reporting requirements, and potential penalties for noncompliance are all still firmly in place. Ultimately, any challenges to the law or change or repeal legislation will present difficulties for the President-elect, which highlights the importance of ongoing employer compliance with the law as it exists today.

Contributed by Jess LeDonne, ACA Consultant, First Advantage

This content is offered for informational purposes only. First Advantage is not a law firm, and this content does not, and is not intended to, constitute legal advice.  Information in this may not constitute the most up-to-date legal or other information.

Readers of this content should contact their own legal advisors concerning for their particular circumstance.  No reader, or user of this content, should act or refrain from acting on the basis of information in this content.  Only your individual attorney or legal advisor can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this content does not create an attorney-client relationship between the reader, or user of this presentation and First Advantage.

Background Check Resources

Trustworthy information to assist you with strategies that empower business growth, enlighten leadership and help you face the future with confidence.

Now Available!

2024 Trends Report Reveals Latest Insights