On September 26, Senate Republican leadership determined the Graham-Cassidy bill, which would repeal and replace parts of the Affordable Care Act (ACA), did not have enough support to bring up for a vote by the Senate. This bill was the Senate’s final attempt to repeal and replace the ACA under the fiscal year 2017 reconciliation rules, which expire on September 30.

What’s Next for the ACA and Health Care Reform?

Before Senate Republicans focused their efforts on the Graham-Cassidy bill, the Senate Health, Education, Labor, and Pensions (HELP) Committee held bipartisan hearings to discuss “actions Congress should take to stabilize and strengthen the individual health insurance market” in 2018. With the 2017 reconciliation deadline passing, it’s possible bipartisan efforts will now resume since Republicans do not have enough votes to pass a bill without Democratic support.

Republican leadership in Congress could also start the reconciliation process over again for the 2018 fiscal year. Restarting the reconciliation process would require a 2018 budget resolution with the appropriate instructions for reconciliation to pass both chambers of Congress, then 2018 bills would need to be drafted and voted on in both chambers. An identical bill must pass both chambers before the President can sign into law.

ACA Remains the Law of the Land once again
Ongoing compliance with the ACA is required unless and until official guidance to the contrary is issued.

We will keep posted.