Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal

Executive Order 13765 of 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.

    (Presidential Sig.)

THE WHITE HOUSE,

    January 20, 2017.