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January 24, 2017

HRB 126 - Executive Order Relating to the Affordable Care Act (article)

HRB 126 - President Trump's Executive Order Relating to the Affordable Care Act

Released January 23, 2017 I Download as a PDF

In one of his first orders of business, President Trump signed an Executive Order relating to the Affordable Care Act.  This Executive Order can be viewed as a blueprint or vision statement for how the President would like to see the Affordable Care Act administered in a manner 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”.


Accordingly, his directive to Administrative Agencies is:

“…to the maximum extent permitted by law….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.”


This Executive Order does not change the law.  Repealing or amending the law remains within the purview of the Congress.  As new heads of administrative agencies (Departments of Health and Human Services, Treasury and Labor) are appointed and in place, and as matters evolve, we will provide you with new relevant information.  In the meantime, it is important to continue to comply with the law as it stands today, including complying with the insurance market provisions, taxes and fees, as well as the reporting and disclosure requirements of the ACA.


 About the Author: Karen R. McLeese is Vice President of Employee Benefit Regulatory Affairs for CBIZ Benefits & Insurance Services, Inc., a division of CBIZ, Inc. She serves as in-house counsel, with particular emphasis on monitoring and interpreting state and federal employee benefits law. Ms. McLeese is based in the CBIZ Kansas City office.

The information contained herein is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. The information contained herein is provided as general guidance and may be affected by changes in law or regulation. The information contained herein is not intended to replace or substitute for accounting or other professional advice. Attorneys or tax advisors must be consulted for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.

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