ACA Repeal Failures and Sabotage: Losing 51-49, Then Dismantling Piece by Piece
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The administration's attempt to repeal and replace the ACA failed through three separate legislative vehicles: the American Health Care Act (AHCA) passed the House but died in the Senate; the Better Care Reconciliation Act failed to advance in the Senate; and the 'skinny repeal' (Health Care Freedom Act) failed 51-49 when McCain, Murkowski, and Collins voted against it. Following legislative failure, the administration cut the Navigator program (enrollment assistance) from $63 million to $10 million, reduced the open enrollment window, and created an association of short-term health plans that could deny coverage for pre-existing conditions. Termination of cost-sharing reduction payments to insurers triggered premium increases and a complex subsidy dynamic that ultimately cost the government more than the payments themselves.
Overview
Seven years of "repeal and replace." Three legislative vehicles. A 51-49 Senate vote that ended it. Then the administration spent three more years trying to destroy the law through administrative action and litigation.
Twenty million people had gained health insurance under the ACA. The administration's goal was to take it away. The legislative effort failed. The administrative effort reduced enrollment by millions.
McCain's Vote
The vote came at approximately 1:30 AM on July 28, 2017. The "skinny repeal" had been hastily assembled and was advancing without adequate analysis or public hearings. McCain had returned from cancer surgery to vote — his presence had been seen as a positive sign by Republican leadership. He walked to the well of the Senate and gave a thumbs-down.
The chamber went quiet. The bill failed 51-49.
McCain later explained his vote: the Senate should have gone through regular order, with hearings, amendments, and debate. It had not. He would not be part of passing legislation through shortcuts that would affect one-sixth of the American economy.
Administrative Dismantlement
Having failed to repeal the law, the administration began dismantling it piece by piece. The Navigator cuts removed the people who helped uninsured Americans figure out how to sign up for coverage. The shortened enrollment window reduced the time available to enroll. The outreach cuts reduced awareness of available plans.
The termination of cost-sharing reduction payments was the most consequential action: it increased premiums, created market instability, and ultimately cost the government more in subsidies than the payments themselves would have cost — because subsidy amounts are tied to premium levels. Courts found it unlawful. The damage was done.
Short-Term Plans
The expansion of short-term health plans allowed insurers to sell products that didn't cover pre-existing conditions, didn't include essential health benefits, and didn't have annual or lifetime limits. These plans were cheaper because they covered less. People who bought them and then became seriously ill discovered what they hadn't covered.
Consumer advocates called it the return of junk insurance — the plans the ACA had been designed to replace.
Timeline
Sequence of events
May 4, 2017
House passes AHCA — Senate never brings it to vote
The House passes the American Health Care Act (AHCA) 217-213. The Senate develops its own version (BCRA) but cannot achieve 50 votes. Multiple Senators oppose the legislation as too damaging to coverage.
July 28, 2017
McCain thumbs down — skinny repeal fails 51-49
Senator John McCain casts a dramatic late-night 'no' vote, joined by Murkowski and Collins. The 51-49 vote kills the Health Care Freedom Act (skinny repeal). The legislative effort is effectively over.
October 12, 2017
Trump terminates cost-sharing reduction payments
Trump signs an executive action terminating CSR payments to insurers, worth approximately $7 billion annually. CBO estimates this will increase premiums 20% and cost the government $194 billion more in subsidies over a decade. Courts later find the termination unlawful.
October 1, 2017
Navigator cuts — 84% reduction in enrollment assistance
HHS cuts Navigator program funding from $63 million to $10 million. Open enrollment is shortened to 45 days. Outreach advertising is cut by 90%. The changes are implemented to create friction reducing ACA enrollment.
June 1, 2018
Administration expands short-term health plans — pre-existing conditions excluded
The administration expands short-term health plans to allow 12-month terms renewable for 3 years, without ACA coverage requirements. These plans can exclude pre-existing conditions. Consumer advocates warn of coverage gaps for people who become ill.
June 17, 2021
Supreme Court upholds ACA 7-2 — administration lacked standing
The Supreme Court rules 7-2 that the plaintiffs in California v. Texas lacked standing to challenge the ACA's constitutionality. The ruling leaves the ACA intact. The Biden administration reverses the administrative sabotage measures.
Sources
- ↑ Dramatic Vote: John McCain Sinks Republican Health Bill — The New York Times
- ↑ Trump ends ACA cost-sharing payments — The Washington Post
- ↑ McCain votes no — 'skinny repeal' of ACA fails 51-49 — The Associated Press
- ↑ Federal Subsidies Under the ACA for Health Insurance Coverage — Congressional Budget Office
Verification