When the Affordable Care Act was signed into law nearly eight years ago, there was a lot of criticism about a number of different provisions. Some said that the guaranteed issue rule, while noble in its goal to allow anyone who wants health insurance to buy health insurance, would lead to adverse selection and higher insurance rates. Others said that the premium tax credits and expanded Medicaid would blow up the budget. And still others said that the modified adjusted community rating provision would hurt a carrier’s ability to rate based on risk. Even with all that criticism, it could be argued that the two most controversial and unpopular provisions of the massive health care law were the individual and employer mandates. And now, eight years later, those two provisions are both in the news again.

It’s now been a year since the 2016 presidential election and nearly ten months since inauguration day. By now, most of us expected major portions of the Affordable Care Act to be repealed and thought the individual mandate would be one of the first parts to go. That hasn’t happened, of course, which means that our clients are still required to purchase health insurance or face a penalty under the ACA’s shared responsibility provision.