Washington Watch: Congress Faces Key Deadlines

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Washington Watch: Congress Faces Key Deadlines

House Passes Bills Targeting ACA Health Insurance Mandates; Congress Continues to Monitor Implementation


In July, the House of Representatives passed legislation that would delay two key mandates included in the ACA. By a vote of 264-161, the House approved H.R. 2667, Authority for Mandate Delay Act, a bill authored by Rep. Tim Griffin (R-AR) that would delay until 2015 enforcement of the ACA’s requirement that large employers offer full-time employees the opportunity to enroll in minimum essential health care coverage. The legislation also delays the effective date of related reporting requirements. Thirty-five Democrats joined nearly all Republicans in supporting the legislation.

The House considered a second bill, H.R. 2668, Fairness for American Families Act, authored by Rep. Todd Young (R-IN). The legislation would delay the ACA’s requirement that individuals maintain minimum essential healthcare coverage until 2015. The House approved the bill by a vote of 251-174, with 22 Democrats voting in the affirmative and one Republican voting in opposition.

Both bills were introduced and brought to the floor following the Department of the Treasury’s announcement on July 2nd that the ACA’s employer healthcare insurance mandate would be delayed until 2015. The White House issued a veto threat on both bills, and the Senate is not expected to take action on either bill.

Despite the delay of the employer mandate, newly confirmed Centers for Medicare and Medicaid Services (CMS) Administrator, Marilyn Tavenner, told Congress that key ACA deadlines would be met over the next several months. Tavenner said that the final health insurance exchange application will be finished by August 31, and that insurance rates for the Federal exchanges will be published in September. She also indicated that health insurance exchanges will be open for enrollment by the scheduled October 1 deadline. Congressional Republicans have continued to express doubts that components of the law will be implemented on time, and have argued that the decision to delay the employer mandate is evidence that it is behind schedule.

Other provisions of the law, including Medicaid pay parity with Medicare for primary care providers, have also faced delays. CMS issued the Final Rule in November 2012, which outlined the physician groups that are eligible for the pay boost. The two-year pay parity was set to take effect on January 1, 2013, but as of July less than 15 states had implemented the pay increase.

Over one-fourth of Republicans in the House and Senate have written letters urging opposition to any government funding bills that continue to include money for ACA implementation. The Senate effort to deny further funding for the ACA is led by Senators Mike Lee (R-UT), Ted Cruz (R-TX), and Marco Rubio (R-FL). The effort would not impact mandatory spending under the law, such as the Medicaid expansion, but would cut off further Federal funding for items such as outreach programs, marketing and promotion of the law, and additional rule-making. Congressional Democratic leadership has said they will block efforts to defund the ACA.

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