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.

1. What if the Affordable Care Act
(ACA) is Overturned?

2. Most Important
• Meaningful Use is NOT affected
• EHR Incentives are under a separate
piece of legislation – The American
Recovery and Reinvestment Act
(ARRA)

3. Outcome Speculation is Futile
• 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

4. The ACA ship has already left
the Port – 2 years ago!
• ACA has been in effect as a statutory
law for 2 years now – Is it possible to
go back now?

5. What about Accountable Care
Organizations (ACOs)?
• They’re okay!
• Model will be moving forward
regardless
• Use of Medicare claims data is
separately authorized

6. 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.

7. If all of the ACA goes away…
• 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

8. 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.

9. Potential Decision
Paths

10. No Anti-Injunction Act (AIA) Yes
Medicaid Expansion
Not Severable No Severable Yes Implementation Continues
unless Ind. Mandate struck
Expansion voided, but down and found not
Expansion voided and
rest of ACA continues severable now or after
other ACA provisions
2014 hearing
may be deemed null
and void
Individual Mandate
If ‘Caid Expansion upheld,
Not Severable No Severable the last legal ACA
Yes challenge is cleared and
Some or all other ACA Mandate voided, but ACA proceeds with
provisions may be rest of ACA continues implementation
deemed null and void
Individual Mandate Implemented - 2014

11. Learn more!
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