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Potential Implications to the ACA Under the Incoming Republican Administration – Part II: Physicians

By Martin L. Monaco, Jr., William L. Weiner & Richard L. Spees on January 23, 2017
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In contemplating the ways in which physicians may be affected by the possible repeal of the Affordable Care Act (ACA)—and certain features of any legislation that may replace it—a good place to start is with the person selected by President Trump to be the Secretary of the Department of Health and Human Services (HHS) – Representative Tom Price of Georgia, a physician himself. If confirmed, Dr. Price would be only the third physician in the 63-year history of HHS and its predecessor, the Department of Health, Education and Welfare, to serve as Secretary. Among other things, HHS controls Medicare, Medicaid, and the Affordable Care Act’s Federal health insurance exchange.

As a Congressman, Dr. Price introduced legislation to repeal the ACA, including its expansion of Medicaid and subsidies for the purchase of private insurance, spearheaded efforts to correct flaws in Medicare’s formula for paying physicians, and supported changes in malpractice laws so as to make it easier for physicians to defend themselves. He also supported changes in Medicare that would permit physicians to avoid fee limits by entering into agreements with patients, and favored changes in antitrust laws that would increase physicians’ bargaining leverage in negotiating reimbursement rates with commercial third-party payers. These last items were not signed into law, but provide a glimpse into Dr. Price’s mindset as an administrator.

Based upon a review of President Trump’s position paper on healthcare reform released during the campaign, and referenced in an earlier post on this blog, as well as certain statements made at that time, there is evidence that approximately 20 million people who gained health insurance coverage under the ACA may lose their healthcare insurance. As covered lives are removed from the health insurance rolls due to the likely elimination of subsidies, the repeal of the individual mandate, the defunding of the Medicaid expansion, as well as the possible loss of coverage to those individuals with pre-existing conditions, together with young adults ages 18 – 26, will physicians in private practice continue to treat people they know have no coverage and little or no ability to pay? If not, these people shall likely be forced to seek care through their local hospitals’ emergency rooms, thereby increasing the burden—both financially, in terms of uncompensated care, and with respect to the number of patients to be treated—on such emergency rooms.

While it may be early to speculate on the impact of possible repeal or reconciliation of the ACA, the economic effects of these changes must be considered by the lawmakers and anticipated by the provider community.  While the only constant in life is change, drastic change in this arena has a domino effect to which all parties must be aware.

Photo of Martin L. Monaco, Jr. Martin L. Monaco, Jr.

Martin Monaco, Jr. represents healthcare providers in governance, regulatory, tax, joint venture, and mergers and acquisitions matters. With an MBA and an LL.M. in taxation, Martin’s national practice provides legal counsel based in a practical understanding of the demands and shifting business…

Martin Monaco, Jr. represents healthcare providers in governance, regulatory, tax, joint venture, and mergers and acquisitions matters. With an MBA and an LL.M. in taxation, Martin’s national practice provides legal counsel based in a practical understanding of the demands and shifting business and tax landscape of the healthcare sector. With a practice counseling myriad sector participants, Martin counsel hospitals, nursing homes, universities, ambulatory surgery centers, medical device companies, specialty pharmacies, and single and multispecialty medical practices.

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Photo of William L. Weiner William L. Weiner

Bill Weiner represents physicians, group practices, and other privately-held companies on matters of healthcare law. In addition, he serves as outside corporate counsel for a large, international manufacturing company, headquartered in Canada and with facilities throughout the U.S. and U.K. He focuses his…

Bill Weiner represents physicians, group practices, and other privately-held companies on matters of healthcare law. In addition, he serves as outside corporate counsel for a large, international manufacturing company, headquartered in Canada and with facilities throughout the U.S. and U.K. He focuses his practice on healthcare commercial transactions and counsels physicians and their practices on billing and reimbursement, corporate governance, medical staff and regulatory issues, licensing and credentialing, government audits, HIPAA/privacy, the corporate practice of medicine, and the sale, merger, and reacquisition of practices.

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Photo of Richard L. Spees Richard L. Spees

With experience working on Capitol Hill, and decades of advocacy on behalf of clients before federal agencies, Rick Spees represents public and private entities in their interactions with the government, helping them secure funding from executive agencies and address issues raised by complex…

With experience working on Capitol Hill, and decades of advocacy on behalf of clients before federal agencies, Rick Spees represents public and private entities in their interactions with the government, helping them secure funding from executive agencies and address issues raised by complex laws and regulations. Rick represents a wide range of clients in the education, government, healthcare, and transportation sectors, including cities, counties, transit authorities, educational institutions, science centers, hospital systems, and other corporations. Prior to private practice, Rick served in a number of positions in the U.S. Senate, including three years as the staff director and chief counsel of the Appropriations Subcommittee on the Departments of Commerce, Justice, State, Judiciary, and Related Agencies. He also served on the Senate Judiciary Committee and as a legislative assistant for Senator Paul Laxalt (R-Nevada).

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Health Law Rx
  • Organization:
    Akerman LLP
  • Article: View Original Source

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