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What the Election Means for the Affordable Care Act

Health Care on the Ballot

The Affordable Care Act (ACA) – the signature federal health reform legislation signed into law by President Obama in 2010 – has been the law of the land for nearly 15 years. And yet it remains a political flashpoint and has faced perennial litigation, legislative, and administrative threats. Under the last Trump Administration, we saw a dramatic “repeal and replace” effort by Republicans in Congress, one that ultimately failed when Republicans could not agree on a replacement for the ACA. The still-fresh memory of that defeat may keep Republicans from taking another run at ACA repeal in its entirety, but depending on the make-up of Congress, there may be opportunities to either expand ACA protections (something Democrats have said they will do) or defund and retract ACA protections in favor of deregulation and a free market approach (something Republicans have said they will do). The new president will also have a great deal of discretion to direct administrative agency action on implementation of key ACA provisions, including benefits requirements and non-discrimination protections. Read on for a discussion of key ACA provisions and how they could be impacted by the election in November.

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