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Hopes For Rescinding Device Tax Repeal In ACA Repeal Look Slim, As Chances For Graham-Cassidy Vote Die

Executive Summary

On Monday, Senate Republican leaders continued to push for 50 needed "yes" endorsements by Sept. 30 for a floor vote on the Graham-Cassidy Affordable Care Act replacement bill that includes device-tax repeal. But final refusal of GOP Senator Susan Collins of Maine to back it, and other resistance to the bill, sank the legislation Tuesday afternoon.

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Texas Court Ruling Invalidating ACA Threatens Preexisting Illness Coverage, But It's Not The Final Word, Congress Says

A Texas federal district court judge ruled late on Dec. 14 that all of the Affordable Care Act – including parts mandating coverage of preexisting conditions, the medical device excise tax and reporting by medtech firms of payments made to health-care providers under sunshine provisions – are invalid because the health-care law's individual mandate was struck down by a 2017 tax law. But Congress and legal experts say the ruling will be challenged.

Retroactive Device-Tax Suspension Won't Work, Industry Says, Pressing For Urgent Action

AdvaMed told Republican leaders of the House and Senate that they should rethink any plans to wait until next year to pass a retroactive suspension of the device tax, after the tax has already been reinstituted. The tax needs to be addressed by Dec. 31 to avoid a costly, bureaucratic nightmare, the industry group argues.

Lawmakers Urge House Speaker To Take Action On Device Tax

With time running out, 179 House lawmakers from across the aisle have written to House Speaker Paul Ryan, R-Wisc., to include medical device tax repeal in bills set to come to the floor for a vote before the year ends.

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