Volume III, Issue 46
Nov. 14, 2016
Trump Wins, Republicans Will Control Both Houses
Opportunity to repeal and replace ACA is real
WH
On November 8, 2016, Donald Trump won the White House  while Republicans maintained control of the U.S. House of Representatives and Senate.

WIM
Repeal and Replace, a Republican mantra since the ACA's enactment in March of 2010, is now possible. However, many experts are predicting the Affordable Care Act will be modified instead.

In a November 11, 2016 MWE.com blog post entitled How Congress, President-Elect Trump Might Proceed on Promise to Repeal, Replace ACA, attorneys J eremy Earl Ankur J. Goel and Kate McDonald assert:

This campaign promise, which echoes a familiar refrain from Republicans since ACA's passage, is more complex than it may seem.

There are pathways to quickly "repealing" key elements of ACA such as the individual mandate and its subsidies, but this could result in significant market disruption in the absence of a replacement. Republicans will now be in charge of putting together a health reform replacement package; what that replacement will look like is an open question.

U.S. Congress and the incoming administration will consider at least three potential pathways for achieving full or partial repeal of ACA:
  • Use reconciliation to quickly repeal funding; delay effective date in order to develop a replacement
  • Repeal and replace simultaneously
  • Executive branch options
The scope of ACA replacement legislation is difficult to predict, but President-elect Trump's high-level campaign proposals and more detailed proposals from House and Senate Republicans point to some common themes.

This new health reform effort will face many of the same policy and political hurdles as prior health reform efforts...Republicans will be the ones trying to solve the puzzle, rather than Democrats, and in the popular view, they may own the post-repeal health care system...the consumer protections in ACA are popular and consumers have become accustomed to them; we anticipate that any replacement plan will take account of these realities.

Read the full MWE.com article here.
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Florida Health Industry Week in Review is published every Monday by FHIcommunications. 

Each Monday morning we share the top healthcare headlines of the previous week and summarize What Happened (WH) and Why It Matters (WIM).

To learn how you can join our team of editorial contributors, contact Jeffrey Herschler.
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