California Health News

Executive Order To Minimize The Economic Burden Of The ACA by President Trump

Executive Office of the President of the United States

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release January 20, 2017

EXECUTIVE ORDER

– – – – – – –

MINIMIZING THE ECONOMIC BURDEN OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT PENDING REPEAL

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. It is the policy of my Administration to seek the prompt repeal of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended (the “Act”). In the meantime, pending such 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.

Sec. 2. To the maximum extent permitted by law, the Secretary of Health and Human Services (Secretary) and the heads of all other executive departments and agencies (agencies) with authorities and responsibilities under the Act shall exercise all authority and discretion available to them to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State 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.

Sec. 3. To the maximum extent permitted by law, the Secretary and the heads of all other executive departments and agencies with authorities and responsibilities under the Act, shall exercise all authority and discretion available to them to provide greater flexibility to States and cooperate with them in implementing healthcare programs.

Sec. 4. To the maximum extent permitted by law, the head of each department or agency with responsibilities relating to healthcare or health insurance shall encourage the development of a free and open market in interstate commerce for the offering of

healthcare services and health insurance, with the goal of achieving and preserving maximum options for patients and consumers.

Sec. 5. To the extent that carrying out the directives in this order would require revision of regulations issued through notice-and-comment rulemaking, the heads of agencies shall comply with the Administrative Procedure Act and other 2 applicable statutes in considering or promulgating such regulatory revisions.

Sec. 6. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,

January 20, 2017.

Executive Order Minimizing Economic Burden of ACA Jan_20_17
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Date:January 23, 2017

California Department of Insurance

Commissioner Jones issues statement on Trump Affordable Care Act Executive Order

January 21, 2017

SACRAMENTO, Calif. Insurance Commissioner Dave Jones issued the following statement today after President Donald Trump issued an Affordable Care Act Executive Order:

“President Donald Trump’s Executive Order is directly contrary to his pledge to replace the Affordable Care Act with terrific “insurance for everybody” while repealing the ACA.

The effect of the Executive Order will be to create uncertainty in health insurance markets as to whether the federal government will enforce critically important provisions of the Affordable Care Act. The Executive Order specifically directs federal agencies not to enforce ACA provisions that make sure that all Americans are getting health insurance so that the costs of treating sick and unhealthy Americans are spread across large enough risk pools so as to make it possible for private health insurers to provide health insurance.

Without the enforcement of these ACA provisions, many health insurers ultimately will be forced to withdraw from health insurance markets. Health insurers withdrawal from health insurance markets will decrease competition, make health insurance unavailable, and drive up health insurance prices.

Based on my experience as the regulator of the largest insurance market in the United States, this Executive Order is likely to destabilize health insurance markets across the United States. President Trump’s Executive Order also is contrary to his promise to provide health care coverage to all Americans.”