Uncertainties over the new regulations and the future status of the Patient Protection and Affordable Care Act (ACA) are making it more challenging for corporate issuers to plan for final implementation of the law, according to Fitch Ratings. As a result, issuers may need to adjust their operations and strategic focus as things develop.
It is unclear whether the Centers for Medicare & Medicaid Services' (CMS) Proposed Rule for ACOs will provide a sufficient incentives to entice a large number of providers to sign up for the program. Fitch believes there are meaningful setup costs and ongoing incremental costs to operate as an ACO. Ultimately, Fitch believes the final writing of the Rule will not affect the credit ratings of the For-Profit Hospital Providers.
Fitch agrees with the consensus opinion that the U.S. Supreme Court will ultimately decide whether the ACA is constitutional. As the timing of the decision and the Court's finding are uncertain, Fitch believes that industry stakeholders will need to allow for meaningful variance in their strategic and operational planning processes.
Fitch did not change the Outlooks or ratings on any issuers in its healthcare portfolio following ACA's enactment. Similarly, Fitch does not expect a ruling that sides with the challenge to ACA's constitutionality will change the current outlook or ratings of these issuers.
The full 'U.S. Healthcare Sector Legislative and Regulatory Register - Summer 2011' is available at 'www.fitchratings.com'.


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