The Obamacare Executive Orders Trump Could Issue on Day One

Donald Trump photo

Photo by Gage Skidmore

(The Daily Signal) President-elect Donald Trump may be following President Barack Obama’s lead come Jan. 20, using executive orders to roll back parts of the outgoing president’s signature health care law.

During a meeting with Republicans on Capitol Hill Wednesday, Vice President-elect Mike Pence said the president-elect plans to kick off his administration by signing executive orders to begin dismantling Obamacare.

“We’re working now on a series of executive orders that will enable that orderly transition to take place even as Congress appropriately debates alternatives to and replacements for Obamacare,” Pence told reporters after the meeting.

Pence did not elaborate on which parts of the law the president-elect would dismantle using his executive authority, and Trump’s transition team did not return The Daily Signal’s request for comment.

But health care experts believe there are several steps the president-elect can take on his first day in the White House that would deliver a blow to the health care law even before Congress acts legislatively.

“This is the problem with expansion of executive branch powers is that it cuts both ways,” Seth Chandler, a visiting scholar at George Mason University’s Mercatus Center and a professor at the University of Houston Law Center, told The Daily Signal. “I think a lot of liberals gave Obama a pass when he did it, and they’re now potentially going to have to face the consequences of permitting the executive to greatly expand its powers.”

Individual Mandate

Experts believe Trump could first decide not to enforce the individual mandate, which requires people to have health insurance and fines those who do not.

The provision was designed to balance out the population of consumers who enrolled in coverage under Obamacare and ensure healthier enrollees offset the higher costs associated with a sicker enrollment population.

But if the president-elect decided not to enforce the individual mandate, it “could make a real difference to the vitality of the exchanges going forward,” Nicholas Bagley, a professor at the University of Michigan Law School, told Kaiser Health News.

The president-elect also could announce his intention to seek hardship exemptions for all enrollees, effectively exempting everyone from the individual mandate, Chandler said.

“Obama expanded the hardship exemption for all sorts of reasons,” he said. “He has paved the way to a larger set of exemptions.”

The individual mandate is also likely to be the target of congressional Republicans in a reconciliation bill repealing parts of Obamacare.

Cost-Sharing Reductions

The president-elect can move to end the cost-sharing reductions or drop an appeal the Obama administration filed in response to the House’s lawsuit on the cost-sharing reductions in 2014.

Cost-sharing reductions are discounts offered to eligible consumers who purchase silver-level plans. The federal government then reimburses insurers for the reductions.

Last year, a federal judge ruled in favor of House Republicans, but the Obama administration filed an appeal to a higher court.

Dropping the appeal would allow U.S. District Court Judge Rosemary Collyer’s ruling to stand, and the payments to insurers would end.

If the payments ended, insurers would still be offering discounts to customers, but would no longer receive subsidies from the federal government to help with the cost.

As a result, insurance companies would likely begin to leave Obamacare’s exchanges, Chandler said.

“[Rep.] Tom Price voted to authorize a lawsuit to stop those payments because Congress never authorized them,” Chandler said of Trump’s pick for Health and Human Services secretary. “It becomes a little difficult for having said the payments are illegal to continue to keep taking them.”

Reinsurance Payments

In addition to the cost-sharing reductions, insurance companies received money from another program, the reinsurance program, under the Affordable Care Act.

Under the program, payments are made to insurers who enroll higher-risk populations.

But $5 billion was supposed to be returned to the Treasury before it was distributed to insurers. The Obama administration, however, has prioritized at least $3.5 billion to insurers over the Treasury.

Now, Republicans in Congress are pushing the Department of Health and Human Services to return the money paid to insurers under the reinsurance program to the Treasury.

Chandler said Trump could issue an executive order instructing the government to repay the Treasury.

Basic Health Program

Under the Affordable Care Act, states had the option to create a Basic Health Program, which was designed to offer public health insurance to low-income residents who did not qualify for Medicaid but were below 200 percent of the federal poverty line—$48,600 for a family of four in 2016.

