The White House
For Immediate Release
January 20, 2017
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 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.
January 20, 2017.
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