Published on Jan 20, 2017 Trump signs executive order ordering federal agencies to ease burden of Affordable Care Act

One saved by ObamaCare the other left behind

Millman Study ACA Factors affecting Individual Premiums
Millman Study ACA Factors affecting Individual Premiums

Executive Order 13765

THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release January 20, 2017
EXECUTIVE ORDER
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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),
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***AKA ObamaCare – What about replacement with something better?
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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.
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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.
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***What if something helps purchasers or receipients, but costs the state or Feds? something?
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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.
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***What’s all this talk about selling across state lines?
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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.
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***What about the McCarran Ferguson Act?  Which exempts Insurance Companies from Federal Regulation, leaving it to the states.  See the CA Insurance Commissioner’s opinion of this order.
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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 Actand other  applicable statutes in considering or promulgating such regulatory revisions.
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Sec. 6. (a) Nothing in this order shall be construed to impair or otherwise affect:
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(i) the authority granted by law to an executive department or agency, or the head thereof; or
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(ii) the functions of the Director of the Office of Management and Budgetrelating to budgetary, administrative, or legislative proposals.
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(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
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(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.
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***I’m not sure what this means???
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DONALD J. TRUMP
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THE WHITE HOUSE,
January 20, 2017.CNN.com  *  WhiteHouse.gov * Politico

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).[1] 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 *

Executive Orders Federal Register

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,

***Enhanced Silver – Cost Sharing Reductions?  * Unconstitutional – Legislature didn’t allocate the funds  * Subsidies altogether?  * Taxes to raise $$$ for the ACA?  *

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  

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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

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Trump pulls ads for Health Care.Gov but Covered CA has their own budget.   Why don’t they mention agents?  Learn More===>Mercury New’s 1.27.2017  * Los Angeles Times 1.27.2017  * Washington Post 1.27.2017

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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.”

 

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KTLA News – Inaguration Highlights

Failure to mark line 61 on 1040 won’t automatically reject a tax return.  LA Times 2.15.2017  *  Our page on Tax Penalty Enforcement

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