Just two states implemented Basic Health Programs: New York and Minnesota.

Like the cost-sharing reductions, Trump could decide to no longer allocate money the states receive for Basic Health Programs, which would “throw the market in those two states in disarray,” Chandler said.

Original Source

  • Devasahayam the Deplored

    Why not cover the whole in one XO, scrapping h0hellth entirely? There’s no part that should be salvaged!

    • Wanda Schutt Andrako

      Preconditions is really necessary. I have watched some struggle with obtaining coverage even now. One had great difficulty finding one that covered her dr and the hospital she needs and her pre-existing condition. It took weeks to find one and then the deductible is still almost $6000. That is no insurance.

  • Meruelo

    No matter how it is done, just get rid of that piece of crap called Obamacare

    • Evan

      And get rid of O-Homo before IT can
      do any more damage!

    • Deborah Pratt

      It IS ‘important’ how it’s done. In spite of ‘panicked’ responses, it is being ‘phased in’ in a responsible manner. Trump isn’t out to ‘hurt’ people, just to get a better, ‘working’ system in place. That means, keeping people covered who ‘need’ to be covered. Even as it stands–‘O’Care is harming a lot of people, particularly those on whose backs fall the responsibility of financing the darn thing! Can’t imagine the protest of people when efforts are being made to implement a comprehensive, sustainable program!!

      • Richard

        that was one of obamas promises – to take money from whites and give it to blacks .

  • Larry Lewis

    I remember “hospital insurance”. When I was young and first employed my employer paid for “hospitalization insurance” this was meant to provide insurance should we need hospitalization for something like surgery. Other than that we paid our own doctor visit expenses. The the unions began to force medical coverage such as eye care, etc. How quickly we sold our birthright for a mess of pottage.

    • Mathew Molk

      I was thinking that same thing…The number of people today that who’s hobby is going to the doctor baffles me, though. We went to the doctor only if we got hurt or were deathly ill. We never even went to the emergency room to get stitches,

      • Wanda Schutt Andrako

        They go so that they get their “money’s worth” and really have no idea what it costs. They did that when we had regular insurance like before Obamacare.

  • Cora Bird

    Those of us in California need immediate relief from this crappy Obamacare. In my household of two, health insurance has gone up by more than %100 since 2012. The insurance costs so much that we cannot afford to go to the Dr. and pay that too. Unfortunately we may end up stuck with this crap because of California’s negative stance toward Trump. Gov. Jerry Brown doesn’t give a damn about working people, just illegals and public employees. We are hoping Trump can help.

    • Mike

      b.s. your insurance did not increase 100 percent. as for California you do realize that obamacare is a federal program so gov Brown cannot keep it.

      • Clay Zorn

        @Mike You really don’t know how much her insurance increased. And California, just like most other states adopted the “Obamacare” programs as their state program. I believe you’re a liberal plant just to play down all of the right thinking, and smarter, readers of this blog.

        • Mike

          it’s true I don’t know but I doubt strongly it was 100percent. you could not adopt obamacare as your state program. you could expand Medicaid and you could develop your own exchange website for individuals to purchase insurance but Obamacare is a federal law so that is not the same thing.

      • Mathew Molk

        I beg to differ,,,I know people that had their insurance costs over double (That’s OVER a 100% increase if you are not a Math major) and as far a Moonbeam using a pen and a phone there is nothiong to stop him from madating the continuation of obamacare in his state…Now how he is going to pay for it and what insurance companies will go along with it is a whole ‘nuther story.

    • teamsbill

      Best thing people in California can do is vote out those looney tune liberals

      • Richard

        it will never happen – the whole state is full of liberals and those that aren’t are wealthy enough not to care .

    • teamsbill

      Brown also gave illegal immigrants driver licences

      • roger

        so did illinois

    • irish1919

      Of course not. However if the masses are electing Dems you will never have justice for the working class only the illegals. Shape up California and stop voting for those losers.

