82 FR 8351 - Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal

Executive Office of the President

Federal Register Volume 82, Issue 14 (January 24, 2017)

[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Presidential Documents]
[Pages 8351-8352]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01799]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 14 / Tuesday, January 24, 2017 / 
Presidential Documents

[[Page 8351]]


                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.

[[Page 8352]]

                    (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.

[FR Doc. 2017-01799
Filed 1-23-17; 2:00 pm]
Billing code 3295-F7-P