JANUARY 20, 2017 – In one of his first actions upon taking office, President Donald Trump today issued an executive order directing all federal agencies to reduce enforcement of any requirements, including taxes, fees and regulatory burdens, of the Affordable Care Act. The directive has but two limits: (1) the reduced enforcement has to be permitted by law and (2) the change can not go into effect without “notice and comment rule making” if the law requires it. And, while already proponents of the ACA are reassuring supporters that these latter two constraints render the Executive Order mostly symbolic, in fact, actions taken by the Obama administration to play fast and loose with administrative procedures and separation of powers have opened the door to the Trump executive branch to derail the ACA even without Congressional action.
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