"If you are interested in a blow by blow of the decision to pull the legislation, the New York Times has a comprehensive overview. The Washington Post published a particular take on key learnings from the failure of the American Health Care Act and realities for the Affordable Care Act going forward. Also of interest is this piece highlighting the very different individual stories of impact from Colorado ahead of the legislation’s collapse last week. In regard to our federal delegation, while no House members ultimately cast a final vote on the American Health Care Act, only one Colorado delegation member – Rep. Mike Coffman – voiced support for the measure throughout the debate.
Finally, it’s worth noting that as the nation waits for any next steps from Congress, there are executive branch actions that can be launched to begin the process of unwinding the Affordable Care Act. Through two actions taken on the first day of his presidency as well as other prerogatives, President Trump and his administration have avenues to begin to reshape the existing health care framework should they choose to pursue those. These include:
1. Regulatory Moratorium: Traditionally enacted by incoming presidents, the moratorium stops rulemaking from the previous administration including postponing rules that had been published but had not taken effect. This act halted regulatory action ranging across agencies and includes things like Health and Human Services poverty guidelines. Additional direction by the Trump Administration includes directives that two existing regulations must be eliminated whenever a new regulation is proposed as well as the directive that each agency install a Regulatory Reform officer charged with ensuring their agency is expediting regulatory reform.
2. Executive Order on the Affordable Care Act: Signed on inauguration day, the order grants agencies broad latitude to begin unwinding the Affordable Care Act within existing law. Agencies particularly empowered by the executive order include the Department of Health and Human Services, the Internal Revenue Service and the Department of Labor.
Potential areas of action could include:
Potential areas of action could include:
· Relaxation of Essential Health Benefits
· Reexamination of some Preventative Services, particularly in women’s health
· Cost-sharing reductions
· Loosening of criteria for grandfathered plans to allow more to continue
· Issuing of new guidance on eligibility and enrollment
· Changing support for and policy for federally facilitated marketplaces
· Supporting congressional efforts to change the ACA already in motion including by withholding risk-corridor payments and challenging in court federal responsibility for cost-sharing reductions. The Trump administration could stop defending the law in that case. If Congress wins the case, health plans, not the federal government will be responsible for making those payments."
We don't know what will happen next so I encourage you to continue to engage via the Protect our Care Colorado Campaign!
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