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.

(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.

DONALD J. TRUMP

THE WHITE HOUSE,

January 20, 2017.

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