Recommendations to the Trump Administration Regarding the Patient Protection and Affordable Care Act

SUMMARY

The Health Law Committee (Kathleen M. Burke, Chair) sent a transition memo to the Trump Administration arguing against repeal of the Patient Protection and Affordable Care Act (the “ACA”) without a viable replacement.  The Committee noted that it is comprised of healthcare lawyers representing a wide range of healthcare stakeholders, each of whom may wish to see different aspects of the ACA changed or remain intact.  As explained by the Committee, “we are not writing to take a position on whether or which aspects of the ACA should be changed. Instead, consistent with the City Bar’s commitment to the fair administration of laws, the Health Law Committee urges the Administration and Congress not to repeal the ACA, in whole or in part, without a clear and viable replacement for the repealed provisions. The U.S. and New York healthcare systems, like all industries, cannot thrive in an unstable regulatory environment. Before any action is taken to repeal the ACA, the Administration and Congress should first develop, and simultaneously adopt, a comprehensive replacement plan.”  According to the Committee, this approach would avoid:  (i) creating a regulatory void and legal uncertainty, (ii) threatening the stability of the health insurance market, and (iii) jeopardizing the health and safety of millions of individuals.