January 27, 2017- Compliance Observer Alert- President Trump’s ACA Executive Order

Compl Obs Header Alert_2016January 27, 2017

President Trump’s ACA Executive Order

Last week, as promised during his campaign, President Trump officially took a first step toward unraveling the ACA (the “Act”). In his first act as President, Trump signed  an Executive Order broadly directing federal agencies with authority and responsibility under the Act to waive, defer, grant exemptions from or delay the implementation of any provision or requirement of the Act that imposes any cost, fee, penalty or regulatory burden on any individual, health care provider, health insurer or purchaser of health insurance (among others).

The Order does not include specific guidance regarding any particular ACA requirement or provision, and does not, itself, effect any change or repeal the ACA.   The Order does, however, acknowledge that any required changes to applicable regulations will follow all administrative requirements and processes, including notice and comment periods.   As a result, until the new leaders of federal agencies are in place, it is difficult to know how the ACA will be specifically impacted.

What Should Employers Do?

No ACA provisions or requirements have been eliminated or delayed at this time as a result of President Trump’s actions. Employers should continue to comply with all current regulations and requirements under the Act, including the obligation to file and furnish Forms 1094-C and 1095-C, if considered an applicable large employer.

We will continue to closely monitor this situation as it develops, especially as it relates to the responsibilities of employers.

Please contact your AssuredPartners Benefits Team if you have questions or need assistance with this topic or other compliance matters

Information contained herein is for educational and/or informational purposes only. The information provided may change over time as the laws and regulations change. This information is not, nor is it intended to be, legal advice and each employer or client should seek their own legal counsel for guidance regarding individual situations.

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