Issue link: http://viewer.e-digitaledition.com/i/778134
BY LUCAS W. MURRAY, ESQ. THE NOVEMBER 8, 2016 election of Donald J. Trump as 45th President of the United States will certainly impact employers sponsoring hea lth care plans currently governed under the Patient Protection and Ažordable Care Act ("ACA") and employers providing medical care and services. It is important to first point out that as of now and until future notice, employers are required to comply with the ACA, including but not limited to its employer mandate and report- ing requirements. Although President Trump, members of Congress, and representatives of President Trump continue to state that the ACA will be repealed and replaced, they have not clearly explained what could actually replace it. A confirmation of this goal to repeal the ACA is the appointment of Tom Price as the Secretary of Health and Human Services. Mr. Price is a six-term Republican Congressman and twenty year practicing Orthopaedic Surgeon who has developed a 250-page piece of legislation entitled Empowering Patients First Act ("EPFA"). Until President Trump provides more specif- ics for the replacement of the ACA, employers must continue to plan for compliance; however, we can likely look to the EPFA and to President Trump's campaign as to the direction of the replacement. The following items highlight potential impacts on employers from the EPFA and President Trump: + Repea ls the ACA (removes employer and individual mandate); + A llows Flexible Spending Accounts a nd Hea lt h R ei mbu r sement A r ra n gement s a mounts to rollover into Hea lth Savings Accounts at its inception; + Allows Employers to grant pre-tax benefit to their employees for the employees' selection of employer plan or individual market plan; + Opens insurance competition across state lines; and + Provides credits to Small Employers (less than 50 employees) for implementing auto- enrollment or defined contribution options. Be sure to read, in the March-April issue of MD News, Part Two of this two-part series as it will likely come after new legislation has been enacted. NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice. Lucas W. Murray is an attorney with the law firm of Krugliak, Wilkins, Gri–ths & Dougherty Co., LPA, in Canton, Ohio. ■ EMPLOYER SPONSORED HEALTH CARE AND THE ACA UPDATE PART ONE: 2016 ELECTION 1 2 1 2L E G A L¤ E A S E