Executive Order 13765

Last updated

Executive Order 13765
Executive Order Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal
Seal of the President of the United States.svg
Executive Order 13765.pdf
Type Executive order
Executive Order number13765
Signed by Donald Trump on January 20, 2017 (2017-01-20)
Federal Register details
Federal Register document number 2017-01799
Publication dateJanuary 24, 2017 (2017-01-24)
Document citation8351
Summary
Directs agencies to hinder parts of Patient Protection and Affordable Care Act (Obamacare) that entail financial burdens, and begin transition to repeal of that law

Executive Order 13765 is the first executive order signed by former U.S. President Donald Trump on January 20, 2017, which set out interim procedures in anticipation of repeal of the Affordable Care Act (Obamacare). [1]

Contents

The executive order came on Trump's campaign pledges to repeal the Patient Protection and Affordable Care Act, and occurred just hours after he was sworn into office. [2] Trump stated sorting out a replacement will take a long time and the replacement may not be ready until 2018. [3] Following several failed efforts by Congress to pass an alternative to the ACA, Trump issued another executive order in October 2017, the Executive Order to Promote Healthcare Choice and Competition, which some proponents and opponents asserted effectively replaced the ACA with a new healthcare regime. [4] [5]

Executive Order 13765 was formally revoked by President Joe Biden on January 28, 2021. [6]

Provisions

The order was designed to weaken regulations and procedures associated with enforcement of the Patient Protection and Affordable Care Act. [7] [8] It was broken into six sections:

Effects

In February 2017, it was reported that the Internal Revenue Service would not require tax filers to state whether they had compliant insurance, allowing them to avoid the penalty fine. The IRS said that this change would reduce administrative burdens on taxpayers. It was criticized for weakening an enforcement mechanism that lowers premiums by supporting wide participation in the markets. [9] [10]

See also

Related Research Articles

<span class="mw-page-title-main">Pat Tiberi</span> American politician

Patrick Joseph Tiberi is an American lobbyist and politician who served as the U.S. representative for Ohio's 12th congressional district from 2001 to 2018. His district included communities north and east of Columbus. He is a member of the Republican Party, and previously served in the Ohio House of Representatives from 1993 to 2000. He briefly served as Chair of the new Republican Main Street Congressional Caucus from September 7, 2017.

Families USA is a nonprofit, nonpartisan consumer health advocacy and policy organization.

In the United States, a high-deductible health plan (HDHP) is a health insurance plan with lower premiums and higher deductibles than a traditional health plan. It is intended to incentivize consumer-driven healthcare. Being covered by an HDHP is also a requirement for having a health savings account. Some HDHP plans also offer additional "wellness" benefits, provided before a deductible is paid. High-deductible health plans are a form of catastrophic coverage, intended to cover for catastrophic illnesses. Adoption rates of HDHPs have been growing since their inception in 2004, not only with increasing employer options, but also increasing government options. As of 2016, HDHPs represented 29% of the total covered workers in the United States; however, the impact of such benefit design is not widely understood.

Healthcare reform in the United States has a long history. Reforms have often been proposed but have rarely been accomplished. In 2010, landmark reform was passed through two federal statutes: the Patient Protection and Affordable Care Act (PPACA), signed March 23, 2010, and the Health Care and Education Reconciliation Act of 2010, which amended the PPACA and became law on March 30, 2010.

In the United States, health insurance marketplaces, also called health exchanges, are organizations in each state through which people can purchase health insurance. People can purchase health insurance that complies with the Patient Protection and Affordable Care Act at ACA health exchanges, where they can choose from a range of government-regulated and standardized health care plans offered by the insurers participating in the exchange.

<span class="mw-page-title-main">Affordable Care Act</span> U.S. federal statute also known as Obamacare

The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act (PPACA) and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010. Together with the Health Care and Education Reconciliation Act of 2010 amendment, it represents the U.S. healthcare system's most significant regulatory overhaul and expansion of coverage since the enactment of Medicare and Medicaid in 1965.

