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CRS – Affordable Care Act Executive Order: Legal Considerations

Via FAS – CRS Reports & Analysis Legal Sidebar Affordable Care Act Executive Order: Legal Considerations, January 24, 2016.
“On January 20, 2017, President Donald J. Trump issued an executive order (EO) declaring his intention to “seek the prompt repeal of the Patient Protection and Affordable Care Act [ACA]” while minimizing “economic and regulatory
burdens of the Act,” ensuring that the ACA is “efficiently implemented,” and preparing to allow states “more flexibility and control.” Broadly, the EO issues the following three directives to executive branch agencies:

  • First, it directs agencies with authorities or responsibilities under the ACA to “waive, defer, grant exemptions from, or delay the implementation of” any ACA provision that would impose a fiscal or regulatory burden on states or a host of private entities (including individuals, health care providers, health insurers, and medical device manufacturers).
  • Second, the EO directs those same agencies to provide greater flexibility and cooperation to states in implementing healthcare programs.
  • Third, the EO directs all agencies with responsibilities relating to healthcare or health insurance to encourage the development of a free and open interstate market for health services and health insurance…”

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