What Changes Await ACA Compliance in Trump’s Second Term?

November 20, 2024

The re-election of Donald Trump as the 47th president of the United States, along with a Republican majority in both the Senate and the House of Representatives, signals a new phase for the Affordable Care Act (ACA). During Trump’s first term, there were several attempts to dismantle the ACA, but its widespread popularity has led him to shift his focus. Now, he aims to enhance the ACA by concentrating on reducing costs and improving healthcare services. This shift has significant implications for ACA compliance, particularly for employers and state-level regulations.

Trump’s Evolving Stance on the ACA

During his first term, Trump made multiple efforts to repeal the ACA. However, the law’s popularity altered his approach, and he now seeks to improve the ACA to make healthcare more affordable for Americans. This new strategy stemmed from the economic benefits it provides and the voter base that has benefitted from its provisions, especially individuals aged 50 and older.

The ACA remains highly popular, with record-high participation in health coverage through state and federal marketplaces. Last fall, over 21 million people enrolled, underscoring the ACA’s importance in providing affordable healthcare. The uninsured rate fell to an all-time low of 7.7% by 2023, largely thanks to the Medicaid expansion and the establishment of exchange markets. The evolution in Trump’s stance reflects his recognition of the substantial support for the ACA and its success in extending healthcare coverage.

Economic and Demographic Factors

The economic viability of the ACA has emerged as a crucial factor supporting its continuation. Federal subsidies for health insurance accounted for 7% of the U.S. GDP in 2023 and are expected to rise to 8.3% by 2033. This economic incentive favors enhancing the ACA rather than repealing it. The ACA’s extensive usage across various political districts and demographics further signifies its significance in the healthcare system.

Key demographics such as individuals aged 50 and older have greatly benefited from the ACA’s cost reductions, forming a considerable voter base that advocates for the law’s continuation. The economic benefits and the decrease in the uninsured rate illustrate the ACA’s effectiveness in delivering affordable healthcare to millions of Americans. Maintaining these benefits is not only politically advantageous but also essential for the health of the nation.

Healthcare Costs and Policies

Trump’s first term witnessed initiatives aimed at increasing price transparency in medical services and reducing prescription drug costs. These efforts highlight the administration’s commitment to lowering healthcare expenses. Future initiatives are expected to focus on minimizing fraud, waste, and further cutting costs to ensure economic efficiency in healthcare spending. Advisor Brian Blase predicts a stronger emphasis on reducing waste and fraud compared to a potential Democratic administration.

This approach aims to align with the broader goals of the administration, which include cost reduction and transparency. The expected rise in federal subsidies for health insurance as a percentage of GDP adds a significant economic motive for maintaining and enhancing the ACA. Given the widespread use of the ACA across different political zones and demographics, its continuation is vital for economic and political reasons. The anticipated shift towards reducing waste and fraud serves as a strategic measure to optimize healthcare expenditure.

Potential Compliance Changes

Republican lawmakers may introduce changes to enhance the quality and affordability of plans, which might involve alterations to Medicare coverage under the ACA. Conservative think tanks like the Paragon Health Institute have suggested several strategies to combat fraudulent enrollments. These suggestions include raising subsidy recapture limits, limiting automatic re-enrollment, and implementing enhanced oversight of HealthCare.gov.

The ACA’s Applicable Large Employer Mandate (IRC 4980H) will continue, requiring employers with at least 50 Full Time Employees to meet specific obligations. These obligations include accurately identifying ACA Full Time employees, offering affordable health coverage meeting minimum value requirements to at least 95% of Full Time employees, reporting compliance annually to the IRS via forms 1094-C and 1095-C, and distributing 1095-C forms annually to relevant individuals. Employers must stay vigilant and adhere to these compliance requirements to avoid penalties.

State-Level Compliance and Technocratic Adjustments

Analogous to the handling of abortion laws, aspects of ACA compliance might shift towards state-level regulation, necessitating that employers keep abreast of shifting rules and adapt accordingly. This potential move towards state-specific compliance could result in different implementations of the ACA, demanding a heightened level of vigilance from employers to ensure adherence to new regulations. State-level compliance could introduce new challenges but also opportunities for tailored healthcare solutions that match local needs.

There are likely to be technical adjustments aimed at reducing fraud and ensuring more precise income estimations for subsidies. These adjustments may include enhanced oversight and stricter measures to prevent fraudulent enrollments. The focus on technocratic adjustments aligns with the administration’s broader goal of economic efficiency and cost reduction in healthcare spending. Employers must be proactive in adjusting to these potential changes and ensure they remain compliant with evolving regulations.

Conclusion

The re-election of Donald Trump as the 47th president of the United States, accompanied by a Republican majority in both the Senate and the House of Representatives, marks a new chapter for the Affordable Care Act (ACA). During Trump’s first term, efforts to dismantle the ACA were a significant focus, but public support for the act has prompted a change in strategy. Trump’s current approach aims to bolster the ACA rather than dismantle it, with an emphasis on lowering healthcare costs and improving the quality of services. This strategic pivot has considerable repercussions for ACA compliance, affecting both employers and state-level regulations. Employers now need to stay informed on potential regulatory changes, while states must consider how to align their policies with the new federal direction. Additionally, the shift in focus indicates a broader acceptance of the ACA’s foundational goals, signaling a potential period of stability and improvement in the healthcare sector, despite earlier attempts to overturn the law.

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