One saved by ObamaCare the other left behind
President Donald Trump signed an order –
***United States presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law when they take authority from a legislative power which grants its power directly to the Executive by the Constitution,
***Is this order properly issued?
or are made pursuant to Acts of Congress that explicitly delegate to the President some degree of discretionary power (delegated legislation). Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review, and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes. Learn More ===> Wikipedia *
Friday 1.20.2017 directs federal agencies to stop issuing regulations that would expand the law’s reach. And it directs them to grant waivers, exemptions and delays of provisions in the Affordable Care Act that would impose costs on states or individuals,
potentially including the law’s penalties on people who remain uninsured— a key provision. The order also says federal agencies must allow states greater flexibility in carrying out the healthcare programs.
It may take weeks or months to discern the full impact of Trump’s directive. Departments like HHS and Treasury will have to issue policies that embody the new president’s wishes.
Anthem Blue Cross 2.6.2017 – no immediate effect on plans, benefits or coverage.
The executive order may not have much impact for 2017, since government rules for this year have already been incorporated into contracts signed with insurance companies
Trump made clear he is not unilaterally suspending the Affordable Care Act. It remains on the books, and his directive instructs agencies to act within “the maximum extent permitted by law.”
Changing the underlying law would require Congress to act, but the Trump administration can rewrite regulations carrying out the legislation. New regulations cannot be issued overnight, but would have to follow a legally established process that requires public notice and an opportunity for interested parties to comment on the administration’s changes. Modern Health Care 1.20.2016 * ABC News * Washington Post * KTLA * NPR * NPR
Topher Spiro, the vice president for health policy at the Democratic Party-aligned Center for American Progress, called the order “meaningless campaign messaging” in a statement. Bloomberg.com
The order instructing federal agencies to go as far as they legally can to roll back the Affordable Care Act was not exactly surprising. He was expected to take some type of swift administrative action to signal his determination to repeal the law. But the order — along with Trump senior adviser Kellyanne Conway’s statement Sunday that Trump may stop enforcing the law’s tax penalty against people who don’t buy insurance — has rattled insurers and health policy experts. The order itself is sweeping but vague. It said the executive branch should “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.” Learn WAY more==> Modern Health Care 1.22.2017
Dave Jones CA Insurance Commissioner Statement on Executive Order 1.21.2017 Press Release Learn More ===> Blog Commentary – Insure Me Kevin.com
“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,
Like the mandate
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.”
KTLA News – Inaguration Highlights