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ACA Repeal and Replace Bill

Posted by Barbara J. Zabawa | Mar 06, 2017 | 0 Comments

Here is a copy of the ACA Repeal and Replace Bill proposed by the House Republicans.  It removes the individual mandate and replaces it with a continuous coverage incentive.  That is, if an individual cannot demonstrate that they did not have a gap in health insurance coverage for more than 63 continuous days in a year, an insurer can charge that individual 30% more in premium.  The Bill also creates a "Patient and State Stability Fund," which allocates money to states to be used for a variety of purposes spelled out in the Bill.  Many of the purposes are to help stabilize the individual health insurance market.   Other purposes include promoting participation in the individual and small group market and promoting access to preventive services.  The Bill allows insurers to vary premiums by age by 5:1 (or more if the State so provides) instead of 3:1 under the ACA, makes significant changes to Medicaid (such as setting target expenditures in Medicaid) and removes funding from the Prevention and Public Health Fund. The Bill also prohibits federal funding to for one year to health centers that conduct abortions except in the case of rape, incest or endangers the life of the mother.  The Bill DOES NOT impact the ACA nondiscrimination rules as applied to workplace wellness programs or the nondiscrimination provision relating to provider license types.  As these proposed changes become more clear, the Center for Health and Wellness Law, LLC will provide updates.

About the Author

Barbara J. Zabawa

Barbara is lead author of the book Rule the Rules on Workplace Wellness Programs, published by the American Bar Association. She is a frequent writer and speaker on health and wellness law topics, having presented for national organizations such as WELCOA, National Wellness Institute, HPLive, Healthstat University and HERO. Barbara J. Zabawa is a Clinical Assistant Professor for the University of Wisconsin Milwaukee College of Health Sciences, Department of Health Services Administration where she teaches graduate and undergraduate courses in health law and compliance, US health care delivery and health professions career development. Barbara also owns the Center for Health and Wellness Law, LLC a law firm dedicated to improving legal access and compliance for the health and wellness industries.  Before graduating with honors from the University of Wisconsin Law School, she obtained an MPH degree from the University of Michigan. Immediately prior to starting her own firm, she was Associate General Counsel and HIPAA Privacy Officer for a large health insurer where she advised on Affordable Care Act matters. She was also a shareholder and Health Law Team Leader at a large Wisconsin law firm. Barbara serves health and wellness professionals and organizations across the country as an advocate, a transactional lawyer and a compliance resource. Her commitment to improving health and wellness also shows through her community service. Barbara founded the Wellness Compliance Institute, a nonprofit organization that seeks to improve wellness program and activity compliance. She also is a Board Member for the Rogers Memorial Hospital Foundation, a health care organization that specializes in treating mental illness and she chairs the State Bar of Wisconsin Health Law Section. Barbara is licensed to practice law in both Wisconsin and New York.


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