Throughout his campaign, Donald Trump vowed to quickly repeal and replace the Affordable Care Act, marking it as a high priority for his first 100 days in office. In his health care reform letter, he wrote, "On day one of the Trump administration, we will ask Congress to immediately deliver a full repeal of Obamacare."
Since his appointment, however, he has backpedaled on his initial statements, noting that while he still intends to repeal the ACA, he would consider carrying over certain provisions into his replacement program, such as the prohibition on pre-existing condition exclusions and the extension of health insurance coverage to adult dependents until age 26 (two provisions employers would most want kept in a potential repeal).
Regardless of what Trump is saying now, the future of health care is uncertain. As the president-elect finalizes his transition team, it's unlikely that major legislation (apart from required appropriations) will be passed until Trump officially takes office in January.
Even then, a repeal is unlikely to take place immediately. Rep. Chris Collins has hinted that the repeal won't be "pulling the rug out from anyone" in 2017, implying that the transition will be a long process.
With so much up in the air about what the nation's health care system will look like in the months — and potentially years — to come, employers (and their employees) are unsure of how to move forward. But as we wait to learn more about Trump's plans for the ACA and a potential replacement plan, there are things employers can, and should, do now to prepare for impending changes:
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Ensure compliance with current regulations: Until the ACA is amended, repealed or replaced, the law remains the law. Employers should continue to understand, recognize and comply with the requirements and deadlines enacted in the ACA, such as the Summary of Benefits and Coverage (SBC) and employer information reporting requirements (note that the deadline for issuance of employee statements was recently extended from January 31 to March 2).
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Read up: There are at least seven different proposals for plans to replace the ACA. Becoming familiar with the provisions of each will give you a sense of what may come and what opportunities your company may have to comment on or otherwise shape proposed regulations.
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Schedule meetings with your consultants and legal counsel: Despite uncertainty about the future, it is not too early to start discussing required or desired plan design changes for plan year 2018 and even beyond, particularly if it looks like the tax-advantaged status of employee benefit plans will be affected. Typically employers start thinking about strategies in mid to late spring. By then, there's a chance we'll have more concrete information on what Trump's plan will look like.
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Develop and/or update your communications plan: Employees are bound to have lots of questions about how the new health care regulations will affect their benefits options and coverage. Take time now to keep your employees educated and updated, and inform them about the impact of any proposed or pending legislation that may affect your benefits strategy or plans.
Despite uncertainty about the future of health care, it is critical that employers prepare themselves for likely changes and take the necessary steps to articulate what's next to employees. If one thing is for certain, it's that reassurance is needed now more than ever.
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