Executive Order and the Affordable Care Act

ACA Requirements Remain In Effect Pending Further Guidance or Legislation

President Trump has signed an executive order calling upon federal administrative agencies to minimize the economic burden of the Affordable Care Act (ACA), pending repeal of the law. Until further guidance is issued or legislation is signed, however, all ACA requirements remain in effect, including penalties for noncompliance.

In addition to making it clear that the Trump administration seeks the prompt repeal of the ACA, the executive order specifically calls upon agencies to exercise authority and discretion to:

  • Waive, defer, grant exemptions from, or delay the implementation of any ACA provision or requirement that would impose a fiscal burden on states, individuals, health care providers, health insurers, and medical device and product producers (including fees, taxes, and penalties);
  • Provide greater flexibility to states, and cooperate with them in implementing health care programs; and
  • Encourage the development of a free and open market for the offering of health care services and health insurance.

The executive order must be implemented in a manner consistent with applicable law, including the Administrative Procedure Act, which requires extended review of and public comment on any federal rules which may be proposed as a result of the executive order.

Going forward, any deferrals, exemptions, delays, or changes made to any ACA requirements will be promptly reported.  Please contact your Benefit Advisor/Consultant if you have questions.