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President Romney/Democratic majority in the Senate/Republican majority in the House

In this somewhat deadlocked scenario, it is likely nothing will move with the new health care law. Since the Patient Protection and Affordable Care Act is very skeletal and leaves agencies to fill the holes in the law, President Romney could push out regulations so slowly that the law is rendered virtually ineffective. Regardless of the policy decision itself, this will create a state of flux, continuing the uncertainty most businesses want to see cleared up.
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President Romney/Republican majority in the Senate/Republican majority in the House

Regarding his Massachusetts health care law, former Governor Romney has said he believes each state should be allowed to decide health care laws according to individual state need. In this scenario, Romney will likely dismantle PPACA and follow a course that allows each state to develop separate laws regarding health care. However, different regulations in each state could prove challenging for businesses with employees in more than one state, as they will then need to design and administer employee health plans on a state-by-state basis. This inevitably would force employers to challenge such laws as preempted by ERISA.
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President Obama/Democratic majority in the Senate/Republican majority in the House

This is the scenario that provides the most consistency for employers as it is “business as usual,” which may be welcome news for companies, regardless of political leanings. While there will still likely be challenges to the health care law and no one can predict what other developments regarding benefits may arise in the next four years, this scenario would provide businesses with a clearer path moving forward.
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Employers plan despite election uncertainty

Even though the political future of the health reform law remains unclear, many employers are exhibiting fatigue at continued policy uncertainty. Almost half of the respondents to a Buck Consultants webcast poll said they were moving forward with their current benefits strategy without regard to the election. In addition, 29.4% reported they are not yet sure how the election will impact their benefits strategy, 17.5% plan to implement only short-term requirements effective this year, and 3.2% report they will wait until after the election is over to implement strategy.
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