Presidential DocumentExecutive Order 140092021-02252
Strengthening Medicaid and the Affordable Care Act
Primary source
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Published
February 2, 2021
Signed
January 28, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 20 (Tuesday, February 2, 2021)</title>
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[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Presidential Documents]
[Pages 7793-7795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-02252]
Presidential Documents
Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 /
Presidential Documents
[[Page 7793]]
Executive Order 14009 of January 28, 2021
Strengthening Medicaid and the Affordable Care
Act
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. Policy. In the 10 years since its enactment,
the Affordable Care Act (ACA) has reduced the number of
uninsured Americans by more than 20 million, extended
critical consumer protections to more than 100 million
people, and strengthened and improved the Nation's
healthcare system. At the same time, millions of people
who are potentially eligible for coverage under the ACA
or other laws remain uninsured, and obtaining insurance
benefits is more difficult than necessary. For these
reasons, it is the policy of my Administration to
protect and strengthen Medicaid and the ACA and to make
high-quality healthcare accessible and affordable for
every American.
Sec. 2. Special Enrollment Period. The coronavirus
disease 2019 (COVID-19) pandemic has triggered a
historic public health and economic crisis. In January
of 2020, as the COVID-19 pandemic was spreading, the
Secretary of Health and Human Services declared a
public health emergency. In March of 2020, the
President declared a national emergency. Although
almost a year has passed, the emergency continues--over
5 million Americans have contracted the disease in
January 2021, and thousands are dying every week. Over
30 million Americans remain uninsured, preventing many
from obtaining necessary health services and treatment.
Black, Latino, and Native American persons are more
likely to be uninsured, and communities of color have
been especially hard hit by both the COVID-19 pandemic
and the economic downturn. In light of the exceptional
circumstances caused by the ongoing COVID-19 pandemic,
the Secretary of Health and Human Services shall
consider establishing a Special Enrollment Period for
uninsured and under-insured Americans to seek coverage
through the Federally Facilitated Marketplace, pursuant
to existing authorities, including sections 18031 and
18041 of title 42, United States Code, and section
155.420(d)(9) of title 45, Code of Federal Regulations,
and consistent with applicable law.
Sec. 3. Immediate Review of Agency Actions. (a) The
Secretary of the Treasury, the Secretary of Labor, the
Secretary of Health and Human Services, and the heads
of all other executive departments and agencies with
authorities and responsibilities related to Medicaid
and the ACA (collectively, heads of agencies) shall, as
soon as practicable, review all existing regulations,
orders, guidance documents, policies, and any other
similar agency actions (collectively, agency actions)
to determine whether such agency actions are
inconsistent with the policy set forth in section 1 of
this order. As part of this review, the heads of
agencies shall examine the following:
(i) policies or practices that may undermine protections for people with
pre-existing conditions, including complications related to COVID-19, under
the ACA;
(ii) demonstrations and waivers, as well as demonstration and waiver
policies, that may reduce coverage under or otherwise undermine Medicaid or
the ACA;
(iii) policies or practices that may undermine the Health Insurance
Marketplace or the individual, small group, or large group markets for
health insurance in the United States;
[[Page 7794]]
(iv) policies or practices that may present unnecessary barriers to
individuals and families attempting to access Medicaid or ACA coverage,
including for mid-year enrollment; and
(v) policies or practices that may reduce the affordability of coverage or
financial assistance for coverage, including for dependents.
(b) Heads of agencies shall, as soon as practicable
and as appropriate and consistent with applicable law,
consider whether to suspend, revise, or rescind--and,
as applicable, publish for notice and comment proposed
rules suspending, revising, or rescinding--those agency
actions identified as inconsistent with the policy set
forth in section 1 of this order.
(c) Heads of agencies shall, as soon as practicable
and as appropriate and consistent with applicable law,
consider whether to take any additional agency actions
to more fully enforce the policy set forth in section 1
of this order.
Sec. 4. Revocation of Certain Presidential Actions and
Review of Associated Agency Actions. (a) Executive
Order 13765 of January 20, 2017 (Minimizing the
Economic Burden of the Patient Protection and
Affordable Care Act Pending Repeal), and Executive
Order 13813 of October 12, 2017 (Promoting Healthcare
Choice and Competition Across the United States), are
revoked.
(b) As part of the review required under section 3
of this order, heads of agencies shall identify
existing agency actions related to or arising from
Executive Orders 13765 and 13813. Heads of agencies
shall, as soon as practicable, consider whether to
suspend, revise, or rescind--and, as applicable,
publish for notice and comment proposed rules
suspending, revising, or rescinding--any such agency
actions, as appropriate and consistent with applicable
law and the policy set forth in section 1 of this
order.
Sec. 5. General Provisions. (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 7795]]
(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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
January 28, 2021.
[FR Doc. 2021-02252
2-1-21; 8:45 am]
Billing code 3295-F1-P
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</html>Indexed from Federal Register on February 2, 2021.
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