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ASA provides ACA statement of principles

May 15 2013

The American Staffing Association’s board of directors last week approved a statement of principles for the Patient Protection and Affordable Care Act, clarifying the staffing industry’s position on ACA compliance.

“The ASA statement of principles demonstrates the staffing industry’s firm commitment to compliance with the Patient Protection and Affordable Care Act and its ongoing commitment to the well-being of the individuals staffing firms employ every day,” said ASA President and CEO Richard Wahlquist.

“Staffing firms will work closely with clients and human resource professionals to help them understand how the healthcare law applies to their use of staffing services,” Wahlquist said. “And staffing firms will work closely with their temporary and contract employees to ensure they understand their rights, opportunities, and obligations under the ACA.”

The ASA Affordable Care Act statement of principles:

  1. We will comply with the law, both in letter and in spirit, and are committed to the legal and ethical management of our work forces pursuant to its provisions.
  2. We will use our expertise and experience to help clients address the new demands of the law and understand the nature and extent of the additional staffing costs they will incur.
  3. We will work diligently to help our clients implement legitimate work force strategies and will not participate in practices that violate the law’s intent.
  4. We will communicate to our employees both their new opportunities and their new obligations before the employer and individual mandates become effective in 2014.
  5. We will continue to work with the government and other stakeholders as a proactive, constructive partner as the regulatory process moves forward.

The principles are also online, here.

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George Reardon 05/15/2013 03:28 pm

These are noble-sounding sentiments. But it is hard enough to figure out how to comply with what ACA actually says without trying to divine and promote its “spirit” and “intent.” Determining the law’s intent is actually impossible, because no one in Congress (even the few who read the bill) intended to pass the law that was enacted. Scott Brown’s election as a Republican senator for Massachusetts halted the process of blending the bills that were separately passed by the House and the Senate, producing a final ACA law that was still a work in progress. And ACA has virtually none of the usual legislative history, since the bill was rushed through. A staffing firm that tries to honor an imagined intent that is more demanding than the actual law will be handicapping itself in the marketplace, and one that ignores damaging portions of the actual law because of a self-generous interpretation of its intent will be taking unnecessary legal risk.


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