Trumpcare and the Individual Mandate

Updated 1/21/2017

President Trump Signs Executive Order That Weakens The Enforcement Of The Individual Mandate

On January 20th, 2017 President Donald J. Trump signed an executive order that gives federal agencies more leeway to theoretically not have to enforce the individual mandate. It is still very early to truly know how this will fully impact Americans, and more specifically their obligation under the current law to have health insurance that meets the minimum requirements set by the Affordable Care Act, better known as Obamacare.

It is believed that if the requirements for issuing what are called “hardship exemptions” are extremely loosened, millions of Americans could find themselves no longer facing a tax penalty for not having health coverage that is ACA compliant. Encouraging people to not sign up for health insurance is not going to have a positive long term outcome, nor will repealing the ACA without a true replacement. Below is President Trump’s executive action concerning 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. 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.
January 20, 2017.”


Updated 11/21/2016

President-Elect Donald J. Trump has stated that he is opposed to the individual mandate, and has stated that he would repeal Obamacare and with it the individual mandate that requires all Americans who meet certain income levels to have health insurance coverage.

Below is Donald J. Trump’s published position on Obamacare and the Individual Mandate.

Congress must act. Our elected representatives in the House and Senate must:

  1. Completely repeal Obamacare. Our elected representatives must eliminate the individual mandate. No person should be required to buy insurance unless he or she wants to.