Implementing Health Reform: A Summer Lull

Timothy Jost
Washington and Lee University

The late summer doldrums and the impending election seem to have dampened federal Affordable Care Act regulatory activities. In late August, HHS announced additional funding for consumer assistance, exchange establishment, and COOP grants. HHS has also been holding regional teleconferences with stakeholders to discuss ACA implementation. Despite the fact that major rules are needed very soon to address numerous 2014 implementation issues (notably the essential health benefits and the 2014 market reforms), the issuance of regulations, and even guidance, has slowed to a crawl.

HHS did, however, release a rule and an interim final rule addressing fairly technical health reform issues in late August. And the Internal Revenue Service (IRS) issued two notices addressing how employers should determine whether employees are full-time or part-time — and consequently whether the employer will owe a penalty if the employee is not offered affordable coverage and obtains subsidized coverage through an exchange — and how employers should comply with the 90-day limit on the waiting period before full-time employers are offered coverage.

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