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individual mandate

Posted May 8th, 2018 in Employers, Producers, Individuals

There seems to be a lot of confusion about the status of the Individual Mandate, so we thought it would be appropriate to provide some clarification on its status.

Posted March 13th, 2018 in Producers, Employers, Individuals
The Idaho Test – Last Thursday, the Centers for Medicare and Medicaid Services (CMS) shot down the state of Idaho’s plan to allow for the sale of health insurance plans which don’t comply with the Affordable Care Act (ACA). Idaho officials wanted less expensive plans to be available for purchase in their state, but these plans could use medical underwriting and wouldn’t have to cover all ten of the essential health benefits.
Posted March 6th, 2018 in Producers, Employers, Individuals
In 2012, a lawsuit challenging the constitutionality of the Affordable Care Act (ACA) found its way all the up to the U.S. Supreme Court. At the time, an argument was made that the Individual Mandate was not constitutional. The Individual Mandate requires most Americans to have health insurance or pay a penalty, and this provision has been considered the main crutch that has kept the ACA standing. 
 
Posted January 23rd, 2018 in Producers, Employers, Individuals
Last night, President Donald Trump signed into law a temporary spending bill which ends the government shutdown and funds federal spending obligations for the next few weeks. The spending bill also included a few healthcare surprises. The bill suspends or delays three taxes that were created by the Affordable Care Act (ACA).
 
Posted December 26th, 2017 in Individuals, Producers, Employers

The Tax Cuts and Jobs Act, also known as the Tax Act, was signed into law on December 22, 2017. The Tax Act makes several changes to the existing tax code, including the repeal of the Individual Mandate (kind of, sort of). The Individual Mandate was not literally repealed by the Tax Act, but the penalty for failing to have minimum essential coverage (e.g., health insurance) has been reduced to $0 starting on January 1, 2019. This is effectively the equivalent of repeal; however, the Individual Mandate will still be applicable for the 2017 and 2018 tax years. This change to the Individual Mandate has spurred numerous questions and/or speculations, including:

Posted November 1st, 2017 in Producers, Employers, Individuals
As you may have heard, the Trump administration discontinued funding for the cost-sharing reduction subsidies (CSR subsidies). Critics of this move believe it will create instability in the Exchange and individual marketplaces. Political efforts to restore the CSR subsidies are underway, but it appears Republican leadership has some demands as part of those restoration efforts.
Posted September 26th, 2017 in Producers, Employers, Individuals

Spoiler Alert: The answer is no.

Senators Lindsey Graham (R-SC) and Bill Cassidy (R-LA) have been spearheading efforts to repeal and replace substantial parts of the Affordable Care Act (ACA). While there are many changes that the so-called “Graham-Cassidy” bill would make to the ACA, there are really three main themes that stand out:
 
Posted September 21st, 2017 in Producers, Employers, Individuals
The so-called Individual Mandate has been considered a widely unpopular provision of the Affordable Care Act (ACA) which most Republicans want to repeal and even several Democrats want to change. As members of Congress talk about the various ways the ACA could be modified or improved, options to change the Individual Mandate are being explored.  
 
Posted June 13th, 2017 in Producers, Employers, Individuals
Under the Obama administration, the Department of Health and Human Services (HHS) issued regulatory guidance which shortened the maximum duration of Short-Term Medical (STM) insurance plans to less than 3 months (90 days). This was fully implemented as of April 1, 2017. 
 
Posted May 30th, 2017 in Producers, Employers, Individuals

Unless or until the Affordable Care Act (ACA) is repealed, the Individual and Employer Mandates remain intact, and earlier this month the Internal Revenue Service (IRS) issued some regulatory guidance pertaining to the two mandates for 2018.