11 Nov 2016 To Our Clients: Trumping the Affordable Care Act?
One of the things President-elect Trump and the Republican Party would like to do is repeal the Affordable Care Act, or “Obamacare,” on day 1 of the new administration. Big words… Taking health insurance coverage away from people without an alternative solution would almost certainly usher in public health and political chaos. And some measures in the ACA, such as guaranteed coverage of pre-existing conditions, are popular across party lines. The bottom line: no one is sure what to expect yet on this.
What I do know is that clients and agencies are already asking me and my fellow ART attorneys: How does this affect my surrogate’s insurance? And, for non-U.S. resident intended parents, how would repealing the ACA impact the possibility of getting a child-only policy (or coverage) for a baby/babies born via surrogacy in the U.S.?
First, there is no need to panic… we don’t know yet what exactly will happen.
Second, if the Affordable Care Act is repealed, it will have to be phased out gradually… at least over a year.
Think back to what it took to get ready for the ACA. For many health-care companies, it took two to three years of developing plans and provider networks and marketing these plans. There's a lot of work required to implement any new program. The details of exactly what, if anything, would replace the Affordable Care Act and how that transition would occur have been vague. It may likely take the form of removing some of the mandated coverage so that insurers and insured can craft more customized policies instead of one-size-fits-all policies.
Third, we advise that anyone with questions speak directly with experienced insurance brokers. They are the experts and will be able to provide more comprehensive advice about all the insurance options and implications.
The 2016 election results left many of us stunned and uncertain about what the future holds for ethnic minorities, Muslims, undocumented immigrants, women and LGBT people. One thing we can do to prepare for the future is to reassure our clients that, in regard to the potential revocation of the Affordable Care Act, there is still time to take stock, plan ahead and prepare to safeguard our reproductive options.
Read more of our reporting about the Affordable Care Act in regard to assisted reproductive technology and other fertility services here and here.