Donald Trump is president-elect and is scheduled to be inaugurated as the 45th President of the United States of America January 20,2017. The Republican Party retained control of both chambers of Congress leading to increased speculation about the campaign promise to “repeal and replace” ACA.
The question of what this actually means and whether it is possible are weighing heavily on many minds today.
The ACA is still the law. All of the requirements, mandates, and protections continue to apply.
Realistically the Trump administration likely will face a multitude of obstacles on the path to repeal. Elected officials will likely take into account that many Americans like at least some features of the ACA and many depend on its subsidies for affordable care. They also must follow established rulemaking processes to revoke or rewrite regulations. This tends to be a tedious and lengthy process. The Trump administration may face an uphill battle in effecting legislative change. Even if the Trump administration were to eliminate an established regulation, the judicial check on this action may delay or reverse it.
The election has 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, challenges to the law or change or repeal legislation may present difficulties for the President-elect and congress to implement quickly.
Such an uncertain landscape highlights the importance for ongoing employer compliance with the law as it exists today.
Contact us if you have any questions concerning ACA status or compliance.