Aon Washington Report

June 26, 2017

Note to Subscribers: The Washington Report Will Not Be Published on Monday, July 3, 2017

The Washington Report will not be published on Monday, July 3, 2017. Look for your next Aon Washington Report on Monday, July 10, 2017. Have a safe and enjoyable holiday!

Legislative

Senate Republicans Reveal Discussion Draft of ACA "Repeal and Replace" Bill; CBO Report Expected Today

Last week, Senate Republicans released a discussion draft of legislation (the Better Care Reconciliation Act of 2017—BCRA) designed to “repeal and replace” the Patient Protection and Affordable Care Act (ACA). The Congressional Budget Office (CBO) is expected to provide its cost estimate on the BCRA sometime today. Please see the Aon bulletin “Senate GOP Releases Discussion Draft of ACA 'Repeal and Replace' Bill” below for additional information.

Aon Publications

Senate GOP Releases Discussion Draft of ACA “Repeal and Replace” Bill

Senate Republicans unveiled a discussion draft of legislation that would amend the House-passed American Health Care Act (AHCA) and is designed to “repeal and replace” the Patient Protection and Affordable Care Act (ACA). The draft, entitled the Better Care Reconciliation Act of 2017 (BCRA), retains the structure of the AHCA, but makes substantial changes to several of the AHCA’s provisions, including Medicaid financing, the ability of states to regulate health insurance markets, and tax credits for individuals to purchase health insurance coverage.

With respect to employer group plans, the BCRA would:

• Eliminate the employer mandate penalty retroactively to 2016 (but does not address employer reporting);
• Repeal certain tax provisions, including the health insurance carrier tax and additional Medicare tax on high income earners;
• Expand use of Health Savings Accounts (HSAs);
• Remove the cap on contributions to health care flexible spending accounts (FSAs); and
• Delay the implementation of the Cadillac tax to 2026.

The Aon bulletin, which provides an overview of the BCRA, is available here.

Departments Issue an FAQ on Mental Health and Substance Use Disorder Parity

The Departments of the Treasury, Labor, and Health and Human Services have issued Frequently Asked Question Part 38 and a Request for Comments related to the Mental Health Parity and Addiction Equity Act of 2008.

The Aon bulletin, which provides an overview of the guidance, is available here.