Health care sharing ministries (HCSM) are organizations in the United States in which health care costs are shared among members with common ethical or religious beliefs in a risk-pooling framework in some ways analogous to, but distinct from, health insurance.

Since the passage of the Affordable Care Act (ACA), there have been numerous actions in federal courts to challenge the constitutionality of the legislation. They include challenges by states against the ACA, reactions from legal experts with respect to its constitutionality, several federal court rulings on the ACA's constitutionality, the final ruling on the constitutionality of the legislation by the U.S. Supreme Court in National Federation of Independent Business v. Sebelius, and notable subsequent lawsuits challenging the ACA. The Supreme Court upheld ACA for a third time in a June 2021 decision.

<span class="mw-page-title-main">Authority for Mandate Delay Act</span>

The Authority for Mandate Delay Act is a bill that would amend the Patient Protection and Affordable Care Act "to delay until 2015 enforcement of requirements that large employers offer their full-time employees the opportunity to enroll in minimum essential coverage." The bill was introduced into the United States House of Representatives during the 113th United States Congress.

<span class="mw-page-title-main">Fairness for American Families Act</span>

The Fairness for American Families Act is a bill that would "amend the Internal Revenue Code, as amended by the Patient Protection and Affordable Care Act, to delay until 2015 the requirement that individuals maintain minimal essential health care coverage." The bill was introduced into the United States House of Representatives during the 113th United States Congress.

The Affordable Care Act (ACA) is divided into 10 titles and contains provisions that became effective immediately, 90 days after enactment, and six months after enactment, as well as provisions phased in through to 2020. Below are some of the key provisions of the ACA. For simplicity, the amendments in the Health Care and Education Reconciliation Act of 2010 are integrated into this timeline.

King v. Burwell, 576 U.S. 473 (2015), was a 6–3 decision by the Supreme Court of the United States interpreting provisions of the Patient Protection and Affordable Care Act (ACA). The Court's decision upheld, as consistent with the statute, the outlay of premium tax credits to qualifying persons in all states, both those with exchanges established directly by a state, and those otherwise established by the Department of Health and Human Services.

The following is a list of efforts to repeal the Affordable Care Act, which had been enacted by the 111th United States Congress on March 23, 2010.

<span class="mw-page-title-main">2017 Affordable Care Act replacement proposals</span> 2017 plans considered to replace a U.S. federal statute

The following is a list of plans which were considered to replace the Affordable Care Act during the Donald Trump administration. The plans were considered after the Republican Party gained a federal government trifecta in 2016. "Repeal and replace" has been a Republican slogan since March 2010 when the ACA was signed into law and had been adopted by former President Donald Trump.

<span class="mw-page-title-main">American Health Care Act of 2017</span> Proposed U.S. law

The American Health Care Act of 2017 was a bill in the 115th United States Congress. The bill, which was passed by the United States House of Representatives but not by the United States Senate, would have partially repealed the Affordable Care Act (ACA).

<span class="mw-page-title-main">World's Greatest Healthcare Plan of 2017</span>

The "World's Greatest Healthcare Plan of 2017", is the title for a United States of America legislative bill proposed on March 7, 2017, by Republican Party legislator Pete Sessions to repeal and replace the Patient Protection and Affordable Care Act. The bill's current format removes the ACA's individual mandate, which taxed individuals without health insurance. Moreover, it maintains some aspects of the ACA including ensuring insurance coverage for pre-existing conditions, allowing children to stay on their parents' health care until they are 26 years old, and banning the use of lifetime spending limits by insurance companies. This is not to be confused with the American Health Care Act, which was the bill backed by President Trump and most Republicans.

<span class="mw-page-title-main">Executive Order 13813</span> Executive order from 2017

The Executive Order Promoting Healthcare Choice and Competition, also known as the Trumpcare Executive Order, or Trumpcare, is an Executive Order signed by Donald Trump on October 12, 2017, which directs federal agencies to modify how the Patient Protection and Affordable Care Act of the Obama Administration is implemented. The order included a directive to federal agencies to end rules forbidding employers from using health reimbursement arrangements (HRAs) to pay individual insurance premiums.

