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25 Voice Experience 1 (2013-2014)

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ACA Highlights: How the New Law

Affects Seniors and their Families

By Michael A. Kirtland and Catherine A. Seal


A        ith the re-election of
         Barack Obama as forty-
         fourth president of the
United States, we now have some
certainty concerning federal health-
care legislation and its impact for
the future. The Patient Protection
and Affordable Care Act, commonly
known as Obama Care and, for pur-
poses of this article, the Affordable
Care Act or ACA, was signed into
law by the president on March 23,
2010, but its provisions are designed
to be phased into law over a number
of years.
  As a result of passage of the ACA,
a number of state attorneys general
challenged the constitutionality of
the Act, with the U.S. Supreme
Court deciding in favor of consti-
tutionality by a split decision. In
the recent presidential election, the
Republican candidate had vowed as
part of the party platform to repeal
the legislation, causing concern and
confusion as to what future health-
care policy in the United States
would look like. While opponents in
Congress may still seek repeal, with
the reelection of President Obama
and the make-up of the Congress,
it is likely the law will phase into
existence as planned.
   Some portions of the law have


already been phased in. These
include some of the more popu-
lar portions of the Act. Under the
new law already in effect, children
can be kept on their parent's health
insurance until reaching age 26. This
provision allows college students and
adult children in jobs that do not pro-
vide health insurance coverage to be
provided health insurance while they


are in school and as they begin their
careers, instead of having to go with-
out healthcare coverage, as had often
been the case in the past. As of 2010,
insurance providers could no longer
deny coverage to adults with preex-
isting conditions or to minor children
with preexisting conditions. Further,
the law eliminates lifetime limits
                 continued on page 12
                 image: iStockphoto


Published in Voice of Experience, Volume 25, Number 1, 2013. © 2013 by the American Bar Association. Reproduced with permission. All rights reserved. This
information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the
express written consent of the American Bar Association.

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