Better Care Reconciliation Act Fails – Four Senators Now Oppose Procedural Motion

Tom Hospod
July 26, 2017

This blog was last updated on March 11, 2019

With Senators Rand Paul and Susan Collins stating their opposition to the revised Better Care Reconciliation Act (BCRA) last week, Majority Leader Mitch McConnell could not afford to lose any more votes on the procedural vote to bring the bill to the Senate floor. Last night, Senators Mike Lee and Jerry Moran both announced that they too would vote against the Motion to Proceed – effectively blocking the BCRA from even being considered by the Senate. Lee and Moran both cited the lack of transparency in drafting as their principal reasons for withholding their support, indicating that they wish to return to the drawing board and draft a bill that would do away with ACA regulations to a greater extent.

GOP leaders are now considering a number of different strategies for their ACA repeal. Senator John McCain has suggested that the GOP may have to work with Senate Democrats on a bill that would “fix” the ACA, rather than unilaterally drafting an entirely new law from scratch. The more conservative members of the caucus are advocating a blanket repeal now and a replacement bill at a later date. President Trump has also weighed in, suggesting that they should “let [the ACA] fail,” and then draft a “repeal and replace” measure.

Senator McConnell released the following statement on his intention for the Senate’s next move on healthcare:

In the coming days, the Senate will vote to take up the House bill with the first amendment in order being what a majority of the Senate has already supported in 2015 and that was vetoed by then-President Obama: a repeal of Obamacare with a two-year delay to provide for a stable transition period to a patient-centered healthcare system that gives Americans access to quality, affordable care.

However, this plan appears to be dead on arrival, as Senators Susan Collins, Lisa Murkowski, and Shelley Moore Capito have all refused to support a Motion to Proceed on such a bill.  

Senators Lindsey Graham and Bill Cassidy are also pushing for the Senate to consider taking up their bill, which they released the same day as the revised BCRA and offered a different approach that would devolve authority to the states.

As a result of this impasse, the ACA and its associated reporting obligations will remain the law of the land for the foreseeable future – pending any further legislative developments.

Sign up for Email Updates

Stay up to date with the latest tax and compliance updates that may impact your business.

Author

Tom Hospod

Tom Hospod is a Regulatory Counsel at Sovos Compliance. Within Sovos’ Regulatory Analysis function, Tom focuses om Affordable Care Act (ACA) reporting, Tax Withholding, and Automatic Exchange of Information (AEOI). Prior to Sovos, Tom worked as a legislative aide in the Massachusetts House of Representatives. Tom is a member of the Massachusetts Bar, earned his B.A. from Boston College and his J.D. from the University of Miami.
Share this post

Hungary Supplemental Insurance Premium Tax
EMEA IPT
July 11, 2022
Extra Profit Tax: An Introduction to Supplemental IPT in Hungary

This blog was last updated on October 28, 2024 Update 7 October 2024 by Edit Buliczka Hungarian Tax Office Updates IPT Declaration Form for 2023 The procedure necessary to correct an underdeclared premium figure in Hungary can be complicated. The complexity of a correction for return form 2320 has become even more challenging. Following a […]

2025 bond project
North America Tax Information Reporting
November 4, 2024
The Insurer’s Guide to the 2025 Bond Project

This blog was last updated on November 4, 2024 The regulatory landscape for insurance companies is undergoing significant changes with the Principles-Based Bond Project which is set to take effect on January 1, 2025. These changes, driven by the National Association of Insurance Commissioners (NAIC), will impact how insurance companies classify and value bond investments, […]

E-Invoicing Compliance EMEA VAT & Fiscal Reporting
November 1, 2024
New ViDA Proposal Set for ECOFIN Approval

This blog was last updated on November 1, 2024 The Council of the European Union has released a new proposal regarding the VAT in the Digital Age (ViDA) reform. The proposal aims to modernise and streamline VAT systems across the EU, notably e-invoicing and Continuous Transaction Controls (CTC). Members States will review it on 5 […]

what is peppol
E-Invoicing Compliance North America
October 29, 2024
What it is PEPPOL?

This blog was last updated on October 29, 2024 Peppol E-invoicing explained: What it is and how it works The global adoption of electronic invoicing is accelerating. Governments worldwide are pushing to adopt e-invoicing to digitally transform their national systems and, often, to close the VAT gap. While many countries have introduced their own e-invoicing […]

remote sellers sales tax
North America Sales & Use Tax
October 28, 2024
Will Congress Act to Simplify Remote Seller Sales Tax Collection

This blog was last updated on November 5, 2024 When the United States Supreme Court ruled in 2018, that South Dakota’s law imposing sales tax collection requirements on sellers without in-state physical presence was constitutional, it did not grant states free reign. States are still responsible for ensuring that their sales tax requirements are manageable, […]

dtc shipping laws for craft spirits
North America ShipCompliant
October 23, 2024
Why It’s Time to Reform DtC Shipping Laws for Craft Spirits

This blog was last updated on November 5, 2024 While wine lovers have enjoyed the convenience of direct-to-consumer (DtC) shipping for nearly two decades, the craft spirits market is still not afforded the same access. Outdated and restrictive spirits shipping laws have kept the spirits industry from fully leveraging the benefits of DtC shipping, leaving […]