In March 2010 the Patient Protection and Affordable Care Act (ACA) became law. Since that time, states began planning for implementation and some also filed lawsuits challenging ACA’s constitutionality. 

The 112^th Congress that convened in January has weighed in. Last month, the US House of Representatives voted to repeal ACA and has charged several committees with working on a replacement bill. The US Senate will also vote on repealing ACA, as early as this week. The repeal vote in the Senate is not expected to pass and the President has pledged to veto repeal legislation. Both political parties do agree that certain provisions in ACA, specifically a tax-filing requirement on small businesses, should be eliminated but disagree on how to pay for the fix.

Despite Congressional votes, it seems that the U.S. Supreme Court may ultimately decide the ACA’s final outcome. In response to lawsuits filed against ACA, two federal judges have already ruled it partially or wholly unconstitutional, but two others have upheld the law. These lawsuits have been appealed and it could take 1-2 years before the cases reach the Supreme Court. Many states, including some that filed lawsuits, are continuing their implementation efforts (read about Colorado’s work to date) while others are re-evaluating their efforts. In the meantime, ACA provisions continue to roll out.