ACA Update: Trump’s Executive Order

President Trump didn’t take long to sign an executive order addressing the Affordable Care Act (ACA) following his inauguration. It is important to note, though, that the executive order is broad and does not specifically address any ACA provision. Thus, no ACA provisions or requirements have been eliminated or delayed at this time and employers should continue to prepare as scheduled to remain compliant until further notice.

What’s Expected?

The executive order puts forth the first steps to the repeal of the ACA and is intended to:

  • Minimize the ACA’s economic and regulatory burdens
  • Prepare to afford states more flexibility and control to create a free and open health care market

Immediate Impact

The immediate impact will likely be small as it will take time to implement new policies, regulations, and other guidelines to carry out the directives. In time, it is clear that the executive order is intended to allow insurers to sell policies across state lines in an effort to increase free market competition, which is something President Trump has long supports. Until more information comes out regarding the repeal and replace of the ACA, employers should continue to prepare as expected.

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Changes to the ACA: 2017 Outlook

With president elect Donald Trump prepared to take office on January 20, 2017, it is a good time to review the Affordable Care Act’s (ACA) current standing along with how it may change in the future. Trump and the Republicans have opposed the ACA, calling for its repeal. It remains uncertain when and which potential changes will occur, but we will take a look at some of the items in the ACA that are subject to change.

Throughout his campaign, Trump has proposed the following changes:

  • Getting rid of the exchanges
  • Creating tax-free health savings accounts (HSAs) for people with high deductible health plans (HDHPs)
  • Enabling insurance companies to sell insurance across state lines
  • Eliminating both the Cadillac tax and individual mandate

A few of the current ACA rules and plans are expected to remain the same and untouched:

  • Rule requiring group health plans and health insurance issuers to offer group or individual coverage that provides dependent coverage to children on their parent’s plans until the adult child reaches age 26
  • Rule prohibiting insurance companies from refusing to cover individuals with pre-existing conditions or charging more because of an individual’s pre-existing condition

When and what to expect

It remains unclear exactly what changes will be made and when, so it remains important to stay as informed as possible.

Per the Times report, Trump said he wanted Obamacare to be repealed “probably sometime next week” and a replacement to be introduced “very quickly or simultaneously.”

However, it is important to note that it is unlikely for change to happen overnight. A replacement of the ACA would require congressional action and would take time. We will keep you updated with the latest news after President Trump is inaugurated on January 20 and a clearer picture emerges.