
Affordable Care Act Implementation -
How it can affect retail employers and how to prepare
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The Issue
In March 2010 the Affordable Care Act (ACA), a comprehensive health care law, was enacted. Shortly thereafter, a number of states and business interests filed lawsuits challenging the ACA. Different results emerged from these lawsuits around the country, forcing the U.S. Supreme Court to consider the constitutionality of the law.
Key issues the Court considered include: Can Congress require individuals to buy insurance and can Congress coerce the states to expand Medicaid? The Court devoted three days in March 2012 to hear arguments on the law.
On June 28, 2012 the U.S. Supreme Court ruled that the ACA is constitutional, including the individual mandate.
Why It Matters to Retailers, Chain Restaurants, and Other Industry Stakeholders
"NRF will redouble our efforts to repeal the law while we continue to work, in good faith, with regulators to smooth implementation for retailers and businesses alike." read more..
Matthew Shay, president and CEO, National Retail Federation
"NCCR has voiced the industry's consistent conerns that the law would do significant harm to job growth and the economy." read more...
Rob Green, executive director, NCCR
The National Retail Federation (NRF) and the National Council of Chain Restaurants (NCCR) have consistently worked to repeal the ACA in its entirety and have also worked to repeal key anti-business provisions like the employer mandate penalties. Prior to introduction and passage of the ACA, NRF and NCCR had set up a health care task force to examine key employer health care issues and propose retail industry-friendly reforms. NRF and NCCR led opposition to the legislation that became the ACA because it failed to meet the retail industry’s concerns, and have continued to work tirelessly to repeal the most burdensome provisions. NRF and NCCR believe the mandate on employers is both punitive and anti-growth — and ultimately hazardous to our economy. Efforts to reduce the cost of health coverage are insufficient and the law is too complex to administer.
NRF will redouble its efforts to repeal the law while it continues to work, in good faith, with regulators to smooth implementation for retailers and businesses alike.
Additional Resources
- An overview of the essential health benefits final rule
- NRF testimony before the House Committee on Ways and Means: Hearing on "Implementation of Health Insurance Exchanges and Related Provisions"
- The Upcoming Supreme Court Decision on the Health Care Reform - What the Retail Industry Needs to Know. Recap Webinar available on demand.
- NRF - NRF’s commentary and analysis of health care issues and their impact on the retail community; Members-only conference call replay: The Supreme Court Decision on Health Care Reform: Hear what it means for the industry
- Essential Health Benefits Coalition - Response to guidance from the Department of Health and Human Services

- Statement of John C. Goodman, President and CEO, National Center for Policy Analysis - The Impact of the Patient Protection and Affordable Care Act on Job Creators and the Economy
- Kaiser Family Foundation – Summary of new health reform law
- Alliance for Health Reform - Implementing Health Reform: Employer & Consumer Issues
- Robert Wood Johnson Foundation - How Will the Patient Protection and Affordable Care Act Affect Small, Medium, and Large Businesses?
- National Health Expenditure Projections: Modest Annual Growth Until Coverage Expands And Economic Growth Accelerates
- American Enterprise Institute - The Obama health plan will squeeze the middle class
- Essential Health Benefits Coalition - www.ehbcoalition.org
- Coalition on Choice and Competition - www.choiceandcompetitioncoalition.org
- NFIB - Small Business and Health Insurance: One Year After Enactment of PPACA
- Employers for Flexibility in Health Care:
- Comments to the Department of Treasury and Department of Health and Human Services
- Response to Guidance from the Department of Labor
- Response to Guidance from the Department of Health and Human Services
- Comments to the Department of Treasury and Department of Health and Human Services

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