The healthcare industry is waiting anxiously to see how the Republican Congress will change the Affordable Care Act, especially given the Senate’s January approval of a measure that fast-tracks the repeal process.
The final OIG exclusion rules “harken back to proposals made in 2014, a number of which implement sections of the Affordable Care Act,” says Elizabeth B. Carder-Thompson, healthcare regulatory attorney at Reed Smith, and so it’s only natural to wonder what will happen to the exclusion rules if Obamacare is repealed.
The ACA may have authorized OIG’s expansion of power, but Sheree Kanner, former CMS attorney and current healthcare attorney at Hogan Lovells in Washington D.C., believes the exclusion rules aren’t going anywhere. “Enforcement of healthcare fraud and abuse laws is bipartisan,” she says. “We don’t expect the new administration to roll back these rules as they might with others adopted in the final days of the Obama administration.”
Take the long view: The repeal of Obamacare and implementation of another program will take a long time – a full repeal isn’t expected until at least 2018, due to the political pressures involved. So the exclusion rules are here to stay for quite some time.