On May 4, the U.S. House of Representatives passed the American Health Care Act (“AHCA”, generally referred to herein as the “bill” in order to prevent confusion with the ACA), a budget reconciliation bill to repeal and replace the Affordable Care Act (“ACA”). The bill’s key provisions include:

  • eliminating the individual shared responsibility and employer shared responsibility (the “mandates”) penalties;
  • a package of insurance “market stabilizers,” including funding for state-based high risk pools, a continuous coverage requirement, and a 5:1 community rating provision with state flexibility;
  • creating state waivers for age rating, essential health benefits (“EHBs”), and, where an individual’s coverage has lapsed, community rating;
  • replacing the ACA premium subsidies with age-based tax credits of $2,000-$4,000 to help individuals pay for coverage;
  • delaying the implementation of the Cadillac tax;
  • eliminating various taxes and fees associated with the ACA; and
  • reforming Medicaid.

Please see the attached memo for further information.


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