      • maxx

        Stop illegals from voting period. Just because they have a drivers license doesn’t mean they are allowed to vote. Everybody knows as long as they are getting free stuff they will vote for the demooNazi party. Clamp down on illegal voting.

    • Ron Gonshorowski

      Well now Moonbeam Brown will let parents pimp out their children until they are 18, so what else could happen in California.

    • Deborah Pratt

      Hang in there, Cora!! Your governor will not stand in the way of implementing the changes coming.

    • just care

      You’ll be fine. Moonbeam talks tough, but after Trump is done with him Moonbeam boy will be nothing but a bug on Trumps windshield.

    • maxx

      Anybody ever attempt to recall Moonbean? Or did up the dirt on him? You know there must be dirt on this moron. Organize and effort to drive him out of the state.

    • Richard

      because he is insuring the wrong people – illegals ….

  • Mike

    you will own this mistake republicans. democrats have had to own obamAcare and now you will own this. of course with your tax cuts for the 1percent you will once again probably tank the economy so that will be great to fix again. thanks again undereducated trumpsters.

    • CJ

      Must be nice to be so f***ing smart

      • Mike

        statistically on this election as a Hillary voter yes I am certainly more intelligent than the trumpsters and frankly you are the takers as well while us liberals have to pay for you as fact the counties Hillary won accounted for 64 percent of economic growth in2015. the counties that voted for the orange haired witless wonder? the other 34percent. undereducated and the takers. great glad you morons are in control.

        • George E. LeFebvre

          So your intelligent whoopie, but apparently you lack common sense if you think Hitlery would have done anything for the country. She knows only the art of lying and being deceitful.

          • Evan

            Right! Hope we are done with the criminal Clintons!
            They are the worst people in America, except for maybe
            the obamas! Either way, I hope all of them are soon gone
            and out of our lives forever, never to be heard from again!

          • Char


          • Mike

            you know a liar if you voted for trump. the man who lied more than any other person in the history of our political system. unfortunately his supporters did not want or know how to read to learn the truth.

          • Mary Brotherton

            Mike – you just outed yourself as a troll. Go get a real job – you must know how to do something honest. If you don’t then get help. By the way – is Soros still paying you as much as he did before the election you lost? Bet Hillary isn’t kicking in anything these days – LOL LOL.

          • Mike

            as with many liberals i have a job and us big liberal states support the poorer conservative states

        • fidel

          Suck it up. Loser

          • Mike

            we will and then we will pick up the mess you “conservatives” make as we have before. again facts show the country’s economy does better with democrat presidents in charge than republican.

          • Ron Gonshorowski

            Is that why the economy was the way it was ,1.1% growth average when we needed 4%. Liberal and stupid are synonymous.
            I bet you like Maxine Waters also.

          • Mike

            i was referencing historical trends. those show overall better growth with democrat presidents over republican presidents. and again compared to Bush, Obama did great

          • Ron Gonshorowski

            That is because Democrat Presidents just got the accolades of what actually happened previously.
            “Democrats would no doubt like to attribute the large [Democrat-Republican] growth gap to macroeconomic policy choices, but the data do not support such a claim,” the researchers wrote in a report aimed at determining why the economy tended to post better numbers under Democratic administrations. “If anything, and we would not make too much of small differences, both fiscal and monetary policy actions seem to be a bit more stabilizing when a Republican is president – even though Federal Reserve chairmen appointed by Democrats preside over faster growth than Federal Reserve chairmen appointed by Republicans by a wide margin.”

        • fidel

          Support some Muslim s in your home and then you may speak lib

          • Mary Brotherton

            Mike is a paid troll. Nobody could be that stupid. Just ignore him and he will find another board where he can spew his crap.

