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Draft Legislative Text of McArthur Amendment Offers More Details on Proposed AHCA Changes

April 26, 2017

McDermott+Consulting

On Tuesday, House Republican leaders circulated draft legislative language offering more details about the AHCA amendment developed by Reps. McArthur and Meadows.

The text confirms that under the proposed change, states would have the option of waiving a range of insurance requirements included in the ACA, such as essential health benefits, community rating and age rating rules. In requesting a waiver from HHS, a state would have to indicate that the action would accomplish one of five possible outcomes in the state:  reduce average premiums, increase health insurance enrollment, stabilize the health insurance coverage market, stabilize premiums for individuals with pre-existing conditions or increase the choice of health plans.  In addition, the state may also have to offer a high-risk pool or utilize the stability funds authorized in AHCA to mitigate the impact of such changes.   While it is expected that this amendment will gain the support of additional Republican members, it is still unclear whether it is enough to get Republicans to the 216 votes they need to pass repeal and replace legislation in the House.

The text of the draft amendment can be found here.

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