This is the seventh article in our series on the effect of a “slow repeal” of the ACA. This week’s discussion focuses on the potential impact on healthcare technology.

Industry experts are predicting that a slow repeal of the ACA will have very little, if any, negative impact on healthcare technology. Healthcare technology grew at an unprecedented pace under the ACA, in part because the ACA contains provisions which provide healthcare technology with incentives to develop and implement new systems aimed at increasing efficiency. Despite the significant amount of uncertainty with a slow repeal of the ACA for many players in the healthcare industry, healthcare technology appears to be poised for continued growth through value-based care, telemedicine, and the increased need for interoperability.

Congress has agreed to an omnibus appropriations bill, which contains a number of immigration-related provisions. Though the vote on the bill is set for Dec. 18, it is widely expected to pass. In it, Congress has agreed to extend the EB-5 Regional Center program without change until Sept. 30, 2016. The EB-5 Regional Center program permits foreign nationals to obtain a green card if they invest at least $1 million ($500,000 if invested in a targeted employment area) in a U.S. business that creates at least 10 jobs for U.S. workers.  Several bills have been introduced over the past year to reform the EB-5 program; however, House and Senate leaders were unable to agree on the changes to the program before it was to expire on Dec. 16. Look for changes to the program in upcoming months.

U.S. Citizenship and Immigration Services announced it will be extending U.S. employment authorization to certain H-4 spouses of foreign nationals in H-1B status. Family members of H-1B workers are permitted to enter the United States in H-4 status as dependents of the H-1B worker, but they are not authorized to work. This change permits spouses in H-4 status to apply for an unrestricted work card provided the principal H-1B employee:

  1.  Is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  2. Has been granted H-1B status under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), which permits H-1B employees seeking permanent residency to extend their H-1B status beyond the usual six-years.

It’s time to begin preparing H-1B petitions for an early April filing and Oct. 1, 2015, effective date.

Advance planning is crucial. Due to the improving economy and the backlog of demand from April 2014, the H-1B cap will likely be exceeded again this year. Employers that fail to file H-1B petitions on April 1 may lose the opportunity to employ the intended foreign national candidate.