Death by a Thousand Cuts: The Embattled ACA

Source: Diane M. Soubly, Benefits Law Journal, Vol. 32, No. 2, Summer 2019
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In its first seven years, the Patient Protection and Affordable Care Act (ACA), now almost a decade old, decreased the number of uninsured persons who used highly expensive emergency care as primary care and curtailed double digit medical inflation. In the first two years of the Trump Administration, the President, the Executive Branch and Congress have devised ACA’s death by a thousand cuts. As former Solicitor General Donald Verrelli observes at page 2 of the Opening Brief submitted by Intervenor-Appellant The U.S. House of Representatives in the appeal from the Texas district court decision holding ACA unconstitutional, “Despite all that the Act has achieved, its political opponents have made repeated efforts to repeal it or to disable it through litigation.” This article updates employee benefits plan designers and litigators about those continuing efforts in the legal battle for the death of ACA…..