The failure of the House bill to repeal and replace the Affordable Care Act
has complex political and policy implications
that are hard to assess. House Republicans
have been in ongoing discussions on a new
bill; but whether they can reach consensus,
and whether any bill they produce can pass
the Senate, remains uncertain.
For the foreseeable future, therefore, the
ACA remains the law of the land. The House
bill would have zeroed out the penalties on
covered employers that fail to make qualified offers of health coverage, but the bill’s
failure leaves the ACA’s “play or pay” rules
in full force and effect. The employer reporting rules also will still apply. Hence, employers should continue to use their best efforts
to comply with those rules. How stringently
the government will enforce the rules is
another question.
Within hours of assuming office, Presi-
dent Trump issued an executive order direct-
ing his agency heads to do all they can
within the scope of their authority to reduce
the ACA’s regulatory burdens. This suggests
that there will be no push to enforce the
employer mandate. If that proves true, it
wouldn’t be a change in policy from the prior
administration. Since the employer mandate
became effective Jan. 1, 2015, we haven’t
received a single report of a staffing firm
having been audited, much less penalized—
which squares with the assertion made
earlier this year by a respected national
Inside
Trump Signs Resolution to Strike
Down ‘Volks’ Recordkeeping Rule
Page 4
NLRB Joint Employer Ruling Prompts
States to Take Action
Page 7
ASA, Industry Oppose California Bill
Limiting Use of Temporary Employees
Page 12
‘Play or Pay’ Rules Still in Effect, Employer Reporting Remains
ACA Survives: What It Means for Employers
7
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