what if the affordable care act (aca) is overturned?
DESCRIPTION
What if the Affordable Care Act is overturned? This brief slideshow explores what would happen to Meaningful Use, Accountable Care Organizations, and the effect on health care technology.TRANSCRIPT
What if the Affordable Care Act (ACA) is Overturned?
• Meaningful Use is NOT affected• EHR Incentives are under a separate
piece of legislation – The American Recovery and Reinvestment Act (ARRA)
Remember:
• Lower courts have differing opinions – doesn’t provide much insight for future of ACA
• Supreme Court is reading lower court opinions
• SCOTUS decision based on each individual Justice’s opinion
Outcome Speculation is Futile
• ACA has been in effect as a statutory law for 2 years now – Is it possible to go back now?
The ACA ship has already left the Port – 2 years ago!
• They’re okay!• Model will be moving forward
regardless• Use of Medicare claims data is
separately authorized
What about Accountable Care Organizations (ACOs)?
• Only funding will be impacted.• But! On ACO government contracts,
general provisions can be canceled at any time. However, there will be a transition period if funds or contract is canceled.
What about Accountable Care Organizations (ACOs)?
• It would be hard to proceed without a new statutory authority
• It would halt movement of the vast federal system in areas of quality, reporting and standards for health IT
• It would impact the utility and funding of the health IT adoption movement
If all of the ACA goes away…
• It would NOT stop adoption of interoperability and health IT – this movement has already been triggered
• Expect a decision before July 1st.
If all of the ACA goes away…
Potential Decision Paths
YesNo
Individual Mandate Implemented - 2014
Anti-Injunction Act (AIA)
Medicaid Expansion
No Yes Implementation Continues unless Ind. Mandate struck
down and found not severable now or after
2014 hearing
Individual Mandate
SeverableNot Severable
Expansion voided, but rest of ACA continues
Expansion voided and other ACA provisions may be deemed null
and void
No SeverableNot SeverableYes
If ‘Caid Expansion upheld, the last legal ACA
challenge is cleared and ACA proceeds with
implementationMandate voided, but
rest of ACA continuesSome or all other ACA
provisions may be deemed null and void
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