With the Election Results in, employers should consider all possible options on what could happen with the Affordable Care Act and other Federal “Rules.”
With the election results now in and Republicans having control of both Congress and the White House come late January, it appears likely that some action will be taken with respect to the Affordable Care Act and possible the National Labor Relations Act (NLRA).
While Congress has attempted to repeal the Affordable Care Act in the past, President Obama has vetoed those efforts. At this point, it is unclear if the Affordable Care Act will simply be repealed, or if that effort will come hand and hand with some effort to replace it and, if so, with what. In addition, a significant portion of the Affordable Care Act has been implemented through Executive Order, and it is likely that by late January there will be changes in that arena as well. However, employers should be giving thought to all possible options and planning for the same.
At this time of the year, many employers have already or are in the process of renewing their medical insurance plans with their providers and they are advised to review whether their plan gives options to revise the plan offered should the law change and, if so, what are those options. In addition, employers should review with their carrier what happens if the law changes in terms of what the coverage must provide and the effect of the same on your policy.
In negotiating employment agreements and union collective bargaining agreements, possible changes in the law need to be taken into account and provisions put in place that allow employers the ability to change the coverages and plans offered if the law should change. Moreover, employers will also need to ensure that if the coverage offered by their carrier is going to change, that employers are not bound to provide something different via their agreements with employees and if so, that arrangements have been made to cover the same.
At this point, the potential for change raises far more questions than answers, and employers would be well advised to speak with legal counsel about these changes and stay tuned for the latest.
The Eastern Pennsylvania Employment Log (EPELog) is a publication of the KingSpry Employment Law Practice Group. Jeffrey T. Tucker, Esquire, is our editor-in-chief. EPELog is meant to be informational and does not constitute legal advice.
