EBG Commentary

What Trump’s Election Means for the ACA


Philo D. Hall, an Associate in the Health Care and Life Sciences practice, in the firm's Washington, DC, office, authored an article in Law360, titled “What Trump's Election Means for the ACA.” (Read the full version – subscription required.)

Following is an excerpt:

President-elect Donald Trump campaigned on an unspecified promise to “repeal and replace the Affordable Care Act.” For several years, the re-elected Republican majority in Congress has likewise identified ACA repeal as a top priority. With the incoming administration and Congressional majority sharing this goal, it is now a distinct possibility.

What does “repeal of the ACA” actually mean? Repeal of controversial sections is more likely than wholesale repeal. Apart from creating the exchanges, imposing individual and employer coverage mandates, and offering Medicaid expansion, the ACA consists of many other provisions: creation of the Centers for Medicare and Medicaid Services Innovation Center; new program integrity authorities; health care workforce training; chronic disease prevention; limitations on new physician-owned specialty hospitals; dozens of major and minor adjustments to Medicare and Medicaid payments to providers and plans; and many others.

The only outcome for the ACA that can be known at this time is change. The future of the ACA will not be dictated by the new White House team but rather will be the result of a process factoring in the policy preferences and relative political power of Republicans and Democrats in Congress, the Trump administration, and health care stakeholders. …