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Jefferson Chamber Health Care Reform Conference. How Will The Affordable Care Act Affect My Business? Legal Background and Issues March 21, 2013 Charles F. Castille, Esq. Adams and Reese LLP | 225.378.3227 | charles.castille@arlaw.com. Major Provisions of Affordable Care Act.
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Jefferson Chamber Health Care Reform Conference How Will The Affordable Care Act Affect My Business? Legal Background and Issues March 21, 2013 Charles F. Castille, Esq. Adams and Reese LLP | 225.378.3227 | charles.castille@arlaw.com
Major Provisions of Affordable Care Act • Individual Mandate • Required Purchase of Health Insurance • Shared Responsibility Payment • Health Insurance Exchanges • Tax Credits • Cost Sharing Subsidies
Major Provisions of Affordable Care Act • Medicaid Expansion • 138% of Federal Poverty Level (FPL) (133% of FPL and 5% Income Disregard = 138% FPL) • Reduction of Disproportionate Share Hospital (DSH) Payments • 50% Reduction • Maintenance of Effort • Medicaid Eligibility Frozen Until 2014
Legal Challenges to ACA • National Federation of Independent Business v. Sebelius • Alleged individual mandate unconstitutional • Florida v. Department of Health and Human Services • 26 states (including Louisiana) sued to overturn ACA • Alleged individual mandate and Medicaid expansion unconstitutional • Cases consolidated by U.S. Supreme Court
Supreme Court Decision • Holding (5 - 4) decision • Individual Mandate • Constitutional Under Federal Taxing Power • Medicaid Expansion • Unconstitutional as Required by ACA • Optional for States
Post Election Observations • Status of ACA • “Elections matter” • “Law of the land” • Possible impact of federal deficit reduction on ACA
State Decisions • Health Insurance Exchange • Louisiana opted for a Federally Facilitated Exchange (FFE) • Medicaid Expansion • Governor Jindal has refused to expand Medicaid in Louisiana • “Arkansas deal”?
Hidden Surprise for Employers • Why should business care about Medicaid expansion? • Jackson Hewitt Study • Possible negative impact on employers if Louisiana does not expand Medicaid • $51.7 to $77.6 million per year
Jefferson Chamber Health Care Reform Conference How Will The Affordable Care Act Affect My Business? Legal Background and Issues Charles F. Castille, Esq. Adams and Reese LLP | 225.378.3227 | charles.castille@arlaw.com