        • Mary Brotherton

          No, Mike. You mis-read the statistics. They said that the “COLLEGE GRADUATES” were the ones who voted for Hillary. Nothing was ever said about them being “More intelligent” or even better educated. We all know what college is these days – a liberal indoctrination center where snowflakes find refuge from the real world. And since we – no, you – are talking about being educated, I am surprised an over-educated guy like you would use such incorrect English as ” . . while us liberals have to . . ” etc. US liberals? Your government education is on display. Sorry to have to point out your ignorance, but it is the takers who voted for Hillary. You know – the welfare queens, the druggies, the BLM bunch – the people who contribute nothing to society. They knew Trump would end their gravy train but HIllary never would.

          • Mike

            actually no. stats show the 500 counties that supported Hillary accounted for 64percent of economic growth. the approximately 2500 that voted for trump accounted for just 34percent. again sorry facts don’t back up your claims

    • Ron Gonshorowski

      You are not invested in the stock market, are you?

    • Mary Brotherton

      Hey look – it’s over-educated Mike. You know him – one of those people who voted for Hillary. I’m sorry for YOU that she lost but I’m sure glad for the rest of us Trump won. Now over-educated Mike – will you tell us all the times a tax cut itself was the cause of the economy tanking? I’m not talking about other policies that were implemented at the same time – just the TAX CUT which is the only thing you referenced.

      • Mike

        look its undereducated Mary who believes tax cuts for the 1percent trickle down. now if you want to talk about the corporate tax rate then I agree it needs to be cut. as for personal rates no that does not stimulate growth.

  • If there are 20 million people enrolled in Obamacare, why didn’t we just give them all 1 Million each and save the American taxpayesr 1.7 TRILLION ?

    I am sure each one of them could find some way to piss away their million bucks.

    • Mathew Molk

      A very good idea. They would have spent the money here too and the working folks might have been able to latch on to a couple bucks.

    • Mary Brotherton

      Would you please tell us the answer to this:

      20 million
      1 million
      And the answer is ??????

      Some math challenged people think that would equal 20 million. LOL – try again.

      Please let us all know the answer to that. Thank you.

  • Take 1 pro

    Since when in history has a lie ever turned into a truth? Of course as Winston Churchill is quoted as saying, “People stumble over truth and get up as if nothing happened.”

    • Deborah Pratt

      Churchill was a ‘wise’ old fella and I’m glad Trump is putting his ‘bust’ back into the White House where it belongs. ‘O’ had it tossed out–he’s got no respect for ‘wisdom’!

  • Deplorable Zio

    Destroy Obunghole care, and deport all the pedophiles responsible for it

    • Ron Gonshorowski

      Pimping children out is now legal in California.

  • TheRpennington

    Get rid of that CRAPPY name obama.

    • Robert Wayne

      Every morning when I wake up, I get the paper, go into the bathroom and read that paper while taking an Obama.

  • Mathew Molk

    I hate to see the president doing the pen and phone thing but he is the Prez and I said I’d support him so I guess we will have to see.

    If he would do it and then go to congress for approval it would take some of the sting out of it.

  • Sid sees her

    How can anybody screw up a failed program? The chimpanzee is totally wrong, his healthcare program has failed from the start. The only way it can be fixed is to throw it away and start with something capable people that know what they are doing, not an idiot from the jungle of apes and snakes.

    • Ron Gonshorowski

      I do wish you would quit denigrating the intelligence of chimpanzees.

  • fidel

    I’d even delagitamize the prestigious medal award based on you can’t give your self praise. It comes from the people. Obama needs a head shrinker and his skull on a stick. Stomp the name of Obama out of this life.


    No need to do anything, it’s collapsing on it’s own.

  • Bullywugger

    I have a self-employed friend that has to pay out the nose for obama care because he must go through an exchange to get it which mandates he carries many things, (such as prenatal) to keep from getting the penalty. If he doesn’t have to worry about meeting the mandate qualifications then he can find a program more in tune with his needs as he had before this boondoggle that obama created. GET THE GOVERNMENT OUT OF HEALTHCARE, LET THE PEOPLE BE FREE.

