Affordable Care Act Overview

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The Affordable Care Act is a 2,700-page piece of legislation passed on March 23, 2010. The goal of the ACA is to reduce the number of uninsured Americans. The act's goal is not without controversy - approximately 30 lawsuits have been filed questioning Constitutionality of the ACA. This presentation gives a brief overview of the Affordable Care Act and what the main debate is all about.

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Affordable Care Act Overview

  1. 1. Affordable Care Act Overview
  2. 2. ACA BackgroundPatient Protection and Affordable Care Act of 2010,or PPACA – signed March 23, 2010.Health Care and Education Reconciliation Act of2010, or HCERA – signed March 30, 2010.PPACA + HCERA = Affordable Care Act, or ACA.
  3. 3. ACA GoalsReduce the number of uninsured Americansby:• Requiring employers to provide coverage(preferential tax treatment)• Requiring Americans to have coverage or bepenalized (individual mandate)
  4. 4. ACA GoalsReduce the number of uninsured Americansby:• Creating credits and subsidies if employer doesnot offer coverage• Expanding Medicaid by widening eligibilityrequirements
  5. 5. ACA GoalsReduce the number of uninsured Americansby:• Providing offsets to fund the law (taxes andMedicare cuts/changes)
  6. 6. ACA GoalsReduce the number of uninsured Americansby:• Providing offsets to fund the law (taxes andMedicare cuts/changes)
  7. 7. ACA ControversyApproximately 30 lawsuits filed (states,organizations, lawmakers, private citizens)Cases filed and appealed in federal courts: U.S. Circuit Plaintiffs’ Standing Anti-Injunction Act Ind. Mandate ‘Caid Expansion 3rd Circuit No Standing 4th Circuit ACA Cases Barred 6th Circuit Upheld 8th Circuit No Standing 9th Circuit No Standing 11th Circuit Struck Down Upheld D.C. Circuit Upheld
  8. 8. Challenging the Constitutionality2 appellate cases from Florida (11th Circuit) selected26 state Attorney Generals, National Federation ofIndependent Businesses and others included inappellate casesThe Supreme Court decision is expected beforeJuly 1st
  9. 9. The 4 Major Issues with ACA• Anti-Injunction Act (AIA) o Lawsuits over taxes cannot be heard before tax is assessed. o Is the fine for no coverage a penalty or a tax?2. Individual Mandate o Constitution delineates clear powers to federal and state government. o Under the Constitution, does Congress have the power to force Americans to buy coverage under threat of penalty?
  10. 10. The 4 Major Issues with ACA1. Medicaid Expansion o ACA extends coverage through expansions in Medicaid. o Is required state Medicaid expansion unduly coercive / violates federalism?2. Severability o Many ACA provisions are dependent upon Individual Mandate and Medicaid Expansion o If found unconstitutional, what of ACA can remain as severable?
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