<span class="mw-page-title-main">Bipartisan Health Care Stabilization Act of 2017</span>

The Bipartisan Health Care Stabilization Act of 2017 was a 2017 proposed compromise reached by senator and HELP Committee chairman Lamar Alexander and senator and HELP Committee ranking member Patty Murray to amend the Affordable Care Act to fund cost-sharing reductions subsidies. The plan will also provide more flexibility for state waivers, allow a new "Copper Plan" or catastrophic coverage for those under 30, allow interstate insurance compacts, and redirect consumer fees to states for outreach. President Trump had stopped paying the cost sharing subsidies and the Congressional Budget Office estimated his action would cost $200 billion, cause insurance sold on the exchange to cost 20% more and cause one million people to lose insurance.

The Patient Protection and Affordable Care Act, often shortened to the Affordable Care Act (ACA) or nicknamed Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010. Together with the Health Care and Education Reconciliation Act of 2010 amendment, it represents the U.S. healthcare system's most significant regulatory overhaul and expansion of coverage since the passage of Medicare and Medicaid in 1965. Once the law was signed, provisions began taking effect, in a process that continued for years. Some provisions never took effect, while others were deferred for various periods.

California v. Texas, 593 U.S. ___ (2021), was a United States Supreme Court case that dealt with the constitutionality of the 2010 Affordable Care Act (ACA), colloquially known as Obamacare. It was the third such challenge to the ACA seen by the Supreme Court since its enactment. The case in California followed after the enactment of the Tax Cuts and Jobs Act of 2017 and the change to the tax penalty amount for Americans without required insurance that reduced the "individual mandate" to zero, effective for months after December 31, 2018. The District Court of the Northern District of Texas concluded that this individual mandate was a critical provision of the ACA and that, with a penalty amount equal to zero, some or all of the ACA was potentially unconstitutional as an improper use of Congress's taxation powers.

References

  1. Knox, Olivier (January 20, 2017). "Trump signs first executive order, targeting Obamacare with few specifics". Sunnyvale, California: Yahoo! News . Retrieved January 21, 2017.
  2. Davis, Julie Hirschfeld; Pear, Robert (January 20, 2017). "Trump Issues Executive Order Scaling Back Parts of Obamacare". The New York Times . New York City. Retrieved January 23, 2017.
  3. Trump Appears to Push Back Obamacare Replacement
  4. Klein, Philip; King, Robert; Leonard, Kimberly (October 9, 2017). "Daily on Healthcare: Trumpcare is coming to an association health plan near you". The Washington Examiner . Washington, D.C.: Clarity Media Group. Archived from the original on October 9, 2017. Retrieved October 12, 2017.
  5. Schallhorn, Kaitlyn; Gomez, Serafin (October 12, 2017). "Trump clears way for ObamaCare 'alternatives' in new executive order, goes around stalled Congress". Fox News . New York City: Fox Entertainment Group . Retrieved October 12, 2017.
  6. "Executive Order on Strengthening Medicaid and the Affordable Care Act". January 28, 2021. Retrieved January 28, 2021.
  7. Office of the Press Secretary (January 20, 2017). "Executive Order Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal". whitehouse.gov. United States: White House. Archived from the original on January 23, 2017. Retrieved January 24, 2017.
  8. Kodjak, Alison (January 21, 2017). "Trump's Executive Order Could Dismantle Parts Of ACA Before Replacement Is Ready". Washington, D.C.: NPR . Retrieved January 24, 2017.
  9. Suderman, Peter (February 15, 2017). "Major Blow to Obamacare Mandate: IRS Won't Reject Tax Returns That Don't Answer Health Insurance Question". Reason. Retrieved February 15, 2017.
  10. Pender, Kathleen (February 14, 2017). "Quiet IRS change could undermine Obamacare, supporters say". San Francisco Chronicle. Retrieved February 15, 2017.