Ladies and gentlemen,
I am in my first year studying European law and have to write an essay on a legal question concerning a topic of our interest. I am very passionate about the healthcare issue but cannot seem to find an interesting legal issue concerning the switch from ObamaCare to TrumpCare, do you by any chance have knowledge of a pressing issue, with the law, that will arise if TrumpCare is (hopefully not) put into place?
I am very grateful for your help,
To the question: "are there legal issues with switching from what is known as ObamaCare to what is known as TrumpCare?" The answer is potentially yes.
Speaking very generally, the issues arise from the fact that some of the Affordable Care Act's provisions create a legal obligation for the state and/or entities such as insurers to do things such as offer essential health benefits, fund subsidies, expand Medicaid, or for the IRS to collect the fee for not having coverage.
In the past these obligations had to be fought with Court cases, for example the mandate for employers to cover contraceptives, the requirement to pay insurers for cost-sharing reduction subsidies, and the requirements to expand Medicaid under Medicaid expansion.
Not all provisions are like this, but the ones that are remain the law until the law would be changed.
Thus, if what is known as TrumpCare (a collection of rules and potential legislations) changes the law via the legislative process, then most pitfalls are avoided. If however, TrumpCare is attempted via executive order and the budget process, it is likely there will be pushback.
Further, TrumpCare will be subject to the same conditions as ObamaCare. That is, one would expect many provisions will see their day in Court. Where conservative law-firms organized to do things like undo aspects of Medicaid expansion, one can be very sure progressive and liberal law-firms will ensure against any controversial provisions in healthcare.
In short, there is a ton of legal issues to consider. Some arising from it being difficult to change a law in motion, some arising from the fact that contested provisions can easily see their day in court.
That is the very generic answer, each specific provision in the ACA and in TrumpCare should meanwhile be considered on their own merit and in terms of what process they are going to be passed or fought through.