ACA-Related Issues in the Fiscal Cliff/Debt Deal

The bill to avoid the fiscal cliff and keep the government funded for a few more months ended up not including several ACA-related provisions that had been under consideration during discussions. Lawmakers had been considering a number of benefits provisions as part of the legislation, either as modest policy concessions or as federal revenue offsets. It appears that most of those provisions are not included in the final package. The measure DOES NOT include the following provisions that had been discussed:

• A delay in the collection of the Transitional Reinsurance Fee – the per-enrollee fee on health insurance issuers and plan administrators (on behalf of self-insured group health plans) which will finance the transitional reinsurance program in 2014 through 2016;
• Delay or repeal of the medical device tax;
• A prohibition on providing members of Congress and their staff subsidies for health coverage that they are required to obtain through insurance exchanges.

The measure DOES include a requirement that HHS certify its ability to verify the incomes of those receiving tax subsidies for the purchase of health insurance on the ACA exchanges.

Also included is an agreement to convene a Senate-House conference on a budget resolution, with a December 13 deadline to reach a final compromise. It is possible that health reform-related provisions could arise in these negotiations, especially if revenue offsets become necessary. NBCH will continue to monitor the situation as it develops and provide information to members as necessary.