“Outside of Capitol Hill, the best bet for insurers and others tied to the marketplaces is to continue on as usual, said Rosemarie Day, a health insurance consultant in Somerville, Mass. “As a practical matter, any reputable entity is continuing forward with the ACA as is,” she said. “There’s nothing legally that has changed.”
If you “look at the midterm election results; you look at healthcare being such a primary issue, and you look at the fact that Congress never ended up repealing the ACA… the reality is that the politics haven’t been there to support such an all-out repeal. That’s why it’s really unlikely that… if it even got to [the Supreme Court] level,” that the court would declare the law unconstitutional, because the court “has to take into account all the things that happened, including how Congress acted,” she stated.
Day said she would advise insurers instead that “what you still need to be paying attention to is what the administration is doing through administrative action,” like permitting short-term limited duration plans to be sold. “Those are the things you’ve got to be watching.””
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