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The Patient Protection and Affordable Care Act and its Effect on Franchising

By David Oppenheim and Danielle White

The dominant issue in the U.S. political and media landscape heading into 2014 continues to be the implementation of the Patient Protection and Affordable Care Act (ACA) and its potential impact on the U.S. economy. Many consider the ACA to be a milestone in moving the American health care system toward greater efficiency, increased coverage and improved quality of care. Many others, however, remain concerned that the law will have detrimental consequences for individuals, employers and the health care industry. The ACA's reforms were designed to improve individuals' access to health insurance coverage and bolster the quality of products available ' particularly because, beginning in 2014, most individuals will be required to either purchase health insurance or pay a tax penalty. However, critics continue to voice concerns that individuals will not be able to keep their current health plans if they like them and argue that some provisions will have a detrimental impact on hiring practices, the prevalence of full-time employment and administrative costs, particularly among small businesses.

As the ACA continues to be implemented, franchisors and franchisees must be vigilant in understanding whether they are subject to the ACA's mandates, penalties and tax credits. The franchising industry must be sufficiently informed and prepared to manage the uncertainty surrounding both compliance requirements and costs. Navigating the ACA amidst myriad news reports, political talking points, commercials and editorials can be challenging at best. However, there are some clear knowns ' and unknowns ' that franchisors and franchisees must be aware of today in order to be prepared for tomorrow.

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