On January 20, 2017, his first day in office, President Trump signed an Executive Order “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal.”
The Order is comprised of six sections that provide direction to the heads of Executive Departments and Agencies with responsibilities under ACA.
- Seek Repeal of ACA. The policy of the Administration is to seek repeal of ACA. The Order states that pending repeal, “it is imperative for the executive branch to ensure that the law is being efficiently implemented, take all actions consistent with law to minimize the unwarranted economic and regulatory burdens of the Act, and prepare to afford the States more flexibility and control to create a more free and open healthcare market.”
- Reduce Fiscal Burden. The Order provides the authority to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of ACA that would impose a fiscal burden on any State, or “or a cost, fee, tax, penalty, or regulatory burden on individuals, families, healthcare providers, health insurers, patients, recipients of healthcare services, purchasers of health insurance, or makers of medical devices, products, or medications.”
- Cooperate with State Healthcare Programs. The Order enables the administration to exercise discretion to provide greater flexibility to States and cooperate with States to implement healthcare programs.
- Encourage Free Market. The Order encourages the development of a free and open market in interstate commerce for healthcare services and insurance.
- Comply with Regulatory Procedures. If carrying out the Order requires regulations to be revised, the Order provides that agencies should comply with applicable statues in making such revisions.
- No Impairment on Laws. The Order confirms that it is not intended to impair or affect any agency’s authority, and the Order should be implemented consistent with law.
While the Order does not overturn ACA, it does set the stage for future modification of the health care law.
