Within hours of taking his oath of office, President Donald Trump acted to fulfill his campaign promise to repeal the Affordable Care Act (ACA). On Friday night, President Trump signed an executive order directing the Secretary of the Department of Health and Human Services (Representative Tom Price is awaiting his confirmation hearing and vote) and the heads of any other agencies with authority under the law, to take action through waivers, exceptions and delays “to minimize the unwarranted economic and regulatory burdens” of the ACA, pending repeal. The order essentially freezes all future ACA regulation, but it is unclear how the order will affect existing ACA regulations. 

The order also allows agencies greater leeway to prepare states for “more flexibility and control to create a more free and open healthcare market.” The ACA currently permits the sale of health insurance across state lines, but subject to state approvals and consumer protections. 

Godfrey & Kahn’s Health Care and Employee Benefits Practice Groups are committed to closely monitoring the uncertainty and legal issues that surround the ACA.
 
If you have questions regarding the future of the ACA, please contact a Godfrey & Kahn attorney.