The ACA continues to be in effect
On Tuesday, September 26, 2017, the Senate acknowledged that the attempt to reform the Affordable Care Act did not have the votes necessary to pass the Senate. This most recent bill was the last attempt, backed by Senate Republican leadership, to pass a partisan measure to partially repeal and replace the Affordable Care Act. Under budget reconciliation, the bill could have passed the Senate with a simple majority vote, which was not the case.
Now that the clock has officially run out for the fiscal year 2017 budget, ACA repeal and replace efforts do not appear to have a path forward in the near future. Republican leadership have indicated that they will move on to other priorities at this time, particularly tax reform. There is still recognition that there is work to be done on the ACA. How they proceed remains up in the air at this time.
The ACA and all its provisions still continue to be the law of the land. This is inclusive of Employer Shared Responsibility provisions.
Compliance will continue to monitor for any developments in Congress.