Accessibility Tools

Skip to main content

WHAT NOW AFTER DEFEAT OF OBAMACARE CHANGES?

Written on .

House Republican leaders were forced to withdraw the proposed American Health Care Act after failing to gather a single Democratic vote and lacking support from the conservative GOP Freedom Caucus.  Although talk persists, there appears to be little likelihood of any immediate efforts to reintroduce the ObamaCare alternative.  ObamaCare thus currently remains the law, although there may be a few incremental changes. 

President Trump issued an executive order in January urging agency heads to make regulatory adjustments to ObamaCare to the extent possible under the existing law.  In late March, 43 Senate Democrats and Sen. Bernie Sanders signed a letter to the White House saying that before they would even consider a bipartisan effort, the President must rescind his January executive order.  Some flexibility is built into ObamaCare, as much of its implementation was delegated to the agencies.  Potential modifications include a delay in imposing penalties, more hardship exemptions, and possibly even changing the rules redefining essential health benefits that must be covered.  In the past there has been significant bipartisan support to postpone or eliminate the so-called "Cadillac tax" on expensive employer plans, while it generally defined as employer-sponsored health plans exceeding $10,200 for individuals and $27,500 for family coverage.  This excise tax is scheduled to take effect in January 2020.  An incremental change was proposed by the two Tennessee Republican Senators, in late March, which would modify the ObamaCare requirement that tax credits be used only for plans sold on healthcare exchanges, as an increasing number of areas have few or no insurers willing to sell through the current healthcare exchanges.  Meanwhile, those employers with 50 or more full-time employees or their equivalent must continue complying with ObamaCare’s wide ranging mandates.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

Featured Federalist Article: Text Education in Muldrow v. St. Louis: The Supreme Court Just Made Title VII Cases Easier for Plaintiffs to Win

Elizabeth K. Dorminey authored another article for the Federalist Society.  Here's a quick summary of what this article, Supreme Court...
gavel

Judge Invalidates Joint Employer Rule, and Independent Contractor Rule Takes Effect

The National Labor Relations Board (NLRB) Joint Employer Regulation, which was set to take effect March 11, 2024, was invalidated by a Te...
balance of justice statue

The Importance of Fairness in Employment to the Law and to Job Satisfaction

Some of you may have heard about disgruntled employees taping phone conversations of their discharge and mentioning them on social media ...
we the people, focus, document

Major Employers Challenge Constitutionality of Labor Act

Amazon is the most recent major employer to challenge the constitutionality of the National Labor Relations Act (NLRB), joining Trader Jo...
starbucks drink on a table

Starbucks' Big Change in Labor Policies

Starbucks' new public commitment to work with its union antagonists to resolve issues has been called a landmark in labor relations.  In ...
smiling blocks

Judge Orders Survey Data to Be Revealed from Employer EEO-1 Reports

Employers are supposed to file annually the EEO-1, Standard Form 100, with the U.S. Department of Labor (DOL).  This requirement applies ...