  • theescotsman




    • Deborah Pratt

      I’m sure this is at the top of ‘Trumps’ to do list, scotsman!! He has a list a ‘mile long’ and ‘O’ keeps trying to add to it. All in an effort to make it look as though Trump has ‘failed’. It won’t happen, of course, but ‘O’ can’t resist trying anyway!! Before taking such action, he must make sure it won’t leave any ‘holes’ in national security, etc. and, if it does, take appropriate action to secure them. Trump is gathering his committees of men and women to take action even now.

      • theescotsman

        DO YOU HAVE FIRST HAND KNOWLEDGE OF THIS? DO YOU HAVE ACCESS TO THE TRUMP TEAM? IF SO, PLEASE PASS ON TO THEM: – they will need that more AFTER the inaugeration then now.

    • just care

      I agree totally. A lot of people want to look the other way now that he is leaving office. I say no way. Investigate that s.o.b.

  • Brent

    A loud word to all you doorknob politicians overcomplicating things, exclusively for the purpose of job security:

  • john blue

    Make one page law, make it simple, leave no one out, put ALL politicians on the same plan. Make all pay the same every month or go your own way. To get free Dr & medicine if you can’t pay you must do community service 40 hours per month.

    • Amethyst_2012

      You might have bit of an idea there. Now for all the disabled?

  • just care

    Obama is about to lose his 8 year war on America. O’care , all of his E O s are about to be trashed. All of his pansy A$$ liberal followers will rue the day they tried to bring down America.

  • Trump is doing what we asked him to do. Americans can’t start getting squeamish about how it’s being dismantled. It’s far too late for it to be a smooth transference from bad to good, just hold on for the ride.

  • lucifer

    As all of these things unfold, I bet the african arab will be biting his nails. It is just payback, to him and the rest of that lousy lying bunch called democrats? Thank You.

  • Anna Ketley Becker

    Well over 80% of Americans polled love ACA and over 44,000 Americans each year NOW have access to healthcare and had previously died due to lack of access to healthcare. You dudes are freeloaders and very dangerously selfish by simply denying life to those 44,000 you condemn to their deaths by repealing ACA and not replacing it with anything! You are all freeloaders as you expect our tax dollars to pay for the few poor without ACA hoping to get healthcare via hospital ER rooms and YOU pay for it along with the rest of the 99% of Americans Trump and GOP do not support!

    • Deplorable Patriot

      Wake up you are delusional at best. And you are incorrect in your unsubstantiated numbers and in the fact that, all the real Americans in fact, did vote for Trump. Anyone who opposed him, actually opposes the very vision, our founders had, for this Great Nation. Do some real research not just drinking the koolaid the msm has been feeding you. The truth will set you free.

    • Richard

      sure – the 80% polled were the ones who get their insurance for free , probably on welfare , getting food stamps , live in a state run housing project – paying nothing for rent . Actually they most likely never paid for anything on their own in their entire life .

  • Anna Ketley Becker

    The GOP is out of bargaining chips as it is solely through reconciliation and ONLY those parts of ACA that relate to budget can be reconciled. However, let’s not forget how the GOP taught the Dems to obstruct and then fillibustered while drunk under Bonehead singing ‘la la la la’ ALL legislation important to the 99% of Americans. The Dems will follow suit on ALL GOP legislation that rolls our nation backwards as what we saw under Bush. Research the guidelines for Executive Orders then dream on as your orange julius headed King Trump will simply add to his own impeachment process when he continues to violate yhe U.S. Constitution.

  • MaryAnn

    You moron trumpers are so screwed, you let your hate for a black president cloud those tiny excuses for brains. bend over, trump is going to screw you so badly you wont know what hit you. The joke is on you…..his billionaires are taking over the government, and you morons arent worth chump change to them, which you will soon find out. Diss Obama all you want, but at least he is SANE…….You trumpturds are in for a VERY rude awakening,lol.

  • copakeman