August 16, 2017

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House Passes GOP Bill to Replace, Repeal the ACA

On Thursday afternoon, the House of Representatives passed the American Health Care Act, the GOP’s bill designed to repeal the Affordable Care Act (“ACA”). The bill narrowly passed by a vote of 217 to 213, with no Democratic support and 20 Republicans voting against it. 

The bill, if passed by the Senate in its current form, would repeal and replace large portions of the ACA, including eliminating the requirement that people have healthcare coverage or face a tax penalty. It also does away with the mandate that certain employers provide health insurance to their workers. In addition, the bill repeals many of the law’s taxes, increases the limit for tax-excluded health savings accounts, significantly overhauls Medicaid, and allows States to obtain waivers for pre-existing condition exclusion and essential health benefits requirements under the ACA. The bill also widens the age-band, allowing insurance companies to charge more for older enrollees. The bill does, however, keep some of the more popular aspects of the ACA (e.g., free coverage of preventative care and dependent coverage until age 26).

The bill next moves to the Senate where it will likely undergo several changes before heading to a final vote. Companies should continue to comply with the ACA, as it remains the law. 

© 2017 Andrews Kurth Kenyon LLP


About this Author

Marc D. Katz, Labor Law Attorney, Andrews Kurth Law Firm

Marc is the Chair of the firm's Labor & Employment section and focuses his practice on management-side labor and employment litigation and counseling. His experience includes drafting, negotiating and litigating non-competition and confidentiality agreements, trade secret litigation, state and federal employment discrimination cases, wage and hour issues, medical leave, FMLA and ADA compliance issues, class action employment cases, wrongful discharge, and defamation litigation.

Marc develops workplace policies and advises corporate clients on mass layoffs, reductions in force,...

Isabel Crosby, Labor & Employment Litigation Attorney

Isabel has experience representing employers as the first or second chair litigator in both state and federal courts and in administrative actions before the Department of Labor’s Office of Administrative Law Judges, the Occupational Safety & Health Review Commission, the Texas Education Agency, and the National Labor Relations Board.

Her practice focuses on negotiating settlements in anticipation of and during litigation and advising and counseling management on labor and employment issues, including those arising under Title VII, the ADA, the FLSA, the FMLA, OSHA, and the NLRA. Isabel also represents management at grievance hearings, board of trustee hearings, and internal meetings and has drafted responses to the EEOC and other government agencies. In addition, she provides management training on topics including workplace violence, the ADA, rightful discharges, the electronic workplace, wellness programs, effective documentation, and collective bargaining agreement compliance.

Michael “Todd” Mobley, andrewskurth, ERISA, health care, litigation";s:

Todd's practice focuses on complex ERISA litigation matters involving employee benefits and breach of ERISA fiduciary duty claims, as well as claims related to the Affordable Care Act and the Mental Health Parity and Addiction Equity Act. He has also represented multi-employer benefit funds seeking to collect withdrawal liability and delinquent contributions from contributing employers, and he has assisted numerous clients with U.S. Department of Labor audits and investigations. Todd maintains an active pro bono practice and has been recognized as Empire State...

Allison Reddoch, Andrews Kurth Law Firm, Labor and Employment Attorney

Allison's practice focuses on employment matters involving federal and state employment laws, including Title VII, TCHRA, ADAAA, ADEA, FLSA, FMLA, FCRA and USERRA. She counsels businesses, public entities, and nonprofits on various employment matters concerning contracts, employment and severance agreements, noncompetition and non-disclosure agreements, HR policies, training and employment handbooks.